Prohibition Order Active: The Teaching Regulation Agency has issued a prohibition order for this teacher. This person is prohibited from carrying out teaching work in any school, sixth form college, relevant youth accommodation or children’s home in England.
Teacher Record Details
Teacher's Name
Mr Alexander Fox
Teacher Reference Number
0332380
Date of Birth
26 April 1979
Location Employed
Dorset, south west England
Professional Panel Date
8 March 2021
Agency Outcome Decision
prohibition order
Decision Published Date
19 March 2021
Panel Decision & Reasons Summary
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 Alexander Fox
Teacher reference number: 0332380
Teacher's date of birth: 26 April 1979
Location teacher worked: Dorset, south west England
Date of professional conduct panel: 8 March 2021
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 Mr Alexander Fox formerly employed in Dorset, south west England.
Full PDF Document Transcript Search
Mr Alexander Fox:
Professional conduct
panel outcome
Panel decision and reasons on behalf of the
Secretary of State for Education
March 2021
2
Contents
Introduction 3
Allegations 4
Preliminary applications 4
Summary of evidence 4
Documents 5
Witnesses 5
Decision and reasons 5
Findings of fact 6
Panel’s recommendation to the Secretary of State 10
Decision and reasons on behalf of the Secretary of State 13 3
Professional conduct panel decision and recommendations, and decision on
behalf of the Secretary of State
Teacher: Mr Alexander Fox
Teacher ref number: 0332380
Teacher date of birth: 26 April 1979
TRA reference: 19094
Date of determination: 8 March 2021
Former employer: St Edward’s Roman Catholic & Church of England VA School,
Poole, Dorset.
Introduction
A professional conduct panel (“the panel”) of the Teaching Regulation Agency (“the
TRA”) convened on 8 March 2021 by virtual hearing, to consider the case of Mr
Alexander Fox.
The panel members were Dr Angela Brown (lay panellist – in the chair), Miss Juliet Berry
(lay panellist) and Mr Edward MacIntyre (teacher panellist).
The legal adviser to the panel was Mr Rob Kellaway of Birketts LLP solicitors.
The presenting officer for the TRA was Ms Sherelle Appleby of Browne Jacobson LLP
solicitors.
Mr Fox was present and was represented by Ms Lizzy Bowman of NASUWT.
The hearing took place by way of a virtual hearing in public and was recorded. 4
Allegations
The panel considered the allegations set out in the notice of proceedings dated 4
January 2021.
It was alleged that Mr Fox was guilty of unacceptable professional conduct and/or
conduct that may bring the profession into disrepute, in that whilst employed at the St
Edward’s Roman Catholic & Church of England VA School:
1. He engaged in inappropriate and/or unprofessional behaviour on one or more
occasions towards Individual A by conducting one-to-one role-plays of pupil
behaviour scenarios with her in which he made comments to the effect of:
a. “miss I have a big black cock and I know you want it…do you want it up the front
or the back…I am going to stick it in your mouth and come, do you gag miss?”
b. “you’re a filthy bitch and I know you’ve wanted it since the day I met you”
c. “I’m going to rape you miss”
d. “there is nothing worse than when you find out that daddy is raping his little girl”
2. His behaviour towards Individual A as may be found proven at allegation 1 above
was sexually motivated;
3. His conduct towards Individual A as may be found proven at allegation 1 above
was intended to intimidate her.
Mr Fox admitted allegation 1. in that he admits he made comments to the effect of those
listed at allegation 1.a. to d. Moreover, Mr Fox admits that his comments amounted to
unprofessional and inappropriate behaviour towards Individual A.
Mr Fox did not admit allegations 2. or 3.
Preliminary applications
The panel considered an application from Mr Fox for the admission of an additional
document: a letter from [Redacted]. There was no objection to the admission of this
additional document by the presenting officer. The panel determined that the letter from
the [Redacted] was a relevant document and it would be in the interests of justice for that
document to be considered at the hearing and should therefore form part of the bundle.
