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Mr Alexander Martin
(formerly Daniel
Chapman):
Professional conduct
panel outcome
Panel decision and reasons on behalf of the
Secretary of State for Education
June 2021
2
Contents
Introduction 3
Allegations 4
Preliminary applications 5
Summary of evidence 5
Documents 5
Statement of agreed facts 5
Decision and reasons 5
Findings of fact 6
Panelâs recommendation to the Secretary of State 10
Decision and reasons on behalf of the Secretary of State 14
3
Professional conduct panel decision and recommendations, and decision on
behalf of the Secretary of State
Teacher: Mr Alexander Martin (formerly Daniel Chapman)
Teacher ref number: 0956591
Teacher date of birth: 8 February 1988
TRA reference: 18470
Date of determination: 4 June 2021
Former employer: Hilltop Infant School, Essex
Introduction
A professional conduct panel (âthe panelâ) of the Teaching Regulation Agency (âthe
TRAâ) convened virtually on 4 June 2021, to consider the case of Mr Alexander Martin.
The panel members were Mr Ian Carter (former teacher panellist â in the chair), Ms
Claudette Salmon (teacher panellist) and Ms Oluremi Alabi (lay panellist).
The legal adviser to the panel was Mr Delme Griffiths 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 Mr Martin that the allegations be
considered without a hearing. Mr Martin 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, Mr Martin or his representative.
The meeting took place in private, save for the announcement of the panelâs decision,
which was announced in public and recorded.
4
Allegations
The panel considered the allegations set out in the notice of meeting dated 27 May 2021.
It was alleged that Mr Martin was guilty of having been convicted of a relevant offence, in
that:
1. On 21 October 2019, at Chelmsford Crown Court, he was convicted of:
a. Two counts of Making indecent photograph or pseudo photograph of children
on 08/08/17, contrary to the Protection of Children Act 1978 s.1(a);
b. One count of Making indecent photograph or pseudo-photograph of children on
27/01/19, contrary to the Protection of Children Act 1978 s.1(a);
c. Three counts of Making indecent photograph or pseudo-photograph of children
on 25/05/19, contrary to the Protection of Children Act 1978 s.1(a);
d. One count of Possess prohibited images of children on 25/05/19, contrary to the
Coroners and Justice Act 2009 s.62(1);
e. One count of Publish obscene article on 24/09/18 - 29/04/19, contrary to the
Obscene Publications Act 1959 s.2(1);
f. One count of Publish obscene article on 11/01/19 - 29/04/19, contrary to the
Obscene Publications Act 1959 s.2(1);
g. One count of Publish obscene article on 11/09/18 - 13/02/19, contrary to the
Obscene Publications Act 1959 s.2(1);
h. One count of Possession of extreme pornographic images â of intercourse/ oral
sex with dead/ alive animal on 20/05/19, contrary to the Criminal Justice and
Immigration Act 2008 s.63(1)(7)(d);
i. One count of Possession of extreme pornographic images â of intercourse/ oral
sex with dead/ alive animal on 11/01/19, contrary to the Criminal Justice and
Immigration Act 2008 s.63(1)(7)(d).
2. On 20 November 2019, at Chelmsford Crown Court, he was sentenced to:
a. imprisonment for 30 months;
b. an indefinite Sex offenders notice;
c. a Sexual harm prevention order for 10 years;
d. forfeiture of an Apple iPhone and HP laptop computer; 5
e. a victim surcharge of ÂŁ140.
Mr Martin admitted the facts of the allegations and that his conviction was for 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, anonymised pupil list and list of key people â pages 3 to 5
Section 2: Notice of Referral, response and Notice of Meeting â pages 6 to 14
Section 3: Statement of agreed facts and presenting officer representations â pages 15
to 18
Section 4: Teaching Regulation Agency documents â pages 19 to 115
Section 5: Teacher documents â pages 116 to 120
The panel members confirmed that they had read all of the documents within the bundle,
in advance of the meeting.
Statement of agreed facts
The panel considered a statement of agreed facts, which was signed on behalf of Mr
Martin on 26 February 2021.
