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Appeal against dismissal allowed due to procedural deficits.
Shoesmith was the director of Children's Services in the London Borough of Hackney, when 'Baby P' (as he became known in the media) was murdered by his parents. Investigations into the tragedy found that social workers in Shoesmith's department had failed in their duties to Baby P. A number of failings were noted.
The case hit the headlines, and there was considerable outrage expressed that the many injuries suffered by Baby P had not been noticed. A report by Ofsted had also been heavily critical of the way that Shoesmith's department was operating. The parents of Baby P were convicted in the criminal court. Shortly after this, Shoesmith was suspended on full contractual pay. There then followed a series of meetings and discussions, many of which were reported in the media. The Secretary of State directed that Shoesmith should be removed from her position as Director and she was duly dismissed. She appealed against the dismissal.
This case is complex due to the many different people and bodies involved. However, the key issue is that the dismissal was not procedurally correct. Due to the immediacy of the issues a full dismissal procedure was not followed, and Shoesmith was not allowed to put forward any defence to her dismissal. Hence, the Court of Appeal has allowed her appeal for a judicial review against the Secretary of State for Children, Schools and Families and London Borough of Hackney.
Comments for employers
This case has been one which has been in and out of the news over several months. Although many of the points are quite specific to the involvement of the Secretary of State in the dismissal, the case is an important reminder that a correct disciplinary procedure must always be followed. The immediacy of the situation and pressure from the media and public are no excuse.
