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THE HIGHLAND COUNCIL

EDUCATION, CULTURE AND SPORT COMMITTEE

Minutes of a Special Meeting of the Education, Culture and Sport Committee held in the Council Chamber, Glenurquhart Road, Inverness on Friday 23 August 2002 at 11.00 a.m. and resumed in the Council Chamber, Dingwall on Friday 30 August 2002 at 9.00 a.m.

PRESENT

Mr A Anderson
Mr N M Clark
Mr T Jackson
Mr J W Oag
Mr W A Mowat
Mr A Rhind (23 August only)
Mrs M E Paterson (23 August only)		 Mr A M M Beaton
Mrs I Campbell
Mr R Balfour
Mr A J Dick
Mr J Gray
Mrs L MacDonald
Mr G M Bruce (23 August only)
Officials in attendance:

Mr A Dodds, Director of Corporate Services
Mr M McRae, Head of Legal Services
Mr J Allison, Principal Administrator, Corporate Services
Mrs M Moffatt, Committee Administrator, Corporate Services

Mr A Anderson in the Chair

BUSINESS

1.

APOLOGIES FOR ABSENCE

Apologies for absence were intimated on behalf of Mr R Saxon, Mr D R Green, Mr R W Durham, Mr A M Millar, Mr P Corbett, Mrs M C Davidson, Mrs J N Home, Mr J N Matheson, Mrs S Slimon, Mr G MacFarlane, Rev A Glass and Rev C Macleod. Apologies were intimated in addition on behalf of Mr A Rhind, Mrs M E Paterson and Mr G M Bruce for the resumed meeting on 30 August 2002.

2.

EXCLUSION OF THE PUBLIC

The Committee RESOLVED that under Section 50A(4) of the Local Government (Scotland) Act 1973 the public be excluded from the meeting for discussion of the following item on the grounds that it involved the likely disclosure of exempt information as defined in Paragraph 1 of Part 1 of Schedule 7A of the Act.

3.

DISMISSAL OF TEACHER

The Committee was asked to consider a recommendation by the Director of Education, Culture and Sport for the dismissal of a member of the teaching staff. There were circulated to Members only:-

(i) Report No. ECS60/02 by the Director of Corporate Services which briefed Members on the background to the meeting and the decisions which were open to them to take;

(ii) Report No. ECS61/02 by the Director of Education, Culture and Sport which set out the background to the case, explained the reasons for the case coming before the Committee at this time, outlined the evidence that had been considered at an earlier disciplinary hearing and the assessment which had led to the recommendation for dismissal being put before the Committee in accordance with the Council’s disciplinary procedures for teaching staff;

(iii) Letter from Solicitors acting on behalf of the teacher concerned, enclosing Outline Submissions providing a general indication of what might be argued on her behalf and reserving the right to add to the Submissions should that be necessary; and

(iv) Note of the procedure to be followed at the meeting.

Following a preliminary discussion during which the procedures to be followed were agreed, the Chairman welcomed to the meeting the Authority’s representatives, Mr B Robertson, Director of Education, Culture and Sport, Mr D Ogg, Q.C., Miss L Johnstone, Principal Solicitor, the Highland Council, and Mr J G Findlay, former Head of Service, Education, Culture and Sport Service, and the teacher, together with her representatives, Mr C Shead, Advocate, and Mrs F Campbell, Solicitor.

In accordance with the procedures for the meeting, Mr D Ogg put the case on behalf of the Authority, reserving the right to lead witnesses at a later stage if new evidence were introduced which he wished to rebut. The teacher’s representative, Mr C Shead, the Committee and the Committee’s Advisers then had the opportunity to ask questions.

Mr C Shead then put the case on behalf of the teacher concerned and Mr Ogg, the Committee and the Committee’s Advisers had the opportunity to ask questions.

Mr Ogg raised an objection at this stage in relation to the presentation of new evidence and, following an adjournment, during which the Chairman and Vice Chairman of the Committee and the Committee’s Advisers discussed and agreed procedural matters with the Authority’s and the teacher’s representatives, the Committee AGREED to adjourn the meeting and resume in Dingwall on 30 August 2002.

This stage of the meeting ended at 3.45 p.m.

The meeting resumed in the Council Chamber, Dingwall on 30 August 2002 at 9.00a.m.

Those present were as for the earlier stage of the meeting on 23 August, with the exception that Mr A Rhind, Mrs M E Paterson and Mr G M Bruce had tendered their apologies.

There had been circulated prior to the meeting papers submitted by the Solicitors representing the teacher and it was also agreed that additional papers from the Authority’s and the teacher’s representatives be tabled at the meeting.

The Authority’s and the teacher’s representatives joined the meeting and Mr C Shead called witnesses from whom he led evidence on behalf of the teacher concerned, following which the Authority’s representative, the Committee and the Committee’s Advisers had the opportunity to ask questions.

The Authority’s representative also called witnesses and led evidence from each, following which the teacher’s representative, the Committee and the Committee’s Advisers had the opportunity to ask questions.

The Authority’s and the teacher’s representatives then summed up their respective cases and both parties withdrew to allow the Committee to deliberate in private.

After a full discussion, having considered all the evidence presented, and the submissions made on behalf of the Director and the teacher, the Committee found by a majority the case for gross misconduct to be established and RESOLVED that the teacher be dismissed.

The representatives of both Sides then rejoined the meeting and were advised of the Committee’s decision.

The meeting ended at 3.35 p.m.