Summary of evidence 5
Documents
In advance of the hearing, the panel received a bundle of documents which included:
• Section 1: Preliminary documents – pages 2 to 3
• Section 2: Notice of proceedings and response and statement of agreed and
disputed facts – pages 5 to 18
• Section 3: Teaching Regulation Agency documents – pages 20 to 111
• Section 4: Teacher documents – pages 113 to 115.
In addition, the panel agreed to accept the following document to the bundle:
• a letter from the [Redacted] to Mr Fox dated 3 December 2020. This document
was added to the bundle at page 116 to 117.
The panel members confirmed that they had read all of the documents within the bundle
in advance of the hearing and read the additional document before reaching its decision.
Witnesses
The presenting officer did not call any witnesses to give oral evidence at the hearing.
The panel heard oral evidence from Mr Fox who did not call any other witnesses.
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 Fox had been employed as a technology teacher at St Edward’s Roman Catholic &
Church of England VA School (“the School”) from 1 January 2016 until he resigned on 16
January 2020.
Individual A was a [Redacted] at the School who had started her placement at the School
in [Redacted]. Mr Fox was [Redacted] to Individual A.
On 22 November 2019, the School’s headteacher was informed of an allegation against
Mr Fox about his conduct towards Individual A. Mr Fox was suspended immediately and
a disciplinary investigation commenced. The School also contacted the Local Authority
Designated Officer. 6
It was alleged that on more than one occasion Mr Fox had conducted one-to-one role-
play scenarios with Individual A of examples of extreme sexualised language by pupils. It
is alleged that Mr Fox’s behaviour in relation to those role-play scenarios was sexually
motivated and that his conduct was intended to intimidate Individual A.
During the School’s investigation, the School took a signed statement from Individual A
on 25 November 2019 and 10 December 2019 in relation to the incident.
A disciplinary hearing with Mr Fox was scheduled for 20 January 2020. However, Mr Fox
submitted his resignation on 16 January 2020. A referral was made to the TRA on 6
February 2020.
Findings of fact
The findings of facts on each of the allegations are set out below.
1. You engaged in inappropriate and/or unprofessional behaviour on one or
more occasions towards Individual A by conducting one-to-one role plays of
pupil behaviour scenarios with her in which you made comments to the effect
of:
a. “miss I have a big black cock and I know you want it…do you want it up
the front or the back…I am going to stick it in your mouth and come, do
you gag miss?”
b. “you’re a filthy bitch and I know you’ve wanted it since the day I met
you”
c. “I’m going to rape you miss”
d. “there is nothing worse than when you find out that daddy is raping his
little girl”.
The panel considered the statement of agreed and disputed facts within the bundle in
which Mr Fox stated that he admitted this allegation. The panel considered that Mr Fox’s
admission was consistent with the admissions he had made during his investigation
interviews with the School. In his oral evidence at the hearing, Mr Fox also admitted that
he had made comments to this effect to Individual A.
Mr Fox said that the allegation comments set out at allegation 1.a. to d. were not
verbatim of what he had said to Individual A during the role-play exercises. Mr Fox said
that in terms of allegation d. he believed the statement had been words to the effect of
“there is nothing worse than when you find out a father is molesting his little girl”. The
panel noted that the handwritten statement of Individual A on 22 November 2019, the day
she had reported the role playing to the School, included a note “daddy raping little girl” 7
which suggested that those exact words may have been used rather than “father” and
“molesting” as advanced by Mr Fox. When asked what the verbatim comments had been
in relation to allegations 1.a. to c. Mr Fox stated he could not recollect what he had said
exactly but accepted that it had been words to the effect of those set out in allegation 1.
