Davies v Secretary Of State for Children, Schools and Families, Court of Appeal - Protection of Children Act List and Prohibition from teaching and working in schools, September 30, 2008, [2007] EWCST 1129(PC)

Resolution Date:September 30, 2008
Issuing Organization:Protection of Children Act List and Prohibition from teaching and working in schools
Actores:Davies v Secretary Of State for Children, Schools and Families
 
FREE EXCERPT

1Davies v Secretary Of State for Children, Schools and Families [2007] EWCST 1129(PC) (30 September 2008)Leigh Stephen Davies-v-The Secretary of State for Children Schools and Families Application No. [2007] 1129.PCLeigh Stephen Davies-v-The Secretary of State for HealthApplication No. [2007] 1130.PVABefore:Mr John Reddish (Chairman)Mrs Carol CapornMs Jennifer CrossHearing dates: 6, 7, 8, 9, 12, 13, 14 May 2008; 10 June 2008 and 1 and 2 September 2008ApplicationOn 27 September 2007 the applicant appealed under section 4(1)(a) of the Protection of Children Act 1999 against the decision of the Secretary of State for Children Schools and Families to include him in the list kept under section 1 of the Protection of Children Act 1999 (the ``POCA'' list) and also appealed under section 86(1) of the Care Standards Act 2000 against the decision of the Secretary of State for Health to include him in the list kept under section 81 of the 2000 Act (the ``POVA'' list).RepresentationAt the hearing Miss Rosina Cottage of Counsel, instructed by Miss Natalie Cohen of the Treasury Solicitors, represented the Secretaries of State. Mr Jonathan Landau, a Barrister employed by Messrs Ridouts, Solicitors represented the applicant.The evidenceThe Tribunal heard oral evidence on behalf of the Secretaries of State from:Mrs A., the mother of a judo player coached by the applicant from 1992 until 2003;Mr Stephen Davidson, a Detective Constable in the joint Police and Social Services Child Protection Team;Mrs B., a judo referee and judo refereeing examiner and the mother of Miss B;Miss B., a former judo player who was coached by the applicant from 2002 until 2003;Mr Graeme Randall, the High Performance Judo Coach at the Scottish Institute of Sport, formerly the British Judo Association World Class Start Coach;Mr Paul Thawley, a Chartered Physiotherapist at the Olympic Medical Institute at Northwick Park Hospital in Harrow;Miss C., a former judo player who was coached by the applicant from 1998 until 2003;Mr C., a driving instructor and father of Miss C;Mrs C., mother of Miss C;Mr D., a housing manager and a judo coach who was coached, as a player, by the applicant from 1981 until 1990;Ms Rowena Birch, the British Judo Association World Class Start Manager in charge of the English National Judo Squad programme for girls and boys aged between 12 and 18, formerly the National Coach of the Great Britain Girls' Cadet Squad;Mr Scott McCarthy, the Chief Executive of the British Judo Association;Dr Craig White, the Chief Medical Officer to the British Judo Association; andMr Ben Ashworth, the Lead Physiotherapist for the English Institute of Sport who was formerly employed by the British Olympic Association, undertaking part-time duties as a physiotherapist at the Olympic Medical Institute at Northwick Park Hospital in Harrow.The Tribunal also received written evidence on behalf of the Secretaries of State from:Mr Garry Dickinson, a Police Constable with Humberside Police, East Yorkshire Roads Policing Team;Ms E, the Primary Secretary at an independent school where the applicant undertook judo coaching;Miss Natalie Cohen of the Treasury Solicitors;Ms P., a former junior international judo player who was coached by the applicant from 1998 until 2002;Ms Q., a former judo player who was coached by the applicant from 1994 until 1998;Ms R., an accounts manager and a former judo player who was coached by the applicant from 1983 until 1989;Ms S., a project manager and a former junior international judo player who was coached by the applicant from 1983 until 1998;Mr S. (brother of Ms S), a personal trainer and a former junior international judo player who was coached by the applicant from 1981 until 2002;Ms T., a child care worker and former judo player who was coached by the applicant from 1989 until 1995;Ms U., a student and former judo player;Ms Julia Moores, the Member Services Director of the British Judo Association; andMr David Sanders, the Programme Manager of the British Judo Association.The Tribunal heard oral evidence on behalf of the applicant from:the applicant himself;Mr F., a former judo player who was coached by the applicant from 1982 until 1987;Ms G., a gymnasium manager and former international judo player who was coached by the applicant from 1985 until 2001;Dr H., a Senior Lecturer in Psychology and a judo player and coach;Mrs J., a registered childminder and mother of Miss J., a junior judo player who was coached by the applicant from 2003 until 2005;Mr K., an operations manager and a judo referee and coach;Mr L., a student and an international