FAP case no.

Date lodged

Date finally determined

Parties

Issues

Notes/Final decision

 10/2020

 11/12/2020

 21/1/2021

Sidhu-Robb v Brass (Complaints Panel)

 Appeal against Complaints Panel decision revoking membership. Sufficiency of evidence; procedure followed (whether on expedited hearing the panel have an investigatory/inquisitorial role); sanction imposed.  

 Permission to appeal refused.  Panel was limited to making its decision on the evidence presented before it, which was reasonably capable of supporting the decision. Link to ruling

1/2021

7/1/2021

3/2/2021

Bray v FAP

Whether past FAP decisions may be re-opened.  Whether application against FAP alleging breach of natural justice could be made out of time.

Applications dismissed.  FAP decisions are ‘final and binding’ pursuant to article 22.7 of the Federal Party Constitution, so FAP may not re-open its final decisions on the merits.   Applicant not permitted to  proceed out of time. Link to ruling.

13 and 14/2020

14/12/2020

Andersson and Dudhill v Hunter (Complaints Panel)

Appeal by complainants against Complaints Panel decision.  Fresh evidence; leniency and relevance of sanction imposed.

The matter is pending.

7/2020

28/8/2020

28/4/2021

Smith v Appeals Panel for England & Others

Whether Appeals Panel for England erred in determining that it did not have jurisdiction to hear an appeal against deselection of a candidate for borough councillor; procedural propriety.

This matter is pending.

8/2020

22/7/2020

15/4/2021

Potter v Complaints Panel

Procedural propriety; whether the Complaints Panel erred in finding that a concession had been made.

Appeal discontinued.

11/2020

18/12/2020

BLAC Liberal Democrats v English Candidates Committee and English Council

Whether the respondents were misdirected or otherwise erred in adopting a set of selection arrangements.

The matter is pending.

6/2020

28/3/2020

Lock v Young (Complaints Panel)

Whether a Complaints Panel’s process was procedurally fair.

The matter is pending.

2/2019

14/10/2019

English Council Executive v Federal Board

Constitutionality of internal elections procedures.

The matter is pending.

15/2021

18/01/2021

5/3/2021

Walsh v Young (Complaints Panel) & Others

Scope of article 23 procedure; procedural propriety; whether it was fair to proceed in absence.

Appeal allowed.  Article 23 complaints procedures do not apply where the subject of a complaint was not a member at the time of the conduct complained of nor the at the time of the complaint.  It was unfair to proceed in absence where the Appellant had not been sent notice of the hearing.  Link to ruling.

16/2021

4/2/2021

5/3/2021

Paynter v Complaints Panel & Ors

Procedural propriety of the article 23 complaints handling process; findings of Complaints Panel; whether sanction imposed was manifestly excessive.

Permission to proceed refused.  Appeal did not disclose improprieties likely to have affected the eventual outcome; the panel clearly made findings supported by evidence and a sanctions decision within a reasonable range open to them.  Decision on publication of ruling is pending.

15/3/21

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Paynter v Complaints Panel (no.2)

Jurisdiction of FAP under article 22.3(b) in an appeal case where new points were not raised within the appeal time limit; procedural fairness of the disciplinary hearing; whether adequate notice of the case against the appellant was given; whether cross-examination required as a matter of fairness.

The matter is pending. Permission has been granted to proceed to a hearing on jurisdiction, and on questions as to fairness of the procedure at the hearing.

17/2021

3/3/2021

5/3/2021

Hayes v English Candidates Committee

Whether a member who had resigned whilst on an approved candidates list could be readmitted to the list upon re-joining without waiting for 12 months to be re-assessed; powers in English State Party to select candidates; prematurity; alternative remedies.

Permission to proceed was refused.  The application was premature as no application to be readmitted to the list had yet been made, no dispute had yet arisen, and there was an appeals process to exhaust before coming to the FAP.    Link to ruling.

8/3/2021

1/4/2021

Hayes v English Candidates Committee (no2)

Whether a member who had resigned whilst on an approved candidates’ list could be re-admitted to the list without waiting for 12 months to be re-assessed; jurisdiction of the FAP.

Application allowed following a hearing.  The English State Party rule in issue was disapplied for inconsistency with the Federal Party Constitution.  Observations made about jurisdiction of the FAP.  Link to ruling.

5/4/2021

Sims v Appeals Panel for England

Whether English Appeals Panel unfairly failed to notify the London Region Executive or acted within its powers under the relevant election rules when overturning the outcome of an election for London Regional Chair in an appeal against a decision of the returning officer.

Permission to proceed refused: FAP did not have jurisdiction.  Link to ruling

18/2021 (2)

5/4/2021

Glaze v Appeals Panel for England

Whether English Appeals Panel unfairly failed to allow participation of the applicant or acted within its powers under the relevant election rules when overturning the outcome of an election for London Regional Chair in an appeal against a decision of the returning officer.

Permission to proceed refused: FAP did not have jurisdiction.  Link to ruling.

21/2021

28/3/2021

Goodair v Complaints Panel

Appeal against Complaints Panel decision.  Fairness of opportunities to make representations; adequacy of reasoning for sanction imposed.

Permission to proceed granted; case is pending.

19/2021

29/3/2021

Sheller v Complaints Panel

Appeal against Complaints Panel expulsion decision dated 12 March 2021.  Alleged procedural impropriety; alleged unfairness in reception and supply of evidence; alleged misdirection as to the test; sufficiency of reasons; whether sanction excessive.

The decision is set aside. We accordingly allow the appeal. The matter is remitted back to the Lead Adjudicator.

22/3/2021

27/4/2021

Kumar v Regional Parties Committee

Challenge by complainant to English State Party disciplinary decisions clearing third parties.

Permission refused as FAP has no jurisdiction in legacy cases under the former complaints process run by State Parties.  Decision on publication of the ruling is pending.

31/5/2021

Hayes v Adjudicator

Challenge by complainant against an adjudicator’s decision to summarily dismiss
the complaint made.

Permission granted 22 July. Decision available here. 

19/06/2021

Hollinghurst v Adjudicator

Challenge by complainant against an adjudicator’s decision to summarily dismiss
the complaint made.

Permission granted 12 August. Decision available here.