Cheshire County Council refused to issue a driver's badge to Mr Farrell which would allow him to drive buses either owned or contracted to Cheshire County Council. He had previously worked for the Council but had been suspended in 2002. While working he had been issued with the appropriate "Cheshire badge" (which is granted after vetting of a driver has been completed, the reason being that drivers work with children on behalf of the council). His suspension had been lifted but in November 2003 he resigned from his employment with the Council on health grounds.