Professionals who face disciplinary proceedings that could result in loss of livelihood will be granted the right to legal representation, following an important Court of Appeal ruling.
Professionals who face disciplinary proceedings that could result in loss of livelihood will be granted the right to legal representation, following an important Court of Appeal ruling.
In G, R (on the application of) v X School and Ors [2010] EWCA Civ 1, a teaching assistant accused of improper behaviour towards a 15 year-old work experience student was denied legal representation at an internal disciplinary hearing which resulted in his dismissal. The school applied for the teacher to receive a lifetime ban from working with children.
The Equality and Human Rights Commission (EHRC) intervened in the hearing to argue that, given the grave consequences of the outcome for G, he was entitled to a fair trial, including the right to be represented by a lawyer.
The court agreed, in a unanimous decision. Lord Justice Laws said Art 6 of the European Convention on Human Rights (right to a fair trial) was engaged. “It
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