The Administrative Court has dismissed a statutory appeal against a prohibition order imposed by the Secretary of State on the Appellant, with a possibility to apply for a review in two years’ time.
In doing so, it provided some guidance as to the procedural requirements in hearings before Panels of the National College for Teaching and Leadership (“NCTL”). The case concerned conduct admitted by Mr Zia to be unacceptable professional conduct and conduct that may bring the teaching profession into disrepute. This included delivering off-site “out-of-hours” tuition sessions for pupils, including wrestling lessons, without sufficient parental consent or the knowledge of the school, and in breach of the school’s policies and management instructions. A prohibition order was imposed following a hearing before a NCTL Panel, at which Mr Zia was legally represented.
In her judgment today, Mrs Justice Lambert dismissed an appeal against the Order, brought on grounds of procedural fairness. The Court made clear that a Panel did not need to adjourn proceedings, of its own volition, to enable a party to obtain further supportive material, where sufficient opportunity had been given prior to, and during, the hearing for such information to be provided or for an adjournment to be sought.
The full judgment can be read here.
Ravi Mehta acted for the Second Respondent, the Secretary of State for Education.