Miss Nicola Furney

The Secretary of State does not make these decisions themselves. They are made by a senior official on the recommendation of an independent panel.

Teacher's name: Miss Nicola Furney

Teacher reference number: 0448148

Teacher's date of birth: 16 September 1983

Location teacher worked: Morecambe, North West England.

Date of professional conduct panel: 17 July 2023

Outcome type: prohibition order

Notice is hereby given that, in accordance with The Teacher's’ Disciplinary (England) Regulations 2012, a professional conduct panel was convened to consider the case of Miss Nicola Furney, formerly employed in Morecambe, North West England.

Nicola Furney: Professional conduct panel meeting outcome Panel decision and reasons on behalf of the Secretary of State for Education July 2023 2 Contents Introduction 3 Allegations 4 Preliminary applications 4 Summary of evidence 4 Documents 4 Statement of agreed facts 5 Decision and reasons 5 Findings of fact 5 Panel’s recommendation to the Secretary of State 8 Decision and reasons on behalf of the Secretary of State 11 3 Professional conduct panel decision and recommendations, and decision on behalf of the Secretary of State Teacher: Miss Nicola Furney Teacher ref number: 448148 Teacher date of birth: 16 September 1983 TRA reference: 0020122 Date of determination: 17 July 2023 Former employer: Bay Leadership Academy Introduction A professional conduct panel (“the panel”) of the Teaching Regulation Agency (“the TRA”) convened virtually via Microsoft Teams on 17 July 2023, to consider the case of Miss Nicola Furney. The panel members were Mr Alan Wells (former teacher panellist – in the chair), Mrs Bev Williams (teacher panellist), and Mr Peter Ward (lay panellist). The legal adviser to the panel was Ms Patricia D’Souza of Blake Morgan LLP, solicitors. In advance of the meeting, after taking into consideration the public interest and the interests of justice, the TRA agreed to a request from Miss Furney that the allegations be considered without a hearing. Miss Furney provided a signed statement of agreed facts and admitted conviction of a relevant offence. The panel considered the case at a meeting without the attendance of the presenting officer Louise Ravenscroft. The meeting took place in private. 4 Allegations The panel considered the allegations set out in the notice of meeting dated 31 May 2023. It was alleged that Miss Furney was guilty of having been convicted of a relevant offence, in that: She was convicted and sentenced on 8 July 2021 at Preston Crown Court of the following relevant offence(s): 1. One or more counts of sexual activity with a female 13-17 offender does not believe victim is over 18 – adult abuse of position of trust on 26/10/2012 – 25/10/2014; 2. One count of engaging in sexual communication with a child on 26/10/2012 – 25/10/2014 Miss Furney has admitted the factual particulars of the above allegations in the Statement of Agreed Facts. She also admits that she has been convicted of a relevant offence. Preliminary applications There were no preliminary applications. Summary of evidence Documents In advance of the meeting, the panel received a bundle of documents which included: Section 1: Chronology and list of key people– pages 1 to 2 Section 2: Notice of referral and Notice of Meeting – pages 3 to 26 Section 3: Statement of Agreed Facts and Presenting Officer representations – pages 27 to 31 Section 4: Teaching Regulation Agency documents – pages 32 to 92 Section 5: Teacher documents – pages 93 to 94 The panel members confirmed that they had read all of the doc uments within the bundle, in advance of the meeting admitted by the panel. 5 Statement of agreed facts The panel considered a Statement of Agreed Facts which was signed by Miss Furney on 20 March 2023. Decision and reasons The panel’s decision and reasons are as follows: The panel carefully considered the case and reached a decision. In advance of the meeting, the TRA agreed to a request from Miss Furney for the allegations to be considered without a hearing. The panel had the ability to direct that the case be considered at a hearing if required in the interests of justice or in the public interest. The panel did not determine that such a direction was necessary or appropriate in this case. The panel proceeded to consider the case carefully, having read all of the documents, and reached a decision. It accepted the legal advice provided. Miss Furney was employed as Head of Year and a part-time teacher at the Bay Leadership Academy ("the School"). She held that position from 1 September 2007 until 22 June 2021. On 26 August 2020 the School was informed by the local authority designated officer that a complaint had been made to the police by a former pupil of the School that Miss Furney had undertaken sexual activity with the pupil on or around 2012. In January 2021, the Crown Prosecution Service authorised criminal charges to be brought against Miss Furney. On 8 July 2021, Miss Furney was sentenced at Preston Crown Court to a period of imprisonment for 21 weeks and she was made subject to a sexual harm prevention order for 7 years. She was dismissed by the School on 22 June 2021 for gross