R (Shoesmith) v Ofsted

Subject Matter

CHILDREN — Children's services — Ministerial directions — Ofsted inspection and report into functioning of local authority child care services — Secretary of State’s directions requiring local authority to remove claimant from office as director of children’s services — Local authority summarily dismissing claimant — Whether failure of Ofsted to provide claimant with proper opportunity for discussion rendering inspection unlawful — Whether Secretary of State’s reliance on Ofsted report and failure to afford claimant opportunity to be heard rendering claimant’s removal from office unlawful — Whether local authority acting unlawfully in terminating claimant’s contract of employment — Whether judicial review of termination of employment contract appropriate — Education Act 1996 (c 56), s 497A(4B) (as inserted by School Standards and Framework Act 1998 (c 31), s 8, amended by Education Act 2002 (c 32), s 60 and modified by Children Act 2004 (c 31), s 50) — Children Act 2004 (c 31), s 20(1)(b)(5)(6)

[2011] ICR 1195; [2011] PTSR 1459; [2011] PTSR D13

Appellate History