Decision and reasons
The panel announced its decision and reasons as follows:
In advance of the meeting, the TRA agreed to a request from Mr Martin 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. 6
The panel proceeded to consider the case carefully, having read all of the documents,
and reached a decision. It accepted the legal advice provided.
Mr Martin (formerly Daniel Chapman) was previously employed as the head of school at
Hilltop Infant School ("the School"). He commenced that role on 1 November 2017.
The relevant chronology was as follows:
⢠On 20 May 2019, Mr Martin was arrested and charged with three counts of
âMaking Indecent Photograph or Pseudo-Photograph of Childrenâ.
⢠On 18 June 2019, Mr Martin was remanded in custody in Chelmsford Crown
Court.
⢠On 20 June 2019 ,the TRA received a notification from Essex police in relation to
Mr Martin.
⢠On 25 July 2019, Mr Martin was dismissed by the School for gross misconduct.
⢠On 21 October 2019, Mr Martin was convicted at Chelmsford Crown Court on
multiple counts.
⢠On 20 November 2019, Mr Martin was sentenced.
The School formally referred Mr Martin to the TRA on 26 July 2019.
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:
1. On 21 October 2019, at Chelmsford Crown Court, you were convicted of:
a. Two counts of Making indecent photograph or pseudo-photograph of
children on 08/08/17, contrary to the Protection of Children Act 1978 s.1(a);
b. One count of Making indecent photograph or pseudo-photograph of
children on 27/01/19, contrary to the Protection of Children Act 1978 s.1(a);
c. Three counts of Making indecent photograph or pseudophotograph of
children on 25/05/19, contrary to the Protection of Children Act 1978 s.1(a);
d. One count of Possess prohibited images of children on 25/05/19, contrary
to the Coroners and Justice Act 2009 s.62(1); 7
e. One count of Publish obscene article on 24/09/18 - 29/04/19, contrary to
the Obscene Publications Act 1959 s.2(1);
f. One count of Publish obscene article on 11/01/19 - 29/04/19, contrary to the
Obscene Publications Act 1959 s.2(1);
g. One count of Publish obscene article on 11/09/18 - 13/02/19, contrary to
the Obscene Publications Act 1959 s.2(1);
h. One count of Possession of extreme pornographic images â of
intercourse/ oral sex with dead/ alive animal on 20/05/19, contrary to the
Criminal Justice and Immigration Act 2008 s.63(1)(7)(d);
i. One count of Possession of extreme pornographic images â of
intercourse/ oral sex with dead/ alive animal on 11/01/19, contrary to the
Criminal Justice and Immigration Act 2008 s.63(1)(7)(d).
2. On 20 November 2019, at Chelmsford Crown Court, you were sentenced to:
a. imprisonment for 30 months;
b. an indefinite Sex offenders notice;
c. a Sexual harm prevention order for 10 years;
d. forfeiture of an Apple iPhone and HP laptop computer;
e. a victim surcharge of ÂŁ140.
The panel considered allegations 1 and 2 together.
Mr Martin admitted both allegations. The panel was presented with a statement of agreed
facts, signed on Mr Martin's behalf, to that effect.
The panel was also presented with a certificate of conviction from the Chelmsford Crown
Court.
This confirmed that Mr Martin had pleaded guilty to all matters charged and was
convicted, on 21 October 2019, of the following offences:
a. Six counts of âMaking indecent photograph or pseudo-photograph of
childrenâ, contrary to the Protection of children Act 1978 s.1(a) (particulars
of allegation 1(a) â (c) above);
b. One count of âPossess prohibited images of childrenâ, contrary to the
Coroners and Justice Act 2009 s.62(1) (particular of allegation 1(d) above); 8
c. Three counts of âPublish obscene articleâ, contrary to the Obscene
Publications Act 1959 s.2(1) (particulars of allegation 1(e) â (g) above);
d. Two counts of âPossession of extreme pornographic images â of
intercourse/ oral sex with dead/ alive animalâ, contrary to the Criminal
Justice and Immigration Act 2008 s.63(1)(7)(d) (particulars of allegation 1(h)
â (i) above).
