There is a right to legal representation at a disciplinary which might result in the loss of the right to practise a profession

G, R (on the application of) v X School & Ors [2010] EWCA Civ 1

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23/01/2010

A teaching assistant at X school, G became the subject of an allegation of unlawful sexual relations with a 15 year-old boy (contrary to s.16 of the Sexual Offences Act 2003).

After a disciplinary hearing G was dismissed and reported to the Independent Safeguarding Authority (ISA)to be considered for inclusion in the so-called "children's barred list" (formerly 'list 99') of teachers banned from the profession.

G sought a judicial review subsequent to his dismissal based on the governors having refused to allow him legal representation at the disciplinary or appeal hearings.

In a decision following that of Kulkarni v Milton Keynes Hospital NHS Trust [2009]and previously reported here by WorkRep the Court of Appeal (CA) in G v X School has decided that where the right to practise a profession will hang upon the outcome of a disciplinary or appeal hearing, under Article 6 of the European Convention of Human Rights the individual must be allowed to be legally represented (Article 6 deals with the right to be given a fair trial).












The transcript of this case follows:-   G, R (on the application of) v X School & Ors [2010] EWCA Civ 1

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