The panel noted that in his evidence Mr Fox had stated he had initiated the one-on-one
training scenarios with Individual A as he had concerns about Individual A’s instincts and
safeguarding knowledge. The panel noted that Mr Fox did not report these concerns to
the School’s safeguarding team or any delegated staff responsible for [Redacted], but
instead chose to undertake training, which included the role-playing scenarios, on his
own accord without approval from the School’s safeguarding team or senior leadership
team. Mr Fox admitted this had been an error on his part not to report his safeguarding
concerns. Mr Fox had not been trained to provide training in relation extreme sexual
language by students.
At the hearing, the panel noted Mr Fox’s explanation for conducting the role-play
exercises in that he wanted to prepare Individual A for situations that he considered may
arise in the classroom or in a school environment. Mr Fox submitted that these were
based on events that he had directly experienced or witnessed. The panel also noted Mr
Fox’s evidence that aside from pupils using sexually explicit language, other issues such
as bullying, and racism had been discussed and role-played during his meetings with
Individual A.
The panel found that the role-play scenarios had taken place on more than one occasion.
The panel noted that in his interview with the School on 27 November 2019, Mr Fox had
stated he, “couldn’t recall but it was nothing like 5 or 6; maybe 3 or 4”. Mr Fox’s evidence
at the hearing was also that the role-playing meetings had taken place over 3 or 4
meetings during Individual A’s [Redacted] with the School.
The panel considered that the role-play scenario and the comments made by Mr Fox
during those scenarios which had taken place on multiple occasions to be wholly
inappropriate and unprofessional.
In reaching its decision on these facts, the panel noted the evidence within the bundle of
the negative impact that the role-play scenarios had had on the wellbeing of Individual A.
On examination of all the documents before the panel and on consideration of the oral
evidence, the panel was satisfied that the facts of this allegation are proved.
2. Your behaviour towards Individual A as may be found proven at allegation
1 above was sexually motivated.
When considering this allegation, the panel again considered Mr Fox’s explanation for
conducting the role-play scenarios in order to prepare Individual A for real life teaching. 8
Mr Fox explained he had previously worked at a school in London in which sexually
explicit statements had been said to a teacher such as: “I bet you like large cocks”, “we
are going to rape you”, “do you prefer it up front or the back”, “I am going to put it in your
mouth” and that he had overheard year 7 girls describing what “cum tasted like”.
Mr Fox informed the panel that Individual A had not requested that they undertake role-
playing scenarios relating to sexually explicit comments by pupils but that the issue had
come up when discussing other training topics.
The panel found that Mr Fox had on occasions, been inconsistent in the evidence he had
given. For example, on the one hand Mr Fox had referred to the School as a “dream
school” whilst on the other he had a long list of issues with how the School operated. The
panel was not wholly convinced by Mr Fox’s explanation of these inconsistencies.
However, the panel considered that Mr Fox’s evidence that his intentions had not been
sexually motivated were consistent and the inconsistencies in other parts of his evidence
were not enough to persuade the panel that Mr Fox’s evidence in relation to this
allegation was unreliable.
The panel carefully considered the words and actions found proved at allegation 1. and
whilst they concluded that the allegations contained sexually explicit language, the panel
found that there was not enough evidence to conclude, on the balance of probabilities,
that Mr Fox’s conduct was sexually motivated.
The panel was not satisfied, on the balance of probabilities, that the facts of this
allegation were proved on all the evidence before it.
3. Your conduct towards Individual A as may be found proven at allegation 1
above was intended to intimidate her.
The panel was not satisfied that the facts of this allegation were proved.
The panel considered that there had been an imbalance of power between Mr Fox and
Individual A, a [Redacted], in that Mr Fox was a qualified teacher and Individual A’s
[Redacted]. However, the panel was not presented with persuasive evidence that, on the
balance of probabilities, Mr Fox’s intentions had been to intimidate Individual A.
