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A zero sum game?

The number of SEND tribunal cases is rising and the proportion of appeals ‘lost’ by local authorities is at a record high. Lottie Winson talks to education lawyers to understand the reasons why, and sets out the results of Local Government Lawyer’s exclusive survey.

Ex-headteacher fails in appeal over order to repay council £1m+ in unlawful bonuses

The Court of Appeal has refused a former head teacher permission to appeal a ruling that he should repay the London Borough of Brent close to £1.4m received in unlawful bonuses.

In August last year a High Court judge, Mr Justice Zacaroli concluded in Brent London Borough Council v Davies & Ors [2018] EWHC 2214 (Ch) that Alan Davies breached his fiduciary duty when he was head at Copland Community School in Wembley and was overpaid by £950,000 over a six-year period..

Three other members of staff were also found liable to account to the council on the basis of knowing receipt of funds paid in breach of fiduciary duty. Two ex-governors were meanwhile liable to account to Brent by reason of their breaches of fiduciary duty, Mr Justice Zacaroli also found.

The judge did however reject the council’s claim of an unlawful means conspiracy.

The overpayments consisted of payments over and above staff members’ basic salaries, which were purportedly justified as bonus payments or payments for additional responsibilities undertaken by them.

Davies was stripped of his knighthood after pleading guilty to six charges of false accounting in October 2013.

Cllr Margaret McLennan, Deputy Leader of Brent Council, said: “I’m pleased that the Court of Appeal has refused Alan Davies the chance to appeal the High Court ruling that he received vast sums in unlawful bonuses and must pay back nearly £1.4m.

“Davies fiddled the system to pay himself outrageous bonuses, including £400,000 in one year.

“He now needs to pay back every penny he stole from the education of local school children and I am grateful to everyone who helped bring this disgraced former headteacher to justice.”