Mr Martin was committed to Chelmsford Crown Court for sentencing. On 20 November
2019, he was sentenced to:
a. Imprisonment for 30 months;
b. An indefinite sex offenders notice;
c. A sexual harm prevention order for 10 years;
d. Forfeiture of mobile telephone and laptop; and
e. A victim surcharge of ÂŁ140.00.
In passing sentence, the Judge [Redacted] noted the aggravating features of this case as
being the age and vulnerability of the children shown, the distress and pain, the content
of the chats and Mr Martin's position and role at the School.
In Mr Martin's favour was the fact that he entered a guilty plea. It was also confirmed that
the evidence before the Crown Court was to the effect that Mr Martin had been in
possession of a low number of images.
The panel accepted the certificate of conviction as conclusive proof of the commission of
these offences by Mr Martin and the sentence received.
It accordingly found allegations 1 and 2 proved.
Findings as to conviction of a relevant offence
Having found the allegations proved, the panel went on to consider whether Mr Martin's
conviction was for a relevant offence, which he admitted.
In doing so, the panel had regard to the document Teacher Misconduct: The Prohibition
of Teachers, which is referred to as âthe Adviceâ.
The panel was satisfied that Mr Martin's conduct in relation to the facts found proved
involved breaches of the Teachersâ Standards. The panel considered that by reference to
Part 2, Mr Martin was in breach of the following standards: 9
⪠Teachers uphold public trust in the profession and maintain high standards of
ethics and behaviour, within and outside school, by
o having regard for the need to safeguard pupilsâ well-being, in accordance
with statutory provisions
o showing tolerance of and respect for the rights of others
o not undermining fundamental British values, including democracy, the rule
of law, individual liberty and mutual respect, and tolerance of those with
different faiths and beliefs
⪠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 determined that Mr Martin's actions were clearly relevant to teaching, working
with children and working in an education setting. Each of these serious offences were
very disturbing in nature. The majority of the offences directly involved children although
it is important to record that there was no direct link with the School. The age and
vulnerability of the children shown and the distress and pain evidenced were, on any
assessment, such that Mr Martin's actions were at the most serious end of the spectrum.
This was accordingly a case involving the following offences that the Advice states are
likely to be considered a relevant offence:
⢠any activity involving viewing, taking, making, possessing, distributing or
publishing any indecent photograph or image or pseudo photograph or image of a
child, or permitting any such activity, including one off incidents.
Mr Martin's behaviour in committing these offences plainly engaged public and child
protection issues. It had the potential to impact on the safety or security of members of
the public. In short, Mr Martin is [redacted] convicted [redacted].
The panel also took account of the way the teaching profession is viewed by others. The
panel considered that Mr Martin's behaviour in committing these offences would
undoubtedly affect public confidence in the teaching profession, particularly given the
influence that teachers may have on pupils, parents and others in the community. His
conduct ran counter to what should have been at the very core of his practice as a
teacher with a duty of care towards children. It was notable that Mr Martin was the
designated safeguarding lead for the School. Mr Martin clearly failed in his duty to act as
a role model. By virtue of his position, Mr Martin was also in a position of trust and
responsibility. He had abused that position. 10
The panel also took account of the fact that Mr Martin's behaviour ultimately led to a
sentence of imprisonment, which was indicative of the seriousness of the offences
committed. The public and child protection issues engaged by Mr Martin's actions were
also amply demonstrated by the other aspects of the Court's sentence.
The panel did not consider there to be any relevant mitigating circumstances in relation to
the commission of these offences.
In conclusion and for all these reasons, the panel found that the seriousness of the
offending behaviour that led to the conviction was directly relevant to Mr Martin's ongoing
suitability to teach. The panel considered that a finding that this conviction was for
relevant offences was necessary to reaffirm clear standards of conduct so as to maintain
public confidence in the teaching profession.
