Practice and Procedure

R (on the application of G) (Claimant) v X SCHOOL GOVERNORS (Defendant) & Y CITY COUNCIL (Interested Party) (2009)

PUBLISHED March 18, 2009

[2009] EWHC 504 (Admin)

A disciplinary procedure conducted by the governors of a school against an employee did not amount to proceedings in respect of a "criminal charge" and, accordingly, the European Convention on Human Rights 1950 art.6(3)(c) and art.6(3)(d) did not apply to that procedure. However, particularly in view of the gravity of the allegations made against the employee, he was entitled to legal representation at hearings before the disciplinary and the appeal committees by reason of his right under art.6(1) to a fair hearing in a "civil" matter.

QBD (Admin) (Stephen Morris QC)