Montgomery, Regina (on the Application of) v Hertfordshire County Council: Admn 2 Sep 2005

The applicant, a former senior employee sought review of an order banning her from all the respondent’s premises. She had left the employment after a settlement, but the order would make it impossible to continue the work she had later taken up.
Held: The appeal succeeded. Nicholas Blake QC said: ‘where there is an interface of public and private law then the minimum requirement on the council is to act fairly and act fairly means giving the person against whom the action contemplated is to be taken an effective opportunity, before the action is taken, to make representations upon the reasons for the action, the extent of the action, the impact upon him or her of the action, and taking those considerations into account before the council commit themselves to a decision which it may well be difficult to review thereafter. ‘ The authority had not acted fairly.

Nicholas Blake QC
[2005] EWHC 2026 (Admin), [2006] IRLR 787
England and Wales
CitedWandsworth London Borough Council v A CA 20-Jan-2000
A was a parent of a child. The school complained of A’s behaviour when visiting the school, and was refused a licence to enter the premises without being accompanied. The behaviour continued, and an injunction was obtained.
Held: The order was . .
CitedRegina v Broxtowe Borough Council ex parte Bradford CA 2000
A tennis coach wanted employment with the borough council as a coach. It made inquiries of another council and found that he had been suspected of improper conduct towards young girls. It not only refused him a job but imposed a ban upon him . .
CitedRegina v Brent London Boriugh Council, ex parte Assegai 1987
A committee of the Borough resolved to ban Mr Assegai, who had been involved in a fracas and had made offensive remarks to two Councillors, from visiting any of the Borough’s properties. The resolution also purported to remove him from his . .

Lists of cited by and citing cases may be incomplete.

Local Government, Administrative, Employment

Updated: 01 November 2021; Ref: scu.230393