Panelâs recommendation to the Secretary of State
Given the panelâs findings in respect of a conviction of a relevant offence, it was
necessary for it 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. 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.
In the light of the nature of the offences for which Mr Martin was convicted, there was an
extremely strong public interest consideration in respect of the protection of pupils and
other members of the public, especially considering the serious offences involving
children. Mr Martin was, as a consequence, [redacted] convicted [redacted]. His actions
raised obvious and significant public and child protection concerns, as was clearly
recognised by the Court when imposing sentence.
The panel considered that public confidence in the profession would undoubtedly be very
seriously weakened if conduct such as that found against Mr Martin was not treated with 11
the utmost seriousness when regulating the conduct of the profession. This was conduct
that was, very clearly, at the most serious end of the spectrum.
For the same reasons, the panel decided that a strong public interest consideration in
declaring proper standards of conduct in the profession was also present.
Whilst no doubt had been cast upon Mr Martin's abilities as an educator and there was
evidence he was very well regarded, given the nature of the allegations in this case the
panel concluded that there was not a strong public interest consideration in retaining him
in the profession.
Notwithstanding 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 Martin.
In carrying out the balancing exercise, the panel had regard to the public interest
considerations present as well as the interests of Mr Martin. 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 are relevant in this case are:
⪠any activity involving viewing, taking, making, possessing, distributing or
publishing any indecent photograph or image or pseudo photograph or image of a
child, or permitting such activity, including one-off incidents;
⪠the commission of a serious criminal offence, including those that resulted in a
conviction or caution, paying particular attention to offences that are ârelevant
mattersâ for the purposes of The Police Act 1997 and criminal record disclosures.
⪠serious departure from the personal and professional conduct elements of the
Teachersâ Standards;
⪠actions or behaviours that undermine fundamental British values of democracy,
the rule of law, individual liberty, and mutual respect and tolerance of those with
different faiths and beliefs;
⪠abuse of position and trust; and
⪠sexual misconduct, for example, involving actions that were sexually motivated or
of a sexual nature and/or that use or exploit the trust, knowledge or influence
derived from the individualâs professional position.
Even though some of the behaviour found proved in this case indicated that a prohibition
order would be appropriate, the panel went on to consider the mitigating factors.
Mitigating factors may indicate that a prohibition order would not be appropriate or
proportionate. 12
The panel considered that the following mitigating factors are present in this case:
⢠Mr Martin appeared to have had an otherwise unblemished record.
⢠The panel was presented with some positive evidence as to Mr Martin as a
teacher and as a school community leader, which it carefully considered.
⢠Mr Martin had fully engaged with the TRA and made full admissions.
⢠There was some evidence of regret and shame on his part, as there should be.
Weighed against this, the aggravating features in this case were that:
⢠Mr Martin's actions were deliberate.
⢠There was no clear evidence of insight. It was apparent that Mr Martin did not
plead guilty at the first available opportunity and appeared to still contest aspects
of the charges against him.
⢠His actions amounted to a clear breach of the Teachers' Standards and raised
serious public and child protection concerns.
⢠Mr Martin has been convicted of very serious offences, the majority of which
involved children, and was sentenced to lengthy term of imprisonment, an
indefinite sex offenders notice and a sexual harm prevention order for 10 years.
⢠His actions involved harm and abuse to children.
⢠Mr Martin was the designated safeguarding lead for the School.
⢠Mr Martin was in a leadership position and a position of trust and responsibility. He
was also a role model. He had fallen very far short of the standards expected of
him in that regard.
⢠Mr Martin's actions undoubtedly had a detrimental impact on the School, its pupils
and the local community.
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
order. Recommending that the publication of adverse findings was sufficient would
unacceptably compromise the public interest considerations present in this case, despite
the severity of the consequences for Mr Martin of prohibition. 13
Mr Martin was [redacted] convicted [redacted]. His actions were fundamentally
incompatible with his being an educator. This was conduct of the most serious nature.
The nature and gravity of these offences was a matter of significant concern. There were,
accordingly, particularly strong public interest considerations in this case in terms of
protecting the public, public confidence in the teaching profession and the declaring of
proper standards of conduct in this case.
