Court’s powers in appeals against teacher discipline orders (Daniah and another v The Secretary of State for Education)
Local Government analysis: Two appellants appealed to the High Court against teaching prohibition orders made against them under section 96 of the Education and Skills Act 2008 (ESA 2008). Previously, they had been convicted of running an independent educational institution without a valid registration contrary to ESA 2008, s 96(2). The High Court concluded that the appeal against the prohibition orders was a review of the decision to impose them and not a re-hearing. Further, the appeal did not offer an opportunity to revisit the findings of fact in the criminal proceedings, and the appellants were bound to accept that those findings of fact could not be challenged in the appeal. Written by Denis Edwards, barrister, Normanton Chambers.