The appellant had been dismissed from the social services department of Haringey Borough Council, and her name placed on a list of persons unsuitable to work with children. She had been criticised in the statutory inquiry into the death of Victoria Climbie. She had led the team of social workers. The Secretary of State appealed her removal from the list by the Care Standards Tribunal.
Held: It was permissible for the tribunal to depart from the decision of a statutory inquiry. That inquiry was not judicial in nature and could not bind a judicial body such as the tribunal. The results of the inquiry were admissible before the tribunal, and the views expressed might be highly persuasive. If the tribunal diverged from the findings of an inquiry it should do so only with care, and should explain its reasons, but in this latter respect it was sufficient to show that it had a justifiable basis for its conclusion. That existed here.
Judges:
leveson J
Citations:
[2005] EWHC 996 (Admin), Times 15-Jun-2005
Links:
Statutes:
Protection of Children act 1989 81
Citing:
Appeal from – Mairs v Secretary of State for Education and Skills CST 15-Nov-2004
. .
Cited – National Care Standards Commission, Regina (on the Application Of) v Jones Admn 21-Apr-2004
The Tribunal must ensure that it ‘asks itself the correct questions and then provides intelligible answers to those questions’ . .
Cited – Waddle v Wallsend Shipping Co Ltd 1952
The court considered the relationship between the findings of an inquiry and later judicial proceedings: ‘I think that the competent authorities might consider whether the useful purposes that wreck inquiries serve would not be increased if the . .
Cited – Patras v Commonwealth 1966
(Supreme Court of Victoria) The court distinguished decisions which are judicial from those which are purely administrative: ‘The underlying principle of this form of estoppel is that parties who have had a dispute heard by a competent tribunal . .
Cited – Thrasyvoulou v Secretary of State for the Environment HL 1990
A building owner appealed against enforcement notices which alleged that there had been a material change of use of his buildings in 1982. This notice was issued by a planning authority. As a result of the appeal an inspector determined that the . .
Cited – The European Gateway 1987
The court considered what use should be made by a court of a previous stautory inquiry. After referring to Waddle: ‘It is sufficient if I observe that I do not consider that this dictum (which goes to the admissibility of the report of a wreck . .
Lists of cited by and citing cases may be incomplete.
Local Government, Employment
Updated: 30 June 2022; Ref: scu.225332
