Jurisdiction(s):
United Kingdom

Teacher prohibition appeals: High Court (England and Wales) confirms review not rehearing; deference to regulator; criminal convictions not revisited; proportionality and insight central (Daniah v Secretary of State for Education)

Published on: 23 December 2025

Published by a LexisNexis Local Government expert

Legal News

Article summary

Daniah and another v The Secretary of State for Education [2025] EWHC 2810 (Admin)

What are the practical implications of this case?

The ruling, building on earlier authorities concerning the court’s jurisdiction over appeals against orders barring teachers from teaching, clarifies that an appeal is ordinarily determined by way of review rather than as a re-hearing. There are exceptions to that approach, for instance where the interests of justice demand a re-hearing, yet the court sets out why the default position applies, emphasising the specialist competence of regulatory and disciplinary tribunals. Notably, this judgment addresses the constraints facing the court on an appeal from disciplinary bodies where prior criminal proceedings resulted in the appellant’s conviction. Save in truly exceptional circumstances, the criminal court’s factual determinations are not open to being reopened. Consequently, the appellant’s ability to contest the factual foundation underpinning the disciplinary outcome is sharply curtailed. In short, appeals proceed by review, acknowledging regulatory expertise, not as fresh hearings; and if a conviction predates the disciplinary decision, challenges to the factual platform for that decision will almost always be foreclosed in practice...

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