The panel noted the signed statements of Individual A dated 25 November 2019 and 10
December 2019. In particular, the panel noted the minutes of the meeting with Individual
A on 10 December 2019 which included, “she is constantly fearful for her safety and the
safety of her children” and “the scenarios used in the “meetings” with Individual A have
also meant that discussions about this type of scenario in training events has brought
back feelings of anxiety and fear for Individual A.” 9
Whilst the panel considered that Individual A may well have felt intimidated by the role-
playing scenarios found proven at allegation 1, the panel was not satisfied, on the
balance of probabilities, that Mr Fox had intended to intimidate Individual A.
Findings as to unacceptable professional conduct and/or conduct that
may bring the profession into disrepute
Having found allegation 1. 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 Fox, in relation to the facts found proved
involved breaches of the Teachers’ Standards. The panel considered that, by reference
to Part 1 and Part 2, Mr Fox was in breach of the following standards:
Part 1
• Develop effective personal relationships with colleagues, knowing how and when
to draw on advice and specialist support.
Part 2
• 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
• Teachers must have proper and professional regard for the ethos, policies and
practices of the school in which they teach...
The panel was satisfied that the conduct of Mr Fox in respect of allegation 1. amounted
to misconduct of a serious nature that fell significantly short of the standards expected of
the profession.
The panel considered that Mr Fox’s comments he had made in the role-playing sessions
was a clear breach of the Teachers’ Standards.
The panel considered that it was wholly inappropriate for Mr Fox to have unilaterally and
informally decided to undertake the role-play scenarios with Individual A using the
language found at allegation 1.
The panel also considered whether Mr Fox’s conduct displayed behaviours associated
with any of the offences listed on pages 10 and 11 of the Advice. The panel considered
the offence of sexual activity but did not consider this to be relevant given its finding in 10
relation to allegation 2. Accordingly, the panel found that none of the offences were
relevant.
The panel went on to consider whether Mr Fox’s actions in respect of each allegation
amounted to conduct that 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.
The panel considered that it was clear that the actions of Mr Fox fell significantly short of
what the public would expect or tolerate of an individual, and especially a teacher. The
panel found the fact that Mr Fox’s conduct had been towards [Redacted], and who
sought appropriate guidance from a teacher with 17 years’ experience was totally
unacceptable.
The findings of misconduct are serious, and the conduct displayed would be likely to
have a negative impact on the individual’s status as a teacher, potentially damaging the
public perception. Accordingly, the panel considered that Mr Fox’s proven actions may
bring the profession into disrepute.
In summary, having found the facts of the allegation proved in respect of allegation 1.,
the panel found that Mr Fox’s conduct amounted to unacceptable professional conduct
and conduct that may bring the profession into disrepute.
Panel’s recommendation to the Secretary of State
Given the panel’s findings in respect of unacceptable professional conduct and conduct
that may bring the profession into disrepute, it was necessary for the panel to go on to
consider whether it would be appropriate to recommend the imposition of a prohibition
order by the Secretary of State.
In considering whether to recommend to the Secretary of State that a prohibition order
should be made, the panel had to consider whether it would be an appropriate and
proportionate measure, and whether it would be in the public interest to do so. The panel
noted that prohibition orders should not be given in order to be punitive, or to show that
blame has been apportioned, although they are likely to have punitive effect.
The panel had regard to the particular public interest considerations set out in the Advice
and having done so, found a number of them to be relevant in this case, namely: the
protection of pupils and other members of the public, the maintenance of public
confidence in the profession and declaring and upholding proper standards of conduct. 11
The panel considered that public confidence in the profession could be seriously
weakened if conduct such as that found against Mr Fox was not treated with the utmost
seriousness when regulating the conduct of the profession. The conduct found against
Mr Fox was outside that which could reasonably be tolerated by a teacher.
The panel was of the view that a strong public interest consideration in declaring proper
standards of conduct in the profession was also present as the conduct found against Mr
Fox was far outside that which could reasonably be tolerated. The panel considered that
Mr Fox with his 17 years of experience should have been fully aware that his conduct
and decision making had been wholly inappropriate and unprofessional.
