If the Secretary of State had been strictly confined to the particulars he would have been in considerable difficulty in establishing the case.
His Lordship said: “Had I thought that, by reason of the particulars of complaint, Mrs. Byrd through her counsel had really been shut out from a proper consideration of her conduct, I would have taken a different view.” It was clear from section 72(2)(e) that, once the tribunal was hearing the matter, it had power to disqualify if satisfied that the person was not proper to be the proprietor of an independent school. The order was proper.
