“…The fact that the requirements of procedural fairness are variable and case specific also appears from R(Shoesmith) v Ofsted [2011] EWCA Civ 642; [2011] ICR 1195 (“Shoesmith”) at paragraph 34. In Shoesmith the Court of Appeal considered a joint area review carried out by Ofsted within a limited timeframe following the d…”
“… (see para. 39 of the judgment of the Board delivered by Lord Brown). A more recent authority to the same effect is R (Shoesmith) v Ofsted [2011] EWCA Civ 642, [2011] ICR 1195: see per Maurice Kay LJ at paras. 69-74 (pp. 1215-7), who emphasises at para. 70 that the test is one of inevitability and that “probability is not enough”.…”