In the light of the panel’s findings against Mr Fox, the panel also considered there was a
public interest consideration in respect of the protection of pupils and members of the
public. The panel noted that Individual A had been a [Redacted] at the material time and
therefore [Redacted]. The panel considered Mr Fox had abused a position of trust and
responsibility in which there was a power imbalance. Given the extent of
inappropriateness of Mr Fox’s conduct to an [Redacted] which had been found to be
proven, the panel did have some ongoing concerns that Mr Fox posed a potential
ongoing risk to members of the public and to pupils.
The panel did not consider there to be a strong public interest consideration in retaining
Mr Fox in the profession. The panel did note that Mr Fox had not previously been subject
to any professional disciplinary sanctions. The panel did note the positive references
from Mr Fox’s previous schools, which he had worked at between October 2011 and
August 2013 and between 1 January 2014 and 31 August 2015. Amongst others, the
panel noted the comments set out below within those two references.
“He [Mr Fox] was a big favourite with the students (and staff) who were very sad to see
him leave”.
“Alex has consistently been graded as delivering good or better lessons” and “Alex has
regularly given up his time to help students at break and lunchtime and has volunteered
to help out with lesson preparation when colleagues have been absent. Alex has a calm
manner within the classroom and experiences little or no classroom management issues.
Consequently, he has formed good relationships with many of our students”.
However, the panel considered that given Mr Fox had been a teacher for 17 years, only
limited information had been provided as to his ability as a teacher. The panel noted that
no further character references had been provided by Mr Fox, in particular by former
colleagues over his teaching career, aside from thank you cards from 2 pupils that Mr
Fox had recently taught. 12
In view of the clear public interest considerations that were present, the panel considered
carefully whether or not it would be proportionate to impose a prohibition order, taking
into account the effect that this would have on Mr Fox.
In carrying out the balancing exercise, the panel had regard to the public interest
considerations both in favour of, and against, prohibition as well as the interests of Mr
Fox. The panel took further account of the Advice, which suggests that a prohibition order
may be appropriate if certain behaviours of a teacher have been proved. In the list of
such behaviours, those that were relevant in this case were:
• serious departure from the personal and professional conduct elements of the
Teachers’ Standards
• abuse of position or trust (particularly involving vulnerable pupils) or violation of the
rights of pupils.
Even though the behaviour found proved in this case indicated that a prohibition order
would be appropriate, the panel went on to consider the mitigating factors. The panel
noted that mitigating factors may indicate that a prohibition order would not be
appropriate or proportionate.
The panel considered that Mr Fox’s actions were deliberate. Mr Fox had deliberately
chosen to undertake the role-playing scenarios with Individual A on multiple occasions.
There was no evidence to suggest that Mr Fox was acting under duress. There was no
evidence put forward that he was placed under any undue or extraordinary pressure or
that some other event had impacted upon him so as to affect his behaviour at that time.
Mr Fox did express remorse for his actions in his personal statement in the bundle and in
his oral evidence. Mr Fox also commented on the impact his decisions had had on him, “I
have learnt from the moment I heard that I had hurt Individual A, that I carry deep, often
debilitating guilt.”
The panel noted Mr Fox stated he had undertaken counselling since leaving the School,
and that in his statement of 6 February 2021, he commented that “my past negative
experiences in teaching are beginning to heal.” Mr Fox also said that he had not been
employed as a teacher since his resignation “out of respect for the profession”.
Recommendation
The panel first considered whether it would be proportionate to conclude this case with
no recommendation of prohibition, considering whether the publication of the findings
made by the panel would be sufficient.
The panel was of the view that, applying the standard of the ordinary intelligent citizen, it
would not be a proportionate and appropriate response to recommend no prohibition 13
order. Recommending that the publication of adverse findings would be sufficient would
unacceptably compromise the public interest considerations present in this case, despite
the severity of the consequences for Mr Fox of prohibition.
