Government applies to Supreme Court for permission to appeal Shoesmith ruling

The government has confirmed that it has applied to the Supreme Court for permission to appeal against the Court of Appeal’s recent judgment that the sacking of Sharon Shoesmith was unlawful.

The former Director of Children’s Services at Haringey won her case at the Court of Appeal last month. The judges ruled that the dismissal was unlawful because Shoesmith had not been given the opportunity to put her case before being sacked.

“We were unanimously of the view that Haringey’s procedures were tainted by unfairness,” they concluded.

Shoesmith was replaced in December 2008 after an Ofsted report on the failure of the children’s services department at Haringey to protect Baby Peter, who died after sustaining more than 50 injuries.

A spokesman for the Department for Education said: "The Government thinks that it was right in principle for Sharon Shoesmith to be removed from her post as Director of Children’s Services.

“The High Court thought that the decision was taken in a fair way. The Court of Appeal said [on Friday 27 May] that they thought it was not sufficiently fair, and was therefore unlawful.

“There are questions of constitutional importance involved in this case, beyond the specific question about whether Ed Balls should have had a further meeting with Sharon Shoesmith before removing her. We have now filed an application for permission to appeal to the Supreme Court."

Philip Hoult