The unanimous ruling confirms a High Court judgment that an unqualified music teacher who kissed a 15-year-old boy was entitled to a lawyer at his disciplinary hearing (see Solicitors Journal 153/13, 7 April 2009).
The school reported G to the secretary of state for children, schools and families, who, under section 142 of the Education Act 2002 and advised by the Independent Safeguarding Authority (ISA), has the power to ban him for life from working with children. No decision has yet been made.
“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.”
He said he agreed with Stephen Morris QC in the High Court that in this case article 6 required that the claimant should have the opportunity to be represented by a lawyer.
“Solicitors Journal” 26 January 2010
