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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
(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.
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