Mr Alex Parkes

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's name: Mr Alex Parkes

Teacher reference number: 0535774

Teacher's date of birth: 26 October 1973

Location teacher worked: Leeds, Yorkshire and the humber

Date of professional conduct panel:24 January 2020

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 teacher name and title, formerly employed in full location as above.

The proceedings were held at Cheylesmore House, 5 Quinton Road, Coventry, CV1 2WT at 9.30am on 24 January 2020.

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.

Mr Alex Parkes: Professional conduct panel outcome Panel decision and reasons on behalf of the Secretary of State for Education January 2020 2 Contents Introduction 3 Allegations 4 Preliminary applications 4 Summary of evidence 4 Documents 4 Witnesses 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 12 3 Professional conduct panel decision and recommendations, and decision on behalf of the Secretary of State Teacher: Mr Alex Parkes Teacher ref number: 0535774 Teacher date of birth: 26 October 1973 TRA reference: 18067 Date of determination: 24 January 2020 Former employer: Springwell Leeds Academy (“the School”) Introduction A professional conduct panel (“the panel”) of the Teaching Regulation Agency (“the TRA”) convened on 24 January 2020 at Cheylesmore House, 5 Quinton Road, Coventry, CV1 2WT, to consider the case of Mr Alex Parkes. The panel members were Mr Mike Carter (former teacher panellist – in the chair), Ms Gail Goodman (teacher panellist) and Mr John Matharu (lay panellist). The legal adviser to the panel was Mr Delme Griffiths of Blake Morgan solicitors. The presenting officer for the TRA was Ms Sherelle Appleby of Browne Jacobson solicitors. Mr Parkes was present and was represented by Ms Diane Ellis of NASUWT. The hearing took place in public and was recorded. 4 Allegations The panel considered the allegation set out in the Notice of Proceedings dated 28 November 2019. It was alleged that Mr Parkes was guilty of unacceptable professional conduct and/or conduct that may bring the profession into disrepute, in that whilst employed at Springwell Leeds Academy: 1. On or around 6 November 2018 he engaged in inappropriate physical contact with Pupil A by pushing him with force, which caused him to fall to the floor. Mr Parkes admitted the allegation and that his conduct amounted to unacceptable professional conduct and conduct that may bring the profession into disrepute. The panel was presented with a Statement of Agreed Facts signed by Mr Parkes on 22 October 2019. Preliminary applications There were no preliminary applications. Summary of evidence Documents In advance of the hearing, the panel received a bundle of documents which included: Section 1: Chronology and anonymised pupil list – pages 2 to 3 Section 2: Notice of proceedings and response – pages 5 to 12 Section 3: Teaching Regulation Agency documents – pages 14 to 100 Section 5: Teacher documents – pages 102 to 119 In addition, the panel added signed copies of Mr Parkes' witness statement and a supporting statement from Individual A to the bundle as new section 6, at pages 120 to 128. The panel members confirmed that they had read all of the documents in advance of the hearing. 5 Witnesses Given Mr Parkes' admissions, no witnesses were called to give evidence on behalf of the TRA. Mr Parkes gave evidence in mitigation at the final stage of the hearing. Decision and reasons The panel announced its decision and reasons as follows: The panel carefully considered the case before it and reached a decision. Mr Parkes commenced employment as a classroom teacher at the School on 1 September 2016. The School is described as a social emotional and mental health (SEMH) special school. On 6 November 2018, Mr Parkes was involved in an incident at the School involving Pupil A, whereby it was alleged that Mr Parkes pushed the pupil, causing him to fall to the floor. Mr Parkes was immediately suspended from duty and an investigation commenced. A notification was also made to the Local Authority Designated Officer at Leeds City Council. On 13 December 2018, a disciplinary hearing was held and Mr Parkes was dismissed. He was subsequently referred to the TRA. The panel confirms that it has not taken account of any findings made, or opinions expressed, during the School's investigation and disciplinary process. It formed its own, independent view of the allegations based on the evidence presented to it. Findings of fact The findings of fact are as follows: On or around 6 November 2018 you engaged in inappropriate physical contact with Pupil A by pushing him with force, which caused him to fall to the floor Mr Parkes admitted the facts of this allegation and the panel was presented with a Statement of Agreed Facts. It was accepted that, on 6 November 2018, Pupil A was in a corridor at the School and had become disruptive. He was refusing to attend a lesson where he was expected. Mr Parkes attempted to return Pupil A to that lesson and did so by using physical contact. 