AM v Secretary of State for Education and Skills, Court of Appeal - Protection of Children Act List and Prohibition from teaching and working in schools, March 31, 2005, [2004] EWCST 310(PC)
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AM v Secretary of State for Education and Skills, Court of Appeal - Protection of Children Act List and Prohibition from teaching and working in schools, March 31, 2005, [2004] EWCST 310(PC)
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AM v Secretary of State for Education and Skills [2004] 310(PC) (31 March 2005)A. M.-v-The Secretary of State for Education and SkillsApplication No. [2004] 310.PCBefore:Mr John Reddish (Chairman)Ms Elena FowlerMs Pat McLoughlinHearing dates: 7th, 8th, 9th, 10th, 11th, 14th and 15th March 2005ApplicationOn 3rd May 2004 the applicant appealed under section 4(1)(a) of the Protection of Children Act 1999 against the decision of the Secretary of State for Education and Skills to include him in the list kept under section 1 of that Act.RepresentationAt the hearing, Mr Robert Palmer of Counsel represented the Secretary of State and Mr Adam Korn of Counsel represented the applicant.The evidenceThe Tribunal heard oral evidence on behalf of the Secretary of State from Mr Roger Carruthers, a Principal Officer for Social Services Performance and Review and from Mr Patrick Power, the Managing Director of a Children's Trust.The Tribunal heard oral evidence on behalf of the applicant from the applicant himself; Mrs Patricia Peters, the proprietor of a training and consultation service for learning organisations; Dr Keith White, the Director of a residential community; Ms Ruth Lockhart, a teacher of psychology; and Dr Gillian Broster, a Consultant Child and Adolescent Psychiatrist.The Tribunal also received written evidence on behalf of the applicant from Mr Stewart McCafferty, a freelance Family Therapist; Ms Shila Khan, a Senior Systemic Psychotherapist; Ms Maria McKay, the Vice Principal of a Sixth Form College; Ms Helen High, a Child and Adolescent Psychotherapist; Mrs Rita McGrath, a Senior Child Guidance Social Worker; Mrs B. B., the Team Secretary for the group of Psychiatric Social Workers of which the applicant was the Leader; Mrs Dianne Wood; Mrs Ann Coletta and Mr P.H and Ms L.S., Mrs C.M., Mr M.H., Mrs M. R., Miss V.J., Miss L.N., Ms L.S., Mrs S. P., Mr and Mrs J.S., Miss R., Mr C.S., Mrs R.B., Mrs J.L., Mrs B.R. and Mr M.S., all former clients, or parents of former clients, of the applicant. This evidence was not challenged on behalf of the Secretary of State.The Tribunal read the documents submitted by the parties (in 3 bundles comprising a total of 2,179 pages) and the extracts from books by Ms Martha Straus and Mr Daniel Hughes, submitted on behalf of the applicant during the hearing. The Tribunal also viewed videotaped recordings of the interviews of 3 children (V, L and M) and videotaped recordings of (i) a therapy session conducted by the applicant involving V and (ii) a therapy session conducted by the applicant involving another child, J.Preliminary mattersOn 21st September 2004 the President of the Tribunal made a restricted reporting order, pursuant to regulation 18 of the Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002, prohibiting the publication (including by electronic means) in a written publication available to the public, or the inclusion in a relevant programme for reception in England and Wales, of any matter likely to lead members of the public to the identify the applicant or any child. The President also made an order, pursuant to regulation 19, directing that members of the press and public be excluded from the hearing. The Tribunal decided to extend the restricted reporting order indefinitely, being satisfied that such an order would be appropriate to safeguard the welfare of the children concerned and to protect their private lives and that of the applicant.FactsThe material facts found by the Tribunal were as follows:1. The applicant was born in 1949 and is now 55 years old. He was educated at a Grammar School and subsequently took a degree in Social Studies from the University of Liverpool. In 1971 he commenced work as a trainee social worker. The applicant undertook further, postgraduate study. In 1973 he was awarded a Diploma in Applied Social Studies by the University of Edinburgh and, in 1979, a Certificate in Family Therapy by The Family Institute in Cardiff.2. From 1976 until 1984 the applicant was employed as a Senior Social Worker in a Child Guidance Team. In 1984 he was appointed as the Principal Psychiatric Social Worker at a Child and Family Consultation Centre run in partnership by a local authority and a Mental Health NHS Trust.3. V was born in November 1986 to a mother with learning difficulties. V had a cleft palate, which was operated upon when she was an infant. She did not receive the appropriate medical follow-up. By 1991 she had become very disruptive at home. V and her mother were referred to the Child and Family Consultation Centre where the applicant saw them. Thereafter, the applicant undertook extensive, though not continuous, family therapy with V and her mother and, after they were born, V's younger sister and brother.4. M was born in February 1989. His sister, L was born in August 1990. After their parents separated and divorced, M and L exper...See the full content of this document
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