Teachers disciplined for sexual misconduct win right to a lawyer
Hylton-Potts - London Based Law Firm Helping People Across the UK since 1999
Teachers facing disciplinary action because of sexual misconduct allegations involving pupils have the right to a lawyer.
The teacher’s (a man) kissed the boy in a local church. He was dismissed after the boy’s parents read about the kiss in their son’s diary.
The school reported the teacher to the Secretary of State for Schools, who, has the power to ban teachers for life from working with children.
Delivering judgement, Lord Justice Laws said that a lawyer might make a “great deal” of difference to the “flavour and emphasis” of the governors’ conclusions, as well as to any contest over the main facts.
“And if an advocate might have effected such a difference before the governors, then the influence of their conclusions on the ISA’s decision making might also have been different.”
Rodney Hylton-Potts said “This is a major breakthrough for all in the caring professions.”
“Hearings are not meant to be overly formal or adversarial but we need to bear in mind what is at stake.”
“In these days of safeguarding, the implications on a teacher of malpractice allegations can be profound. They are as a bad as being convicted of a criminal offence in other spheres of work.
Telephone or email, Rodney Hylton-Potts, the expert on our Free Legal Helpline service.
Phone 020 7381 8111 or email [email protected]