Unknown Teacher

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

Teacher reference number:

3638625

Teacher's date of birth:

27 April 1982

Date of professional conduct panel:

29 March 2018

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 Rupinder Bains, of Ealing, West London.

The proceedings were held at 53 to 55 Butts Road, Earlsdon Park, Coventry CV1 3BH at 9.30am on 29 March 2018.

Teacher misconduct

Ground Floor, South

Cheylesmore House

5 Quinton RoadCoventryCV1 2WT

Email TRA.Casework@education.gov.uk

Telephone 020 7593 5393

Information about regulating the teaching profession and the process for dealing with serious teacher misconduct.

Ms Rupinder Bains: Professional conduct panel meeting outcome Panel decision and reasons on behalf of the Secretary of State for Education March 2018 2 Contents A. Introduction 3 B. Allegations 4 C. Summary of evidence 4 Documents 4 Statement of agreed facts 5 D. Decision and reasons 5 E. Panel's recommendation to the Secretary of State 9 F. Decision and reasons on behalf of the Secretary of State 12 3 Professional conduct panel decision Teacher: Ms Rupinder Bains Teacher ref number: 3638625 Teacher date of birth: 27 April 1982 TRA case reference: 16395 Date of determination: 29 March 2018 Former employer: Redbridge Community School, Southampton A. Introduction From 1 April 2018 the National College for Teaching and Leadership (NCTL) has been re-purposed to form the Teaching Regulation Agency (TRA). The panel in this case has made their recommendation as an NCTL panel, however the decision has been made on behalf of the Secretary of State, by a decision maker in the TRA. There has been no material change to the way this hearing was handled and the TRA works on the same legislative basis as the NCTL. A professional conduct panel (“the panel”) of the National College for Teaching and Leadership (“the National College”) convened on 29 March 2018 at 53 to 55 Butts Road, Earlsdon Park, Coventry CV1 3BH to consider the case of Ms Rupinder Bains. The panel members were Mr Tony James (former teacher panellist – in the chair), Mrs Gail Goodman (teacher panellist) and Mr Ian Hughes (lay panellist). The legal adviser to the panel was Ms Eve Piffaretti of Blake Morgan LLP solicitors. In advance of the meeting, the National College agreed to a request from Ms Bains that the allegations be considered without a hearing after taking into consideration the public interest and the interests of justice. Ms Bains provided a signed statement of agreed facts and admitted unacceptable professional conduct and/or conduct that may bring the profession into disrepute and/or conviction of a relevant offence. The panel considered the case at a meeting without the attendance of the presenting officer, Ms Bains or her representative. The meeting took place in private, save for the announcement of the panel’s decision, which was announced in public and recorded. 4 B. Allegations The panel considered the allegations set out in the Notice of Meeting dated 13 March 2018. It was alleged that Ms Bains was guilty of having been convicted at any time of a relevant criminal offence, in that: On 12 January 2017 she was convicted at Basingstoke Magistrates’ Court of the following: 1. On 29 December 2016 at Basingstoke in Hampshire she drove a motor vehicle, namely a VW Golf with index [redacted] on a road, namely A33, after consuming so much alcohol that the proportion of it in her breath, namely 59 micrograms of alcohol in 100 millilitres of breath exceeded the prescribed limit. Contrary to section 5(1)(a) of the Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988; It was alleged that Ms Bains was guilty of unacceptable professional conduct and/or conduct that may bring the profession into disrepute in that: Whilst employed as a teacher of ICT at Redbridge Community School between 1 July 2013 and 6 March 2017 she: 2. Was dishonest, in that she provided false and/or misleading information when informing the School of the events which led to her arrest in connection with allegation 1. Ms Bains admitted the facts of allegation 1 and that the facts amounted to having been convicted of a relevant offence. Ms Bains admitted the facts of allegation 2 and that those facts amounted to unacceptable professional conduct and conduct that may bring the profession into disrepute. C. Preliminary applications There were no preliminary applications. C. Summary of evidence Documents In advance of the hearing, the panel received a bundle of documents which included: Section 1: Chronology – pages 1 to 2 5 Section 2: Notice of Referral, Response and Notice of Meeting – pages 3 to 9b Section 3: Statement of Agreed Facts and Presenting Officer Representations– pages 10 to 16 Section 4: NCTL documents – pages 17 to 117 Section 5: Teacher documents – pages 118 to 123 The panel members confirmed that they had read all of the documents in advance of the hearing. Statement of agreed facts The panel considered a statement of agreed facts which was signed by Ms Bains, dated 21 December 2017. D. Decision and reasons The panel announced its