Glasgow Labour councillor Fiona Higgins has won a landmark legal victory against an ethics watchdog after challenging a misconduct probe into comments she made about teacher cuts.
Background to the case
Higgins, a former teacher, faced the probe after publicly criticising Glasgow City Council proposals to cut hundreds of teaching posts. She claimed the public had been misled over the plans, prompting a complaint to the Standards Commission for Scotland by former council finance chief Martin Booth.
The complaint alleged her post was "disrespectful, discourteous and public criticism of a council officer".
Court challenge and ruling
With financial backing from millionaire businessman Paul McManus, Higgins launched a court challenge after the Commission refused to allow some of her evidence, which was dismissed as "irrelevant", to be heard in her defence. Her legal team then initiated judicial review proceedings, claiming she was being denied a fair hearing.
Higgins said at the time: "This evidence is central to explaining both my actions and the circumstances in which they took place." She added: "My position remains that I cannot receive a fair hearing if I am prevented from placing relevant evidence of this significance before the panel."
She also said: "It asks a critical question of Scottish democracy in 2026: Can elected representatives challenge power, present relevant evidence and still expect a fair hearing?"
Impact of the ruling
Following a hearing at the Court of Session earlier this month, Lord Sandison has upheld the judicial review brought by the councillor. Her supporters said the case was about protecting free speech.
