header-logo header-logo

The Shoesmith dismissal

Philip Thornton considers fairness & accountability in public office dismissals

After the death of Baby P, the secretary of state for children, schools and families asked Ofsted to produce an urgent report into the child safeguarding arrangements within Haringey. Acting on the contents of that report, the secretary of state issued a direction under the Education Act 1996, s 497A(4B) appointing others in place of the director of children and young people’s services (DCS) and her deputy with immediate effect. A panel of Haringey’s councillors decided shortly afterwards that the DCS should be dismissed summarily with no compensation.

In R (Shoesmith) v (1) Ofsted (2) SoS for Children Schools and Families (3) LB Haringey [2010] All ER (D) 162 (Apr), the claimant, who had held the post of DCS, made applications for judicial review against Haringey, her employer, and others. Her complaint against Haringey was that it had conducted processes which breached principles of natural justice.
One question addressed by Foskett J’s extensive judgment was how a local authority employee who (on account of

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll