Chambers News

06.09.2010
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28.07.2010
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27.07.2010
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27.07.2010
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05.07.2010
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30.06.2010
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25.06.2010
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24.06.2010
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11.06.2010
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09.06.2010
John Bowers QC and Katherine Apps granted permission to appeal to the Supreme Court in R (on the application of G) v X School and Y Council >more

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25.05.2010
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19.05.2010
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17.05.2010
David Reade Q.C. acts for BA >more

News Details

John Bowers QC and Katherine Apps in Court of Appeal: legal representation in disciplinary hearings under Article 6 ECHR
06.10.2009


Today John Bowers QC and Katherine Apps from Littleton and Tim Kenward from 7 Harrington Street will appear in the Court of Appeal to appeal on behalf of the school and LEA in R(on the application of G) v X School and Y City Council. The case is a landmark challenge raising issues concerning Article 6 EHCR in the employment context and how Article 6 operates in the context of the recently controversial listing of persons as unsuitable to work with children by the new Independent Safeguarding Authority (“ISA”). In March the Admin Court held that G was entitled to legal representation at his disciplinary hearing in the school. It was alleged that G, a music teaching assistant, had committed an abuse of trust by kissing a vulnerable child and that following this incident that G sent the child two text messages suggesting they meet up at his house or go for a drive together. G sought legal representation at the school’s disciplinary hearing. This was refused. At the disciplinary hearing G declined to answer questions. The School dismissed him for gross misconduct. They reported his case to the Secretary of State for consideration as to whether G should be listed on “List 99” under section 142 of the Education Act 2002 as unsuitable to work with children. G has brought his challenge before the appeal hearing at the school and before any decision on listing has been made by the Secretary of State or the ISA. The school and LEA challenge the Judge’s finding that Article 6 entitled G to legal representation at the school disciplinary hearing. The case will consider the impact of the Court of Appeal’s recent judgment in Kulkarni v Milton Keynes Hospital Trust [2009] EWCA Civ 789 concerning Article 6 and the right to legal representation of doctors facing dismissal. G cross appeals, arguing that the higher guarantees of Article 6 criminal apply to his case rather than Article 6 civil. The Secretary of State for Children Schools and Families and Equality and Human Rights Commission have both intervened.