Article 6

Right to a fair hearing: Everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law

This right is about a fair and public hearing and due process. In certain situations, not only in criminal cases, but also in processes which determine civil rights (such as employment, property disputes, and benefits claims etc), the right to a fair trial will apply.

This might require support for an individual subject to a decision making process to ensure adequate time and facilities to present their case; ensuring a fair process in disciplinary proceedings, especially if an individual may lose their livelihood, for example fitness to practice hearings by the General Teaching Council or British Medical Association; having an opportunity to be heard or participate at some stage in the decision making or adversarial process; having a right of appeal to an independent body; having a right to a reasoned decision.

What this means for local authorities

Officials who are involved with decision-making procedures, for example in planning or child-care or those who award permits or licences, must ensure that their procedures meet these requirements. This may require appeals to be in place, and that the appeal process is clear and easy to understand, that appellants are given adequate time and facilities to prepare, access to interpreter if necessary and are entitled to reasons for the decision.

Case law examples

• In Darnell v UK, the European Commission on Human Rights confirmed that a lapse of nine years between the claimant’s dismissal and the determination of his rights by the Employment Appeal Tribunal was not a reasonable time and therefore a breach of Article 6.

• In Governors of X School, the Supreme Court decided that, in the case of a teaching assistant who was accused of sexual assault, the refusal of his request for legal representation at the disciplinary hearing did not breach his right to a fair trial. While there was no automatic right to legal representation in the disciplinary hearing, an employee would be entitled to legal representation only where the outcome of the disciplinary hearing might have a significant influence on the decision of any panel subsequently determining fitness to practice.

• In Tehrani v UK Central Council for Nursing, Midwifery and Health Visiting the Court of Session held that the Article 6 requirements do apply where there are disciplinary proceedings which determine a right to practice a profession and here could result in removal of the claimant’s name from the register of nurses. This meant that the claimant was entitled to a hearing before an independent and impartial tribunal. However, Article 6 requirements will be fulfilled where there is a statutory right to appeal to a court of law.