Teacher claims evidence unlawfully obtained by former partner not admissible at fitness-to-practise hearing

A teacher has brought High Court proceedings seeking to prevent evidence obtained by her former partner from being used at an inquiry into her fitness to teach. The teacher, who cannot be identified due to court orders, said the evidence deemed admissible by a Teaching Council disciplinary committee panel was unlawfully garnered from her Snapchat social media account without her permission or consent.

The woman is the subject of an ongoing inquiry into her fitness to practise after allegations were raised about her relationship with a former student, including alleged social media communications between her and the student.

The contact is alleged to have occurred prior to, and after, the student completed his Leaving Certificate exams. She denies the allegations, and is working at another school which is not aware of the claims.

The allegations against her led to her leaving her employment at a particular school but she said she was never the subject of an application from the Teaching Council for an order suspending her registration on the grounds that it was in the public interest. She said she has suffered “significant stress” in dealing with the inquiry, which has negatively affected her wellbeing.

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The screenshot evidence is alleged to have been procured unlawfully by the woman’s former partner. She claims this was a breach of her rights under the Constitution and the European Convention on Human Rights.

The director had no legal basis for receiving the material and it was irrational and/or unreasonable for the committee panel to admit it into evidence, she alleged. If, in the alternative, the panel had the discretion to admit the evidence, it exercised its discretion in an unlawful manner, the teacher claimed.

The woman’s counsel, Eileen Barrington SC, said the panel applied the wrong legal test in allowing the evidence to be admitted. Alternatively, it applied the right test in an incorrect way, the court heard.

Mr Justice Charles Meenan made an order on Monday permitting the teacher to pursue her challenge.

She is asking the court to quash the decision, made in June of this year, to permit the use of the evidence at the fitness-to-practise inquiry, which is being held under part 5 of the Teaching Council Act, 2001.

She has also asked for an injunction restraining the use of the evidence for any purpose, including during the inquiry, which she has asked the court to pause while this matter is under judicial review. Alternatively, she wants the question of admissibility to be reconsidered by the panel.

Her case is against the panel of the disciplinary committee of the Teaching Council and the director of the Teaching Council.