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Teachers and other professionals who are accused of improper behaviour and who face losing their livelihood as a result will now have the right to legal representation in disciplinary proceedings.

The Equality and Human Rights Commission intervened in a case before the Court of Appeal which arose as a result of a teaching assistant facing disciplinary action over allegations of inappropriate behaviour towards a 15 year old work experience student. The teacher, G, was denied legal representation at an internal disciplinary hearing which resulted in his dismissal. The school also applied for the teacher to receive a lifetime ban from working with children.

The Commission intervened in the Appeal hearing to submit that, given the grave consequences of the outcome of the disciplinary hearing for G, he was entitled to a fair trial, including the right to be represented by a lawyer. The right to a fair trial is a fundamental human right recognised in both common law and Article 6 of the European Convention on Human Rights.

In a unanimous decision, the Court of Appeal agreed with the Commission. Lord Justice Laws said it “was well established here and in Strasbourg that the level of procedural protection... depends on what is at stake.” Given the effect that having an advocate might have on the disciplinary proceedings and the high stakes involved, ‘G’ should be afforded the opportunity to arrange legal representation should he wish.

Susie Uppal, head of the Commission’s enforcement team, said: “The right to a fair trial is a key cornerstone of the rule of law. It is clearly a violation of a teacher’s human rights if they are denied legal representation at a hearing in which their working future is at stake.

“Given the gravity of that consequence, G should have been afforded all the protections conveyed by the European Convention.”