- Secretary of State’s power to issue guidance in teachers’ disciplinary proceedings (Jones v Professional Conduct Committee of the Teaching Regulation Authority)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Local Government analysis: The Secretary of State has produced guidance for use in professional conduct panels when they are deciding whether to recommend that a teacher be barred from the teaching profession for misconduct. Dr Jones was barred from the teaching profession after a five-day hearing before such a panel although he did not attend. He appealed the decision to the Administrative Court (by way of a statutory appeal), arguing that the panel had not been entitled to take into account the guidance which the Secretary of State had produced because, he argued, the Secretary of State had no power to make such guidance since there was already secondary legislation governing panels. The court dismissed Dr Jones’ appeal, holding that since the legislation did not comprehensively regulate all issues concerning the conduct of a professional conduct panel hearing, there was scope for the Secretary of State to produce guidance to complement it. Written by Alexander Campbell, barrister at Field Court Chambers.
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