Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Court of Protection Practice and Procedure Conference 2016

A comprehensive guide to best practice and current thinking

Public law and Regulation

Case reports and guidance on public law and professional regulation issues

11 JAN 2012

R (Wood) v Secretary of State for Education [2011] EWHC 3256 (Admin)

Grounds of judicial review - substantive legitimate expectations – proportionality – education – teachers – barring

A teacher’s substantive legitimate expectation had not been breached by a decision to bar him from working with children, despite a letter which said that no further action would be taken.
9 December 2011
Administrative Court
Singh J
(1) Patrick Wood (W) challenged the decision of the Secretary of State for Education (E) to bar him from working with children, under section 142 of the Education Act 2002. W was a teacher. Accusations of assault and indecency were made against him in 2000 and 2002. W had received a letter from E in April 2005 saying that no action would be taken against him if there was no further misconduct. There was no further misconduct. Around 2006, there were general concerns about how child protection was being conducted which lead to the Historical Cases Review, which included consideration of the claimant’s case. An assessment found that the allegations were unlikely to be fictitious. This lead E to bar W in October 2009. W argued that the decision was unlawful because (1) it breached his substantive legitimate expectation that he would not be barred; (2) it breached Article 6 ECHR; and (3) it breached Article 8 ECHR. 

To read the full case summary and to view the case transcript, you must subscribe to Jordans Public Law Online (if you already subscribe click here to log in).


Education Law Reports

Education Law Reports

Comprehensive and reliable reporting service.

More Info from £155.00
Available in Education Law Online
Immigration and Nationality Law Reports

Immigration and Nationality Law Reports

An authoritative source of case reports covering every aspect of immigration, asylum and...

More Info from £155.00
Available in Immigration and Human Rights Online
Subscribe to our newsletters