Law and Rights
The Shoesmith case: appeal to Supreme Court refused
On 30th May, Law and Lawyers looked at the Court of Appeal's decision in the Sharon Shoesmith case - see "Accountability" is not synonymous with "Heads must roll" - but are there really constitutional issues at stake? The government and Haringey Council wished to appeal the Court of Appeal's judgment. The present government, somewhat implausibly, stated that constitutional issues were at stake. Hardly! The Secretary of State - (at the time it was Rt Hon Ed Balls MP) - had ample powers. The problem was with how he exercised them. The Supreme Court has refused permission for an appeal - see 11 King's Bench Walk Education blog. As 11KBW point out, this may not be entirely the end of the matter since other legal proceedings remain.
11KBW has an Education Law Practice Group and maintains an excellent blog on this increasingly complex subject.
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Sharon Shoesmith - Reported Compensation
"Accountability" is not synonymous with "Heads must roll" - per Maurice Kay LJ in R (Shoesmith) v Ofsted and others [2011] RECA Civ 642 at para 66. In December 2008, Sharon Shoesmith was dismissed as Director of Children's Services for Haringey Council. ...
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Vicarous Liability For Intentional Tort ~ Roman Catholic Priest
A "preliminary issue" continues to be fought in the case of JGE v Trustees of the Portsmouth Roman Catholic Diocesan Trust. The decision of MacDuff J is discussed in a previous post of 16th January 2012. The preliminary issue has now been...
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"accountability" Is Not Synonymous With "heads Must Roll" - But Are There Really Constitutional Issues At Stake?
Baby PJudgment of Foskett J - R (Shoesmith) v Ofsted, Secretary of State for Children Schools and Families, London Borough of Haringey [2010] EWHC 852 (Admin) Appeal from Judgment of Foskett J -R (Shoesmith) v Ofsted and others [2011] EWCA Civ 642 The...
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Sharon Shoesmith Wins Her Appeal
Sharon Shoesmith Basic facts: In April 2005, Sharon Shoesmith was appointed as Director of Children's Services at Haringey London Borough Council. The appointment by a Council of such an officer is a statutory requirement - Children Act 2004...
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A Lurking Sense Of Unease
In EH v London Borough of |Greenwich [2010] EWCA Civ 344 - Lord Justice Wall (now President of the Family Division) - engaged in trenchant criticism of social services in Greenwich (and perhaps, indirectly, on a wider basis). Wall LJ stated...
Law and Rights