In R (on the application of G) v Governors of X School and Y City Council, the Supreme Court held that a teaching assistant was not entitled to be accompanied by his solicitor at a disciplinary hearing when only his continued employment at the school was under consideration, and not whether he could continue to practice his profession.
Allegations were made that G had kissed a 15-year-old boy at the school and had developed some form of sexual relationship with him. The school refused permission for G’s solicitor to represent him at the disciplinary hearing. G was dismissed for gross misconduct. The school complied with its legal obligation to notify the Children’s Safeguarding Operations Unit, so consideration could be given to barring G from working with children.
The Court of Appeal ruled that the denial of legal representation at the disciplinary hearing breached G’s right to a fair trial under Article 6 of the European Convention on Human Rights, as the outcome of the disciplinary process would have a substantial influence on the Independent Safeguarding Authority’s (ISA), decision as to whether G could continue to work with children.
The Supreme Court upheld the school’s appeal. The ISA carries out its own evaluation of the evidence and decides whether the conduct is serious enough to place the person on the barred list. There was nothing to suggest that the ISA could not form its own view of the alleged misconduct because it would be profoundly influenced by the school’s decision. As there was not a sufficient connection between the school’s disciplinary proceedings and the ISA proceedings, Article 6 did not apply to the school’s procedures which were only concerned with G’s continued employment.
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