Court of Appeal rules on legal representation in disciplinary hearings

 The Court of Appeal has found that a teaching assistant was entitled to legal representation during disciplinary proceedings. This was on the basis that the seriousness of the charges against him had a direct effect on his ability to practice his profession in the future and he could rely on Article 6 of the European Convention on Human Rights (the right to a fair trial).

 This follows two previous cases where legal representation has been deemed to have been appropriate, and the case law determines that if the outcome of the disciplinary hearing could be career limiting e.g. professional misconduct for a doctor or a teacher, then they are entitled to legal representation

The case concerns a school’s treatment of a complaint against one of its teaching assistants that he had kissed and had sexual contact with a 15-year-old boy who had been undergoing work experience at the school.

Although the allegation could have amounted to a criminal offence, no criminal proceedings were taken. The school’s governors conducted an internal investigation and disciplinary hearing, and G was dismissed for abuse of trust.  He did not have legal representation.

 The school had argued that the proceedings only related to whether the teaching assistant could stay in his current post.  Subsequent decisions on his suitability to work with children would be made by the Independent Safeguarding Authority (ISA).  However, the Court of Appeal rejected this argument because it was clear that a dismissal would irretrievably influence the decision of the ISA which did not operate a procedure for oral hearings nor provide an opportunity for legal representation at this stage.