6 Mr Parkes admitted that he pushed Pupil A with force and that this caused Pupil A to fall to the floor. Pupil A was not injured as a result of the incident. Mr Parkes further admitted that, by so acting, he engaged in inappropriate physical contact with Pupil A. The panel viewed CCTV footage of the incident, various accounts of which were also included in the hearing papers. There was, accordingly, no dispute as to the fact that physical contact took place in the manner alleged. That contact involved Mr Parkes pushing Pupil A with force. The CCTV footage of the incident was extremely clear. Mr Parkes' conduct was also, plainly, inappropriate having regard to the nature of his actions, the degree of force used and the impact upon Pupil A. Pupil A immediately reacted to what happened and was clearly upset. It was accepted that Pupil A was not evidencing crisis behaviour in the period immediately prior to the incident. Mr Parkes' behaviour was also contrary to the School's policy and was not in accordance with specific 'Team Teach' training that Mr Parkes had received. In light of this evidence and Mr Parkes' admission, the panel found the allegation proved. Findings as to unacceptable professional conduct and/or conduct that may bring the profession into disrepute Having found the allegation against Mr Parkes proved, the panel went on to consider whether the facts of that allegation amounted to unacceptable professional conduct and/or conduct that may bring the profession into disrepute. 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 Mr Parkes, in relation to the facts found proved, involved breaches of the Teachers’ Standards. The panel considered that, by reference to Part 2, Mr Parkes 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 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 7 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.  Teachers must have an understanding of, and always act within, the statutory frameworks which set out their professional duties and responsibilities. The panel also considered whether Mr Parkes' conduct displayed behaviours associated with any of the offences listed on pages 10 and 11 of the Advice. The Advice indicates that where behaviours associated with such an offence exist, a panel is likely to conclude that an individual’s conduct would amount to unacceptable professional conduct. The panel found that none of these offences were relevant. The panel was satisfied that the conduct of Mr Parkes amounted to misconduct of a serious nature which fell significantly short of the standards expected of the profession, which he admitted. The degree of force used by Mr Parkes was not insignificant and caused Pupil A to fall to the floor. Whilst no harm did come to the child, Mr Parkes' actions could have caused physical injury. There was no crisis behaviour on the part of Pupil A that may have necessitated the use of reasonable force. In any event, the panel concluded that the force used by Mr Parkes was not reasonable. The panel also took account of the evidence of Pupil A's specific circumstances and behavioural needs. It was clear from the CCTV footage shown to the panel that Pupil A immediately reacted to Mr Parkes' actions and was emotional and upset. There was also reference, within the papers, to Pupil A's negative behaviour at home subsequent to this incident. The panel noted that Mr Parkes' actions were contrary to the School's policies and training he had received. As noted above, Mr Parkes had received 'Team Teach' training, most recently in September 2018, which is training that provides teachers with "skills to help them defuse situations before behaviour becomes challenging and how to de- escalate incidents should they arise." Accordingly, the panel was satisfied that Mr Parkes was guilty of unacceptable professional conduct. In relation to whether Mr Parkes' conduct may bring the profession into disrepute, the panel took into account the way the teaching profession is viewed by others and considered the influence that teachers may have on pupils, parents and others in the community. The panel also took account of the uniquely influential role that teachers can hold in pupils’ lives and the fact that pupils must be able to view teachers as role models in the way that they behave. 8 Having done so, the panel found that Mr Parkes' actions constituted conduct that may bring the profession into disrepute, which he also admitted. Having found the facts of the allegation proved, the panel further found that Mr Parkes’ conduct amounted to b