Right To Legal Representation At Disciplinary Hearing

16 February 2010

Whilst a teaching assistant at X school, G faced an allegation that he had had sexual contact with a 15 year-old boy. Following a disciplinary hearing he was dismissed and his dismissal reported to the Independent Safeguarding Authority (ISA). The ISA were to determine whether he should be placed on a ‘barred’ list of those unsuitable to work with children. G brought judicial review proceedings, challenging the decisions not to allow him legal representation at a disciplinary or appeal hearing.

The Court of Appeal in reconfirmed the decision in Kulkarni v Milton Keynes Hospital NHS Trust and provided further authority for the proposition that Article 6 ECHR supports a claimant’s argument that he should be given the opportunity to be legally represented at a disciplinary/appeal hearing where it was determinative of a right to practise a profession.