Mr Martin's behaviour led to him receiving a lengthy sentence of imprisonment, which is
indicative of the seriousness of the offence. The panel noted the following remarks from
the sentencing judge in particular, which amply demonstrate both the seriousness of Mr
Martin's actions and the public and child protection issues this gives rise to:
⢠In relation to the content of chats engaged in by Mr Martin, "they are not repeated
in open court because the courts are not about the business of publicising that
which is so revolting that it should not be published, but you and I know the
content of those chats and you and I know now depraved and revolting and how
bordering on sadistic they are."
⢠"What paedophiles like yourself tend to do, is to think that because they are
looking at images on a screen, that it is not real children who are being abused,
physically, sexually depraved, their innocence ripped away from them and it filmed
so that paedophiles like you can get some sexual pleasure. And thatâs the
seriousness of these offences because the damage that it does to the children is
not only the physical damage, not only the deprivation of their innocence, but it is
the fact that as they grow up and grow older, they have to live with the fact that
paedophiles like yourself have watched them being depraved and abused, and
that is why these offences are so serious. And that is why the content of those
chats is so despicable, particularly when one factors in that itâs all for your sexual
pleasure, when they think that people can sink no lower than to get sexual
enjoyment through the pain, suffering and deprivation of children."
⢠"So thatâs why these offences are so serious, and itâs also very serious that by
virtue of your job as a head teacher in an infant school, you have let down the
community generally. Parents, people who had trust in you, your own family who
sit in court supporting you, although that is serious, make no mistake itâs
secondary to the damage thatâs done to the children."
The panel was therefore of the view that prohibition was both proportionate and
appropriate. The panel decided that the public interest considerations outweighed the
interests of Mr Martin.
Accordingly, it made a recommendation to the Secretary of State that a prohibition order
should be imposed with immediate effect. 14
The panel went on to consider whether or not it would be appropriate to recommend that
a review period of the order should be considered.
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. These behaviours include any activity involving
viewing, taking, making, possessing, distributing or publishing any indecent photograph
or image or pseudo photograph or image of a child. This was, clearly, directly applicable
in this case and Mr Martin's action involved harm and abuse to children.
Whilst Mr Martin appeared to be remorseful and there was some evidence that he was
ashamed of his actions, there was no clear evidence of insight in this case.
The panel decided that the findings indicated a situation in which a review period would
not be appropriate.
The nature and seriousness of the offences in this case necessitated the prohibition
order to be recommended without provision for a review period. The public interest
considerations that Mr Martin's conviction gives rise to were such that this was
necessary, appropriate and proportionate. The panel repeats that, [redacted] Mr Martin's
actions are fundamentally incompatible with his being a teacher.
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 this case, the panel found all of the allegations proven and found that those proven
facts amount to a relevant conviction.
The panel has made a recommendation to the Secretary of State that Mr Martin should
be the subject of a prohibition order, with no provision for a review period.
In particular, the panel found that Mr Martinâs conduct, was, âvery clearly, at the most
serious end of the spectrum.â
The panel found that Mr Martin is 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 15
o having regard for the need to safeguard pupilsâ well-being, in accordance
with statutory provisions
o showing tolerance of and respect for the rights of others
o not undermining fundamental British values, including democracy, the rule
of law, individual liberty and mutual respect, and tolerance of those with
different faiths and beliefs
⪠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 felt that Mr Martinâs âactions were fundamentally incompatible with his being
an educatorâ.
I have noted that the panel took 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 within the Advice, the panel deemed those that are relevant
in this case to be:
⪠any activity involving viewing, taking, making, possessing, distributing or
publishing any indecent photograph or image or pseudo photograph or image of a
child, or permitting such activity, including one-off incidents.
⪠the commission of a serious criminal offence, including those that resulted in a
conviction or caution, paying particular attention to offences that are ârelevant
mattersâ for the purposes of The Police Act 1997 and criminal record disclosures.