The panel was of the view that prohibition was both proportionate and appropriate. The
panel decided that the public interest considerations outweighed the interests of Mr Fox.
The serious nature of the misconduct was a significant factor in forming that opinion.
Accordingly, the panel made a recommendation to the Secretary of State that a
prohibition order should be imposed with immediate effect.
The panel went on to consider whether or not it would be appropriate for it to decide to
recommend a review period of the order. The panel was mindful that the Advice states
that a prohibition order applies for life, but there may be circumstances, in any given
case, that may make it appropriate to allow a teacher to apply to have the prohibition
order reviewed after a specified period of time that may not be less than 2 years.
The Advice indicates that there are behaviours that, if proved, would militate against the
recommendation of a review period. However, the panel did not find any of those
behaviours to be proved in this case.
The panel decided that its findings indicated a situation in which a review period would be
appropriate and, as such, decided that it would be proportionate, in all the circumstances,
for the prohibition order to be recommended with provisions for a review period of 2
years. The panel considered that this would allow Mr Fox a further period of time to
reflect on his actions and to continue with the counselling which he had said he had
undertaken and in particular to fully address his “past negative experiences in teaching”.
Decision and reasons on behalf of the Secretary of State
I have given very careful consideration to this case and to the recommendation of the
panel in respect of both sanction and review period.
In considering this case, I have also given very careful attention to the Advice that the
Secretary of State has published concerning the prohibition of teachers.
In this case, the panel has found some of the allegations proven and found that those
proven facts amount to unacceptable professional conduct and/or conduct that may bring
the profession into disrepute. In this case, the panel has found some of the allegations
not proven, and/or found that some allegations do not amount to unacceptable
professional conduct or conduct likely to bring the profession into disrepute. I have
therefore put those matters entirely from my mind.
The panel has made a recommendation to the Secretary of State that Mr Alexander Fox
should be the subject of a prohibition order, with a review period of 2 years. 14
In particular, the panel has found that Mr Fox is in breach of the following standards:
• Develop effective personal relationships with colleagues, knowing how and when
to draw on advice and specialist support.
• 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
• Teachers must have proper and professional regard for the ethos, policies and
practices of the school in which they teach...
The panel finds that the conduct of Mr Fox fell significantly short of the standards
expected of the profession.
The findings of misconduct are particularly serious as they include a finding of
inappropriate and/or unprofessional behaviour on one or more occasions towards
Individual A, behaviours that were an abuse of position or trust.
I have to determine whether the imposition of a prohibition order is proportionate and in
the public interest. In considering that for this case, I have considered the overall aim of a
prohibition order which is to protect pupils and to maintain public confidence in the
profession. I have considered the extent to which a prohibition order in this case would
achieve that aim taking into account the impact that it will have on the individual teacher.
I have also asked myself, whether a less intrusive measure, such as the published
finding of unacceptable professional conduct and conduct that may bring the profession
into disrepute, would itself be sufficient to achieve the overall aim. I have to consider
whether the consequences of such a publication are themselves sufficient. I have
considered therefore whether or not prohibiting Mr Fox, and the impact that will have on
him, is proportionate and in the public interest.
In this case, I have considered the extent to which a prohibition order would protect
children. The panel has observed, “Given the extent of inappropriateness of Mr Fox’s
conduct to an [Redacted] which had been found to be proven, the panel did have some
ongoing concerns that Mr Fox posed a potential ongoing risk to members of the public
and to pupils”. A prohibition order would therefore prevent such a risk from being present
in the future.
