Teaching Council Rule
'I cannot see any reason why, in these circumstances, a breach of the Rules, a failure by the Council to observe the Rules, which it has publicly proclaimed as the basis upon which it, a public body, will exercise the public powers conferred upon it by statute, should not in an otherwise appropriate case form the basis of an application for judicial review.' Per Munby J in Rutter, R (on the application of) v The General Teaching Council for England  EWHC 133 (Admin).
In that case a teacher sought judicial review to challenge the decision of his professional disciplinary body, the General Teaching Council for England (the Council), to issue a notice of investigation under its Disciplinary Procedure Rules. It had been alleged for the claimant that the Rules were not an instrument which might form the basis of a judicial review claim of the kind being pursued by the Claimant because they were not legislation and not intended to have the effect of legislation. They were made by the Council pursuant to the very broad and permissive powers conferred upon it by the Regulations.
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