⪠serious departure from the personal and professional conduct elements of the
Teachersâ Standards.
⪠actions or behaviours that undermine fundamental British values of democracy,
the rule of law, individual liberty, and mutual respect and tolerance of those with
different faiths and beliefs.
⪠abuse of position and trust.
⪠sexual misconduct, for example, involving actions that were sexually motivated or
of a sexual nature and/or that use or exploit the trust, knowledge or influence
derived from the individualâs professional position.
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 16
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 Martin, 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. I have placed weight on the panelâs view that:
⢠Mr Martin's behaviour led to him receiving a lengthy sentence of imprisonment,
which is indicative of the seriousness of the offence.
⢠The nature and gravity of these offences was a matter of significant concern.
I have also taken into account the panelâs comments on insight and remorse, which the
panel sets out as follows. âThere was no clear evidence of insight. It was apparent that
Mr Martin did not plead guilty at the first available opportunity and appeared to still
contest aspects of the charges against him.â
The panel found that Mr Martinâs âactions were deliberate, his actions involved harm and
abuse to children and undoubtedly had a detrimental impact on the School, its pupils and
the local community.â
In my judgement, the lack of insight means that there is some risk of repetition of this
behaviour and this puts pupils at risk. I have therefore given this element considerable
weight in reaching my decision.
I have gone on to consider the extent to which a prohibition order would maintain public
confidence in the profession. The panel observe that it, âwould not be a proportionate
and appropriate response to recommend no prohibition order. Recommending that the
publication of adverse findings was sufficient, would unacceptably compromise the public
interest considerations present in this case, despite the severity of the consequences for
Mr Martin of prohibition.â
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 âordinary intelligent and well-informed
citizen.â 17
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 conduct that has been found proven in this case.
The panel say that, âwhilst no doubt had been cast upon Mr Martin's abilities as an
educator and there was evidence he was very well regarded, given the nature of the
allegations, in this case the panel concluded that there was not a strong public interest
consideration in retaining him in the profession.â A prohibition order would clearly deprive
the public of his contribution to the profession for the period that it is in force, however I
have placed considerable weight on the panelâs observations that Mr Martinâs âactions
were fundamentally incompatible with his being an educator.â
In my view, it is necessary to impose a prohibition 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 that no provision should be made for a review period.
I have considered that the panel referred to the Advice, in particular where it refers that
âthere are behaviours that, if proved, would militate against the recommendation of a
review period. These behaviours include any activity involving viewing, taking, making,
possessing, distributing or publishing any indecent photograph or image or pseudo
photograph or image of a child.â
The panel observed that âthis was, clearly, directly applicable in this case and Mr Martin's
action involved harm and abuse to children.â
The panel also observed that âwhilst Mr Martin appeared to be remorseful and there was
some evidence that he was ashamed of his actions, there was no clear evidence of
insight in this case.â
I have noted that the panel decided âthat the findings indicated a situation in which a
review period would not be appropriate.â
I have considered whether a no review period reflects the seriousness of the findings and
is a proportionate period to achieve the aim of maintaining public confidence in the
profession. In this case, I have placed weight on the panelâs view that âthe nature and
seriousness of the offences in this case necessitated the prohibition order to be
recommended without provision for a review period.â 18
I have therefore concluded that a prohibition order is necessary with no provision for a
review period. I consider that allowing for no review period is necessary to maintain
public confidence and is proportionate and in the public interest.
This means that Mr Alexander Martin is prohibited from teaching indefinitely and
cannot teach in any school, sixth form college, relevant youth accommodation or
childrenâs home in England. Furthermore, in view of the seriousness of the allegationâs
found proved against him, I have decided that Mr Martin shall not be entitled to apply for
restoration of his eligibility to teach.
This order takes effect from the date on which it is served on the teacher.
Mr Alexander Martin has a right of appeal to the Queenâs Bench Division of the High
Court within 28 days from the date he is given notice of this order.
Decision maker: John Knowles
Date: 9 June 2021
This decision is taken by the decision maker named above on behalf of the Secretary of
State.
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