decision and reasons as follows: The panel has carefully considered the case and reached a decision. The panel confirms that it has read all the documents provided in the bundle in advance of the hearing. In advance of the meeting, the National College agreed to a request from Ms Bains that the allegations be considered without a hearing. The panel has 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 is necessary or appropriate in this case. Ms Bains was employed as a teacher of ICT at Redbridge Community School (“the School”) which taught pupils up to Year 11. Ms Bains began working in this role on 1 September 2013 and ceased working in this role on 6 March 2017. The case involved Ms Bains’s conviction for driving under the influence of alcohol and her dishonest report which she provided to the School, following her arrest. On 29 December 2016, Ms Bains was involved in a road traffic accident which involved her car hitting a tree. Following this accident, Ms Bains was arrested on suspicion of driving whilst under the influence of alcohol. When informing the School of the events which led to her arrest Ms Bains was alleged to have acted dishonestly. 6 On 12 January 2017, Ms Bains pleaded guilty to, and was convicted of, driving whilst under the influence of alcohol on 29 December 2016. Findings of fact Our findings of fact are as follows: The panel has found the following particulars of the allegations against you proven, for these reasons: You are guilty of having been convicted of a relevant criminal offence, in that: On 12 January 2017 you were convicted at Basingstoke Magistrates Court of the following: 1. On 29 December 2016 at Basingstoke in Hampshire you drove a motor vehicle, namely a VW Golf with index [redacted] on a road, namely A33, after consuming so much alcohol that the proportion of it in your breath, namely 59 micrograms of alcohol in 100 millilitres of breath exceeded the prescribed limit. Contrary to section 5(1)(a) of the Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988; Ms Bains admits that she was convicted on or around 12 January 2017 at Basingstoke Magistrates' Court of driving a motor vehicle whilst under the influence of alcohol on 29 December 2016 , contrary to section 5(1) (a) of the Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988. She admits that as a result of this conviction she was disqualified from holding or obtaining a driving licence for 16 months reduced by 16 weeks upon the successful completion of a driving course approved by the Secretary of State and ordered to pay a fine of £375.00, CPS Costs of £85 and a victim surcharge of £37. The panel noted that an offence contrary to section 5(1) (a) of the Road Traffic Act 1988 is committed if a person drives a motor vehicle on a road after consuming so much alcohol that the proportion of it in his or her breath, blood or urine exceeds the prescribed limit. The prescribed limit in England is 35 micrograms of alcohol per 100 millilitres of breath. Ms Bains pleaded guilty to driving a motor vehicle after consuming so much alcohol that the proportion of it was 59 micrograms per 100 millilitres of her breath, contrary to section 5(1) (a) of the Road Traffic Act 1988. The panel noted the content of the Memorandum of Entry from Basingstoke Magistrates' Court for 12 January 2017 which is conclusive proof that Ms Bains has been convicted of a criminal offence and the sentence imposed by the court. 7 You are guilty of unacceptable professional conduct and/or conduct that may bring the profession into disrepute in that whilst employed as a teacher of ICT at Redbridge Community School between 1 July 2013 and 6 March 2017 you: 2. were dishonest, in that you provided false and misleading information when informing the School of the events which led to your arrest in connection with allegation 1. Ms Bains admits that she acted dishonestly on 3 January 2017, by providing false information to the School when informing them of the events which led to her arrest in connection with allegation 1. Ms Bains admits that she acted dishonestly by telling the School that she had only been drinking the night before the car accident on 29 December 2016, when in fact she had been drinking on the same day. Ms Bains also accepts that her explanation being that this accident occurred because of poor weather conditions was not accepted by the judge when considering the conviction at allegation 1. The panel noted that the difference of view in relation to the effect that weather conditions were a causal factor of the accident, is not pursued by the National College as a feature of dishonesty. The panel carefully considered the evidence in the case and was satisfied that Ms Bains also provided false and misleading information to the School from her initial disclosure to the headteacher on 3 January 2017 up to 11 January 2017 when she admitted to the School that she had not been truthful with the information she had previously provided in relation to the amount of alcohol that she had consumed, the level of alcohol reading, which was higher than she disclosed to the School