I have also taken into account the panel’s comments on insight and remorse, which the
panel sets out as follows, “Mr Fox did express remorse for his actions in his personal
statement in the bundle and in his oral evidence. Mr Fox also commented on the impact
his decisions had had on him, “I have learnt from the moment I heard that I had hurt
Individual A, that I carry deep, often debilitating guilt” and “The panel noted Mr Fox stated 15
he had undertaken counselling since leaving the School, and that in his statement of 6
February 2021, he commented that “my past negative experiences in teaching are
beginning to heal.” Mr Fox also said that he had not been employed as a teacher since
his resignation “out of respect for the profession”.
I have gone on to consider the extent to which a prohibition order would maintain public
confidence in the profession. The panel observe, “The panel considered that public
confidence in the profession could be seriously weakened if conduct such as that found
against Mr Fox was not treated with the utmost seriousness when regulating the conduct
of the profession”. I am particularly mindful of the finding of serious misconduct found
proven in this case and the position of Individual A and the impact that such a finding has
on the reputation of the profession.
I have had to consider that the public has a high expectation of professional standards of
all teachers and that the public might regard a failure to impose a prohibition order as a
failure to uphold those high standards. In weighing these considerations, I have had to
consider the matter from the point of view of an “ordinary intelligent and well-informed
citizen.”
I have considered whether the publication of a finding of unacceptable professional
conduct, in the absence of a prohibition order, can itself be regarded by such a person as
being a proportionate response to the misconduct that has been found proven in this
case.
I have also considered the impact of a prohibition order on Mr Fox himself and the panel
comment “The panel considered that given Mr Fox had been a teacher for 17 years, only
limited information had been provided as to his ability as a teacher. The panel noted that
no further character references had been provided by Mr Fox, in particular by former
colleagues over his teaching career, aside from thank you cards from 2 pupils that Mr
Fox had recently taught”.
A prohibition order would prevent Mr Fox from teaching. A prohibition order would also
clearly deprive the public of his contribution to the profession for the period that it is in
force.
In this case, I have placed considerable weight on the following comments “The panel
found the fact that Mr Fox’s conduct had been towards [Redacted], and who sought
appropriate guidance from a teacher with 17 years’ experience was totally unacceptable”
and also “The panel considered that it was wholly inappropriate for Mr Fox to have
unilaterally and informally decided to undertake the role-play scenarios with Individual A
using the language found at allegation 1”.
16
I have given less weight in my consideration of sanction therefore, to the contribution that
Mr Fox has made to the profession. In my view, it is necessary to impose a prohibition
order, in order to maintain public confidence in the profession. A published decision, in
light of the circumstances in this case, does not in my view satisfy the public interest
requirement concerning public confidence in the profession.
For these reasons, I have concluded that a prohibition order is proportionate and in the
public interest in order to achieve the intended aims of a prohibition order.
I have gone on to consider the matter of a review period. In this case, the panel has
recommended a 2 year review period.
I have considered the panel’s comments “It would be proportionate, in all the
circumstances, for the prohibition order to be recommended with provisions for a review
period of 2 years. The panel considered that this would allow Mr Fox a further period of
time to reflect on his actions and to continue with the counselling which he had said he
had undertaken and in particular to fully address his “past negative experiences in
teaching”.
I consider therefore that a 2 year review period is required to satisfy the maintenance of
public confidence in the profession.
This means that Mr Alexander Fox is prohibited from teaching indefinitely and
cannot teach in any school, sixth form college, relevant youth accommodation or
children’s home in England. He may apply for the prohibition order to be set aside, but
not until 13 March 2023, 2 years from the date of this order at the earliest. This is not an
automatic right to have the prohibition order removed. If he does apply, a panel will meet
to consider whether the prohibition order should be set aside. Without a successful
application, Mr Fox remains prohibited from teaching indefinitely.
This order takes effect from the date on which it is served on the teacher.
Mr Fox has a right of appeal to the Queen’s Bench Division of the High Court within 28
days from the date he is given notice of this order.
Decision maker: Sarah Buxcey
Date: 10 March 2021
This decision is taken by the decision maker named above on behalf of the Secretary of
State.
17
Loading comments...