The Weekly Law Reports
[2011] 3 WLR 237
Supreme Court
Regina (G) v Governors of X School (Secretary of State for the Home Department and another intervening)
[On appeal from R (G) v Governors of X School (Secretary of State for Children, Schools and Families intervening)]
[2011] UKSC 30
2011 April 11,
12;
June 29
Lord Hope of Craighead DPSC, Lord Walker of Gestingthorpe, Lord Brown of Eaton-under-Heywood, Lord Kerr of Tonaghmore, Lord Dyson JJSC
Human rights— Fair trial— Legal representation— Disciplinary proceedings— Defendant school governors dismissing claimant school employee for alleged inappropriate relationship with child at school— Governors having refused claimant right to legal representation at disciplinary hearings— Governors’ decision resulting in referral to Independent Safeguarding Board— Board having power to prohibit claimant from working with children— Whether disciplinary proceedings determinant of claimant’s civil right to practise his profession— Whether denial of legal representation breach of claimant’s Convention right to fair hearing in determination of his civil rights—
Human Rights Act 1998 (c 42), Sch 1, Pt I, art 6.1
—
Education Act 2002 (c 32), s 142
—
Safeguarding Vulnerable Groups Act 2006 (c 47) (as amended by Policing and Crime Act 2009 (c 26), s 81(1)(3)(m)(i)), s 2(2), Sch 3, Pt 1