R (G) v Governors of X School (Secretary of State for Children and Schools and Families intervening) – WLR Daily

Posted January 22nd, 2010 in disciplinary procedures, law reports, teachers by sally

R (G) v Governors of X School (Secretary of State for Children and Schools and Families intervening) [2010] EWCA Civ 1; [2010] WLR (D) 4

“Where an individual was subject to two or more sets of proceedings, or phases of a single proceeding, and a civil right or obligation enjoyed or owed by him would be determined in one of them, he could (but not necessarily would), by force of art 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, enjoy appropriate procedural rights in relation to another of them if its outcome would have a substantial influence or effect on the determination of the civil right or obligation. Accordingly, disciplinary proceedings which could lead to a teacher being statutorily barred from working with children were determinant of an individual’s right to practice his profession and art 6 was engaged by those proceedings.”

WLR Daily, 21st January 2010

Source: www.lawreports.co.uk

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