Eja v Children's Guardian

Eja has applied for administrative review of a decision made by the Children's Guardian which disqualified him from working with children. The Tribunal has affirmed the decision of the Guardian and dismissed Eja's application. Eja had been employed as a teacher, and his employer had submitted his name to the Children's Guardian for a working with children check. The Guardian found that Eja had been convicted of offences of indecent assault and had determined that these were disqualifying offences. Eja applied for internal review of this decision, which was also dismissed. Eja then applied for review by the Tribunal.

The key legal issue before the Tribunal was whether the disqualifying nature of the offences found by the Guardian was correctly determined. The Tribunal found that the Guardian's decision was lawful and was supported by the relevant statutory provisions. The Tribunal found that the offences were indeed disqualifying, and that Eja's application for review should be dismissed. The Tribunal found that the Guardian was entitled to consider Eja's convictions in determining whether he was suitable to work with children, and that this was a decision within the scope of the Guardian's statutory powers.

Eja's argument was that the Guardian had failed to take into account the nature of the offences and the circumstances in which they occurred. However, the Tribunal found that the Guardian had considered all relevant factors and had made a decision which was supported by the evidence. The Tribunal also found that the Guardian's decision was not irrational or Wednesbury unreasonable. The Tribunal concluded that the Guardian was entitled to disqualify Eja from working with children, and that the decision should be affirmed.