Regina v Secretary of State for Education and Employment and Another, Ex Parte McNally: CA 12 Mar 2001

Where the representative of the chief education officer of the local authority had acted in disciplinary proceedings against a teacher, it would be contrary to natural justice for him to exercise his statutory power to retire with the committee who were to deliberate on the outcome of the hearing. The panel had the right to ask the representative to withdraw in certain circumstances. There was no advice he could give to the panel members which would not better have been given in the presence of the teacher. The decision to exclude the representative was not unreasonable.


Times 23-Mar-2001, Gazette 11-May-2001, [2001] EWCA Civ 332




Education Act 1996 496 97


England and Wales

Education, Administrative, Natural Justice

Updated: 19 May 2022; Ref: scu.88602