Cases and decisions
|
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. |
| 16/2021(2) |
15/3/21 |
- |
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. |
| 17/2021 (2) |
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. |
| 18/2021 (1) |
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 defeated candidate 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. |
Permission granted to proceed on 14 April 2021. The matter is pending. |
|
| 22/2021 |
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. |
