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The High Court refused judicial review of a decision of the Teaching Council to find a school principal guilty of poor professional performance for failing for 19 weeks to inform the parents of a vulnerable child about an allegation of inappropriate behavior by a teacher. The principal's argument that confidentiality requirements prevented immediate disclosure was rejected. The panel had applied the criminal standard of proof and considered the principal's long unblemished career, ultimately deciding on admonishment as the appropriate sanction. The court dismissed all claims of bias, reversed burden of proof, and irrationality in sanctioning.
Poor professional performance, disciplinary panel, primary school principal, vulnerable child, autism, special needs assistant (SNA), inappropriate behavior, teacher, confidentiality, Teaching Council Act 2001, admonishment, judicial review, burden of proof, objective bias, aggravating and mitigating factors, sanction, High Court, Department of Education, circular 0049/2018, natural justice, Code of Professional Conduct for Teachers, child safety and welfare.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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