JUDY SMITH AGAINST SCOTTISH SOCIAL SERVICES COUNCIL [2015] ScotSC 23 (20 March 2015)

JUDY SMITH AGAINST SCOTTISH SOCIAL SERVICES COUNCIL [2015] ScotSC 23 (20 March 2015)

Article 6 ECHR is not engaged throughout the disciplinary procedure before the Conduct Sub-Committee; compliance must be judged at the conclusion of the appeal proceedings, and the sheriff has full jurisdiction to ensure Article 6 compliance. The sheriff’s interlocutor finding Article 6 engaged throughout was erroneous and must be recalled.

Citation
[2015] ScotSC 23
Parties
Pursuer and Respondent: Judy Smith; Defender and Appellant: Scottish Social Services Council
Jurisdiction
Scotland
Judgment Date
20 March 2015
Procedural Posture
Appeal in Summary Application Under Regulation of Care (scotland) Act 2001, Section 51 / Appeal Against Sheriff’s Interlocutor
Outcome
Appeal allowed; sheriff’s interlocutor recalled insofar as it finds Article 6 ECHR engaged throughout the procedure.
Legal Topics
Article 6 ECHR Compliance, Right to Fair Trial, Disciplinary Proceedings, Appeal Rights
Administrative Law Human Rights Law Regulatory Law Article 6 ECHR Compliance Right to Fair Trial Disciplinary Proceedings Appeal Rights

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Parties

Judy Smith

Pursuer and Respondent

Scottish Social Services Council

Defender and Appellant

Procedural Posture

Appeal in Summary Application Under Regulation of Care (scotland) Act 2001, Section 51 / Appeal Against Sheriff’s Interlocutor

Legal Issues

  1. 1 Whether Article 6 ECHR is engaged throughout disciplinary proceedings before the Conduct Sub-Committee
  2. 2 Whether a breach of Article 6 can occur at the sub-committee stage or only after appeal
  3. 3 Scope of appeal and compliance with Article 6

Ratio Decidendi

Article 6 ECHR is not engaged throughout the disciplinary procedure before the Conduct Sub-Committee; compliance must be judged at the conclusion of the appeal proceedings, and the sheriff has full jurisdiction to ensure Article 6 compliance. The sheriff’s interlocutor finding Article 6 engaged throughout was erroneous and must be recalled.

Court Disposition

Appeal allowed; sheriff’s interlocutor recalled insofar as it finds Article 6 ECHR engaged throughout the procedure.

Orders

  • No expenses due to or by either party in the appeal.
  • Remit to the sheriff to proceed as accords.