Court grants teacher leave to challenge TSC disclosure refusual

News Jada Loutoo 13 Hrs Ago

Justice Frank Seepersad -

A Technical Vocational teacher has been granted leave by the High Court to pursue judicial review proceedings against the Teaching Service Commission (TSC) over its refusal to disclose documents under the Freedom of Information Act.

Justice Frank Seepersad permitted Adriel Cruickshank to pursue his claim for several orders, including one to quash the TSC’s July 28 decision denying access to specific documents related to a disciplinary investigation. The documents, requested in a March 19 freedom of information (FOI) application, include the investigating officer’s report, findings, recommendations, statements, and related correspondence.

Cruickshank, a Teacher I assigned to Marabella North Secondary School, alleges the TSC’s refusal breaches his statutory and constitutional rights under sections 4(d) and 5(2)(h) of the Constitution, which guarantee equality of treatment and protection of the law. His application argued that access to the report was crucial to mounting a proper defence in pending disciplinary proceedings.

"The investigating officer’s report is essential to mounting a proper defence in the applicant's case. To date that pivotal document has not been provided by either the tribunal or case presenter and the Teaching Service Commission’s refusal decision in its letter dated July 28th, 2025 is a brazen attempt to deny the applicant justice."

The claim further seeks a declaration that the TSC acted illegally and unreasonably by failing to comply with sections 14, 15, and 23 of the FOI Act, which mandate prompt responses and reasons for denial. An order of mandamus is also sought to compel the commission to provide the withheld documents within seven days.

The claim referred to previous High Court rulings where similar reports were eventually disclosed after judicial intervention, and Cruickshank’s attorney Ricky Pandohee contends that the TSC’s conduct amounts to an abuse of power and a denial of justice.

"It appears that the only time that the Teaching Service Commission is moved to disclose the investigating officer’s report is when proceedings are filed in the High Court of Justice."

Cruickshank has also asked the court to stay the disciplinary tribunal hearings until the judicial review is resolved.

The matter is set for a case management conference on December 10.