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04 May 2018 / Nicholas Dobson
Issue: 7791 / Categories: Features , Employment
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Safeguarding matters

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Reilly v Sandwell: paying the price for the wrongfulness of non-disclosure. By Nicholas Dobson

  • A headteacher who failed to disclose to her employer her relationship with a convicted child sex offender was fairly dismissed.

A primary school headteacher who failed to inform her governing body of a non-sexual relationship with a convicted child sex offender was found to have been fairly dismissed. So decided the Supreme Court unanimously on 14 March 2018. The case in question was Reilly v Sandwell MBC [2018] UKSC 16, [2018] All ER (D) 82 (Mar) in which Lord Wilson gave the lead judgment. Lords Carnwath, Hughes and Hodge agreed and Lady Hale delivered a concurring decision.

A close friendship

Miss Reilly, the appellant (who prior to her dismissal had had an exemplary disciplinary record) had a close platonic friendship with a Mr Selwood. They bought a property in joint names as an investment and also set up a joint bank account out of which to pay the mortgage instalments. Although they did not live together, the appellant occasionally stayed at the property overnight. One such occasion was 24 February 2009,

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