misconduct. Findings of fact The findings of fact are as follows: The panel found the following particulars of the allegations against you proved, for these reasons: You were convicted and sentenced on 8 July 2021 at Preston Crown Court of the following relevant offence(s): 1. One or more counts of sexual activity with a female 13-17 offender does not believe victim is over 18 – adult abuse of position of trust on 26/10/2012 – 25/10/2014; 6 2. One count of engaging in sexual communication with a child on 26/10/2012 – 25/10/2014 The above worded allegations, including the date range, were admitted by Miss Furney in the Notice of Referral form she completed on 24 February 2023. The panel noted that there was no certificate or memorandum of conviction in the bundle. In the Statement of Agreed Facts, dated 20 March 2023, Miss Furney admitted that on 23 April 2021 she pleaded guilty to two counts of engaging in sexual activity with a female child, under the age of 18 years old and one count of engaging in sexual communication with a child. The panel noted from emails from the police to the School that Miss Furney disputed that the conduct she pleaded guilty to before the criminal courts occurred in 2012. She considered it occurred in 2013. Miss Furney also confirmed that her unlawful conduct took place from December 2013 onwards as reflected in the minutes of the School's disciplinary hearing on 18 June 2021. The disciplinary outcome letter of the School to Miss Furney indicated that Miss Furney explained to the School the discr epancy in the starting date of her unlawful conduct was because the first offence for which she was charged, was not admitted by her. On the balance of probabilities, the panel determined that allegations 1 and 2 were proven. Miss Furney did not dispute the date range of the allegations in either the Notice of Referral Form or Statement of Agreed Facts which she signed as part of these proceedings. The panel considered her unlawful conduct, based on her admissions in these proceedings, was more likely than not to have occurred on or around 26 October 2012 and 25 October 2014. The panel determined it was more likely than not that Miss Furney was convicted and sentenced on 8 July 2021 at Preston Crown Court. Allegations 1 and 2 were therefore found proved. Findings as to conviction of a relevant offence Having found allegations 1 and 2 proved, the panel went on to consider whether the facts of those proved allegations amounted to convictions of a relevant offence. In doing so, the panel had regard to the document Teacher Misconduct: The Prohibition of Teachers, which is referred to as “the Advice”. The panel was satisfied that the conduct of Miss Furney in relation to the facts it found proved involved breaches of the Teachers’ Standards. The panel considered that by reference to Part 2, Miss Furney was in breach of the following standards:  Teachers uphold public trust in the profession and maintain high standards of ethics and behaviour, within and outside school, by 7 o Treating pupils with dignity, building relationships rooted in mutual respect, and at all times observing proper boundaries appropriate to a teacher’s professional position o having regard for the need to safeguard pupils’ well-being, in accordance with statutory provisions o showing tolerance of and respect for the rights of others  Teachers must have proper and professional regard for the ethos, policies and practices of the school in which they teach, and maintain high standards in their own attendance and punctuality.  Teachers must have an understanding of, and always act within, the statutory frameworks which set out their professional duties and responsibilities. The panel noted that the behaviour involved in committing the offence had an impact on the safety or security of pupil s, given the pupil, subject to Miss Furney's sexual activity or sexual communications, was likely harmed by her conduct. In particular, the panel noted that the nature of the charges clearly indicates that Miss Furney has failed to observe proper boundaries appropriate to a teacher 's professional position and she has failed to have regard for the need to safeguard pupils’ well-being. These are clear breaches of the Teachers’ Standards and the School's safeguarding policy. The panel also noted that Miss Furney undertook a pastoral role at the time. The panel also took account of the way the teaching profession is viewed by others. The panel considered that Miss Furney's behaviour in committing the offence could affect public confidence in the teaching profession, given the influence that teachers may have on pupils, parents and others in the community. The panel noted that Miss Furney's behaviour ultimately led to a sentence of imprisonment, which was indicative of the seriousness of the offences committed. This was a case involving an offence of sexual activity and sexual communication with a child, which the Advice states is likely to be considered a relevant offence. There was little evidence before the panel which related to mitigating circumstances, or character statements attesting to Miss Furney's exemplary record as a teacher. However, the panel noted that Miss Furne