A teaching assistant who kissed one of his male pupils was not entitled under article 6 of the ECHR to be represented by a lawyer at the disciplinary hearing before the school governors, the Supreme Court has held.

A teaching assistant who kissed one of his male pupils was not entitled under article 6 of the ECHR to be represented by a lawyer at the disciplinary hearing before the school governors, the Supreme Court has held.

The Court of Appeal held that G, who was aged 19 when he kissed the 15 year-old, did have the right to be represented by his solicitor (see solicitorsjournal.com, 26 January 2010).

The school reported G to the secretary of state for children, schools and families, who, under section 142 of the Education Act 2002, has the power to ban him for life from working with children, after taking advice from the Independent Safeguarding Authority. No decision has yet been made.

Giving judgment in R (on the applicat...

Jean-Yves Gilg
Editor
Solicitors Journal

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