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27 May 2011
Last updated at 06:35 ET
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Sharon Shoesmith: "Making a public sacrifice of an individual will not prevent further tragedies"
An ex-children's services director says she is "thrilled" to have won a Court of Appeal battle over her sacking after Baby Peter's death in 2007.
Judges allowed Sharon Shoesmith's challenge against a High Court ruling that cleared former children's secretary Ed Balls and Haringey Council of acting unlawfully.
The education department said it planned to appeal to the Supreme Court.
Baby Peter Connelly was found dead in August 2007 with more than 50 injuries.
Ms Shoesmith's appeal against watchdog Ofsted was dismissed.
Ofsted said its report on Ms Shoesmith's department, which identified "insufficient strategic leadership and management oversight", had been vindicated.
Baby Peter Connelly was found dead in August 2007 with more than 50 injuries and the subsequent Ofsted report exposed failings in Ms Shoesmith's department.
In December 2008, she was sacked, bringing her 35-year career to an abrupt end.
Ms Shoesmith first heard of her dismissal when then children's secretary Ed Balls announced she would be removed from her post with immediate effect in a live press conference on television.
Continue reading the main story “Start Quote
She said after the hearing: "I'm over the moon. Absolutely thrilled.
"I am very relieved to have won my appeal and for recognition I was treated unfairly and unlawfully."
She said the sorrow of Peter's death would "stay with me for the rest of my life".
"But as the judges have said, making a 'public sacrifice' of an individual will not prevent further tragedies," she added.
Ms Shoesmith had asked Lord Neuberger, Master of the Rolls, sitting with Lord Justice Maurice Kay and Lord Justice Stanley Burnton, to rule that her sacking without compensation was so legally flawed as to be null and void.
Her lawyers had argued that she was the victim of "a flagrant breach of natural justice" after she lost her £133,000-a-year post amid a media storm.
Ms Shoesmith also argued she was entitled to her full salary and pension from Haringey up to the present day.
'Tainted by unfairness'
In court, James Eadie QC, appearing for the government, defended Mr Balls, saying urgent action had to be taken following the "ghastly findings" of the Ofsted report.
But the judges allowed Ms Shoesmith's appeal against the former children's secretary because "the secretary of state did not afford Ms Shoesmith the opportunity to put her case".
In the case of Haringey, the judges said: "We were unanimously of the view that Haringey's procedures were tainted by unfairness."
Lawyers for Ms Shoesmith said the ruling meant she could now launch appeals against Ed Balls and Haringey Council.
The BBC's education correspondent Reeta Chakrabarti said the Court of Appeal had indicated there was no question of Ms Shoesmith returning to her position at Haringey Council.
The matter of compensation or lost earnings would need to be considered by another court, she added.
Earlier, the court heard Ms Shoesmith had not been able to find work since she was sacked, had experienced suicidal thoughts and continued to be vilified by the press.
Outside court, she said: "I would love to go back to work (in Haringey) but that's not possible but I hope to carry on with my career with children in some capacity."
An Ofsted spokeswoman said: "The original judicial review judgment in our favour has been upheld in every aspect on appeal.
"Ofsted carried out a robust inspection and came to a sound conclusion based on evidence.
"On any view, our inspection report was extremely critical and there has been no challenge to the finding that services for children in Haringey were inadequate."
Seventeen-month-old Baby P, subsequently named as Peter Connelly, was found to have suffered fractured ribs and a broken back after months of abuse at home. His mother, her partner and a lodger were all jailed for causing or allowing his death.
Peter had been seen by health and social services professionals from Haringey council 60 times in the eight months before he died.
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Please turn on JavaScript. Media requires JavaScript to play.Sharon Shoesmith: "Making a public sacrifice of an individual will not prevent further tragedies"
An ex-children's services director says she is "thrilled" to have won a Court of Appeal battle over her sacking after Baby Peter's death in 2007.
Judges allowed Sharon Shoesmith's challenge against a High Court ruling that cleared former children's secretary Ed Balls and Haringey Council of acting unlawfully.
The education department said it planned to appeal to the Supreme Court.
Baby Peter Connelly was found dead in August 2007 with more than 50 injuries.
Ms Shoesmith's appeal against watchdog Ofsted was dismissed.
Ofsted said its report on Ms Shoesmith's department, which identified "insufficient strategic leadership and management oversight", had been vindicated.
Baby Peter Connelly was found dead in August 2007 with more than 50 injuries and the subsequent Ofsted report exposed failings in Ms Shoesmith's department.
In December 2008, she was sacked, bringing her 35-year career to an abrupt end.
Ms Shoesmith first heard of her dismissal when then children's secretary Ed Balls announced she would be removed from her post with immediate effect in a live press conference on television.
Continue reading the main story “Start Quote
I would love to go back to work (in Haringey) but that's not possible but I hope to carry on with my career with children in some capacity”
End Quote
Sharon Shoesmith
She said after the hearing: "I'm over the moon. Absolutely thrilled.
"I am very relieved to have won my appeal and for recognition I was treated unfairly and unlawfully."
She said the sorrow of Peter's death would "stay with me for the rest of my life".
"But as the judges have said, making a 'public sacrifice' of an individual will not prevent further tragedies," she added.
Ms Shoesmith had asked Lord Neuberger, Master of the Rolls, sitting with Lord Justice Maurice Kay and Lord Justice Stanley Burnton, to rule that her sacking without compensation was so legally flawed as to be null and void.
Her lawyers had argued that she was the victim of "a flagrant breach of natural justice" after she lost her £133,000-a-year post amid a media storm.
Ms Shoesmith also argued she was entitled to her full salary and pension from Haringey up to the present day.
'Tainted by unfairness'
In court, James Eadie QC, appearing for the government, defended Mr Balls, saying urgent action had to be taken following the "ghastly findings" of the Ofsted report.
But the judges allowed Ms Shoesmith's appeal against the former children's secretary because "the secretary of state did not afford Ms Shoesmith the opportunity to put her case".
In the case of Haringey, the judges said: "We were unanimously of the view that Haringey's procedures were tainted by unfairness."
Lawyers for Ms Shoesmith said the ruling meant she could now launch appeals against Ed Balls and Haringey Council.
The BBC's education correspondent Reeta Chakrabarti said the Court of Appeal had indicated there was no question of Ms Shoesmith returning to her position at Haringey Council.
The matter of compensation or lost earnings would need to be considered by another court, she added.
Earlier, the court heard Ms Shoesmith had not been able to find work since she was sacked, had experienced suicidal thoughts and continued to be vilified by the press.
Outside court, she said: "I would love to go back to work (in Haringey) but that's not possible but I hope to carry on with my career with children in some capacity."
An Ofsted spokeswoman said: "The original judicial review judgment in our favour has been upheld in every aspect on appeal.
"Ofsted carried out a robust inspection and came to a sound conclusion based on evidence.
"On any view, our inspection report was extremely critical and there has been no challenge to the finding that services for children in Haringey were inadequate."
Seventeen-month-old Baby P, subsequently named as Peter Connelly, was found to have suffered fractured ribs and a broken back after months of abuse at home. His mother, her partner and a lodger were all jailed for causing or allowing his death.
Peter had been seen by health and social services professionals from Haringey council 60 times in the eight months before he died.
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