judo player who was coached by the applicant from 1996 and who still regards the applicant as his coach;Mr M., a university student and an international judo player who was coached by the applicant from 1991 and who still regards the applicant as his coach; andMrs L., a massage therapist and student of psychotherapy and mother of Mr L.The Tribunal also received written evidence on behalf of the applicant from:Miss J., a judo player who is 13 years old and who was coached by the applicant from 2003 until 2005;Ms Lesley Ann Alexander, the Chief Executive of a national charity who is a former Chairman of the British Judo Association and the applicant's sister;Mr N., an Olympic medallist in judo and a judo instructor;Mrs O., the mother of two judo players who were coached by the applicant from December 2004 and who still attend the Judo club;Mr X., a judo player who was coached by the applicant from 1996;Mrs X., mother of Mr X;Mr Jan Nevill, a freelance photographer who took photographs of the applicant and members of his Judo club in May 2007;Ms JJ., a judo player and current member of the Judo club who was coached by the applicant in 1998;Mrs CC., the mother of a current member of the Judo club;Mr DD., a current member of the Judo club;Mrs EE., the mother of a current member of the Judo club and a Club Welfare Officer;Ms FF., a judo tournament director; andMs GG., a judo coach and the mother of former members of the Judo club.The Tribunal also read the documents submitted by the parties comprised in six binders, sub-divided into 19 sections and including correspondence; documents from the Social Services Departments of three local authorities; notes and transcripts of interviews with judo players and school pupils; responses to Social Services' questionnaires by school pupils and their parents; minutes of Social Services' strategy meetings; reports, correspondence and policy documents from the British Judo Association; various newspaper articles; a transcript of the applicant's interview by police officers; various certificates awarded to the applicant and other, miscellaneous documents. During the hearing the Tribunal received and read further documents produced by the parties including supplementary witness statements; the information in writing sent to the applicant by the Secretaries of State; responses to questionnaires sent out by the applicant to the officers and coaches of judo clubs throughout the country; printed copies of internet sites maintained by judo clubs, news organisations and others and copies of the records kept by the applicant of the results achieved by players from the Judo club in 1988, 1996 and 2003.Preliminary mattersOn 11 December 2007 the President made an order, pursuant to regulation 18(1) 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 any child, the applicant or any non-professional adult witness. That order applied until the conclusion of the hearing. The Tribunal decided to extend the order indefinitely in respect of any child or non-professional adult witness. The Tribunal was satisfied that such an order would be appropriate to safeguard the welfare of the persons concerned and to protect their private lives. The Tribunal further decided, in response to submissions by the representatives of both parties, not to extend the restricted reporting order in respect of the applicant himself.Also on 11 December 2007 the President made an order, at the request of the applicant and pursuant to regulation 19 of the Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002, that members of the press and members of the public be excluded from all of the hearing. The Tribunal amended that order to permit Ms V, the applicant's partner and the mother of his three younger children, to attend the hearing.At the hearing Mr Landau applied, on behalf of the applicant, to call Miss J to give oral evidence in person to the Tribunal. Miss J is a child, aged 13. In accordance with regulation 17 of the Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002, the Chairman gave the parties an opportunity to make representations. Having heard those representations and having considered all of the available evidence, the Chairman concluded that Miss J's welfare would probably be prejudiced by giving oral evidence in person. Accordingly, the Chairman directed that Miss J should not give oral evidence and that her evidence should be confined to the written statement made by her and submitted to the Tribunal on behalf of the applicant.FactsThe material facts found by the Tribunal were as follows:1. The applicant was born in 1958 and is now 50 years old. 2. In 1979 the applicant and his sister founded a Judo club in London. They provided instruction and coaching for judo players at all levels.3. In 1981 Mr D began attending sessions at the Judo club. He was coached by the applicant in a beginners' class. These classes were relaxed and ``fun''. Mr D was enthusiastic and showed an aptitude for the sport. He...

To continue reading

REQUEST YOUR TRIAL