Dimmock V Secretary of State For Education and Skills - The Court Case

The Court Case

The film's distribution was also opposed by Christopher Monckton, 3rd Viscount Monckton of Brenchley, a prominent British sceptic of the theory of anthropogenic global warming. According to Monckton, he "identified three dozen scientific errors in it" and prompted an unnamed wealthy friend "to do something to fight back against this tide of unscientific freedom-destroying nonsense". Funding for litigation was provided by the friend, and when the government "didn't reply satisfactorily", Monckton and his colleagues served papers on the government. The case was brought in May 2007 in the name of Stewart Dimmock, a truck driver and governor at a school in Dover, Kent, who was also a member of the same small political party for which Monckton had written a manifesto. In papers lodged at the High Court in London, the plaintiffs argued that showing the film would violate section 406(1)(b) of the Education Act 1996. The Act requires that local education authorities, school governing bodies and head teachers "shall forbid... the promotion of partisan political views in the teaching of any subject in the school". Alternatively, the plaintiffs submitted, showing the film was unlawful because it did not provide "a balanced presentation of opposing views" as required by section 407. Dimmock petitioned the court to enjoin the Government from showing An Inconvenient Truth in English schools. Although he did not publicly explain his motivation, he was reported to feel "very strongly that this is an attempt to brainwash children with flawed science." The behind-the-scenes role of Monckton and the other global warming sceptics was disclosed much later, in an interview given by Monckton to the conservative American talk show host Glenn Beck in March 2008.

The initial written application to challenge the Government was refused in July 2007. On 27 September 2007, however, permission was granted at an oral hearing with a three-day judicial review before Justice Michael Burton following immediately thereafter.

Dimmock's counsel asserted that the film was "partisan, aimed at influencing rather than informing, and lacked balance", and that it contained "serious scientific inaccuracies, political propaganda and sentimental mush." The court was told that Dimmock had been widely supported by "ots of parents have written to him supporting his application. They do not want our children brainwashed in this way by the New Labour Thought Police."

In response, the Government's counsel said that the guidance notes that accompanied the DVD of An Inconvenient Truth meant that the overall package was politically balanced. Teachers could present the film in any way they wished but could provide balance by explaining to pupils that some of Gore's views were political and asking them for their views. The Government offered to modify the guidance notes to meet specific scientific concerns. On the last day of the hearing, 2 October, the judge announced that he would be saying in his formal written judgment that the film did promote "partisan political views" and teachers would have to inform pupils that there were other opinions on global warming and they should not necessarily accept the views of the film. However, he stated that "I will be declaring that, with the guidance as now amended, it will not be unlawful for the film to be shown."