Teacher was not afforded basic fair procedures in answering allegations of sexual abuse

Judicial review – secondary school teacher challenging the finding made by the Child and Family Agency that a complaint by a pupil in the school, represented child sexual abuse – complaint upheld by appeals panel – did not afford the teacher basic fair procedures - earlier allegation - low professional standards - background to the relevant allegation – disciplinary process – hearing - application for judicial review – criticisms of procedures followed – policy and procedures for responding to allegations of child abuse and neglect - procedures followed – evidence against the teacher – statements - the process of investigating and reaching a conclusion on the complaint had been undermined in that the complaint, as formulated by the first named respondent into an allegation, was unsupported by the written statement of the complainant – teacher’s events not put to the complainant - principles that apply to the application of fair procedures in an investigation – facts not put to the teacher – decision making process was fundamentally and deeply flawed – took into account other alleged events without informing the teacher of such or seeking his response – appeal – appeals panel’s finding that the teacher had been afforded fair procedures, is both irrational and unreasonable – judicial review granted