Judicial review application refused for Baby P’s children’s services director
Former Haringey children’s services director, Sharon Shoesmith has lost her legal challenge over her dismissal in the wake of the Baby P tragedy.
Mr Justice Foskett dismissed her judicial review application last week (R (Shoesmith) v Ofsted and Ors [2010] EWHC 852 (Admin)), but criticised Ofsted, Haringey Council and children’s secretary, Ed Balls, for their handling of the issue.
Peter Connolly (Baby P) died in 2007 and, following the criminal trial in 2008, Balls asked Ofsted to produce a report. Once this was produced, Balls appointed replacements for Shoesmith and her deputy, and Haringey councillors summarily dismissed Shoesmith with no compensation.
Foskett J said the employment tribunal was the appropriate forum for deciding whether Shoesmith was unfairly dismissed. However, he said that “simply because the Ofsted report was in the terms it was, and the secretary of state acted as he did and he, others and various national newspapers called for the claimant’s summary dismissal was no proper justification for taking such an approach and it created the appearance of an unfair process”.
Shoesmith sought a judicial review on the grounds the process of her dismissal breached principles of natural justice and was unfair.
She claimed Balls had been improperly influenced by political and media pressure in removing her.
In a lengthy judgment, Foskett J rejected this as “too simplistic” and said he could find “no sustainable basis” for the allegation that Balls or his officials interfered in the Ofsted report.
He found that Ofsted had met its obligation of fairness even though Shoesmith was given no opportunity to respond to the report prior to publication.
A statement released by Beachcroft LLP, solicitors for Shoesmith, says: “We are disappointed that, despite the serious criticisms made by the judge of Ofsted, the secretary of state and Haringey council, the judge has not upheld Sharon’s claim for judicial review.
“We nevertheless welcome the finding that Haringey acted unfairly in dismissing Sharon.”
