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R(on the application of G) and The Governors of X School and Y City Council [2009] EWHC Admin

DATE: 18 Mar 2009

In an important judgment on the effect of Article 6 in disciplinary proceedings, Stephen Morris QC has held that in the particular circumstances of the case the civil limb of Article 6 obliged a school disciplinary panel to afford an employee legal representation. This was because the consequence of dismissal would be highly likely to have the draconian consequence, given the nature of the allegation, of a direction under s142 of the Education Act 2002 prohibiting the employee from working with children.

The judge rejected the argument that the consequence was so severe as to engage the criminal limb of article 6; but granted both parties permission to appeal.

Richard Drabble QC appeared for G.