Full PDF Document Transcript Search
Mr Aqib Khan
Professional conduct
panel meeting outcome
Panel decision and reasons on behalf of the
Secretary of State for Education
March 2024
2
Contents
Introduction 3
Allegations 4
Preliminary applications 7
Summary of evidence 7
Documents 7
Statement of agreed facts 7
Decision and reasons 7
Findings of fact 8
Panelâs recommendation to the Secretary of State 11
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 Aqib Khan
Teacher ref number: 1847631
Teacher date of birth: 9 July 1993
TRA reference: 21592
Date of determination: 15 March 2024
Former employer: Harborne Academy, Birmingham
Introduction
A professional conduct panel (âthe panelâ) of the Teaching Regulation Agency (âthe
TRAâ) convened virtually on Microsoft Teams, to consider the case of Mr Aqib Khan.
The panel members were Mr Ian McKim (lay panellist in the chair), Ms Laura Flynn
(teacher panellist) and Mrs Val Simpson (lay panellist).
The legal adviser to the panel was Mr Jermel Anderson 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 Khan that the allegations be
considered without a hearing. Mr Khan provided a signed statement of agreed facts and
admitted unacceptable professional conduct and conduct that may bring the profession
into disrepute.
The panel considered the case at a meeting without the attendance of the presenting
officer, Emma Dowd of Capsticks LLP, or Mr Khan.
The meeting took place in private.
4
Allegations
The panel considered the allegations set out in the notice of meeting dated 13 March
2024.
It was alleged that Mr Aqib Khan was guilty of unacceptable professional conduct and
conduct that may bring the profession into disrepute in that:
You are guilty of unacceptable professional conduct and/ or conduct that may bring the
profession into disrepute in that, while employed as a teacher at Harborne Academy (âthe
Schoolâ) between May 2021 and March 2023:
1. You made one or more comments, as listed within Schedule 1, on a Microsoft
Teams group chat which included pupil(s) from the School.
2. You made one or more of the comments as listed within Schedule 2.
3. You failed to maintain professional boundaries with pupil(s) in one or more of the
following ways:
a. Discussed dating and/or how to âget girlsâ;
b. Discussed your personal life;
c. You showed Student H a topless photo of yourself and/or a photo of you âflexing
your musclesâ
Schedule 1 Reads:
20.09 at 19:33
âAlso, practically, because sheâs a girl sheâs lucky. If she marries a good guy she can
work or not work âits her choice. Her husband will support her either way. Itâll take
pressure off of her to pick a career.â
âFind a good guy to marry (girls in their early 20s find this easiest) â then youâll the (sic
have the freedom to work not work. So itâll take pressure off of finding a career and you
can choose to do it at your own paceâ (107)
25.11 at 14:40
Teacher:â Yeah but I think its because of this // What ruined him // Why you donât marry
a modern girl [youtube link]â
Pupil: âSir why u going pak just get one here // Takes foreverâ
Teacher: âHalf are nuts and the other half donât like me.â (100)
29.11 at 16:23-16:25
Pupil: my bad sir // Inshallah Iâll be in for ur class next time yeâ
Teacher: âWas good went after feminism today Thursday ill finish emâ (111)
29.11 at 17:40
âNatural selection increasing our numbers as a result.
[image] 5
By 2050 the whole of UK, France and Germany will look like Birminghamâ (106)
29.11 at 18:57
âThe number of Muslims went up 44% in 10 years. Everyone else is falling or growing at
a snailâs pace. Traditional values > liberalismâ (101)
01.12 at 20:05
âWhite women enjoying life under shariah lolâ under a picture of a news article which
states âAlcohol ban helps female fans enjoy hassle-free football in Qatarâ. (102)
29.11 to 01.12
âtheyâre trying to stop us, but its inevitable.
[news article titled âSwedenâs selective ban on religious schools singles out Islamic
onesâ].
[Statistics titled âReligion of Birmingham residents, 2021â]
They have to cope with it, we can pour their tears into our karak chaâ. (101)
03.12 at 13:14
âFeminism was designed to make women work instead of having a husband and children
// Because that way the government can tax them and make moneyâŚModern society is
designed to get girls and turn them into this for the governments and banks: [picture of
battery]â
ââŚJust remember this. Just stick to our values â and let them believe in their beliefs and
were just going to replace everyone else even fasterâ. (103)
03.12 at 13:36
âFeminism teaches women are equal and discourages motherhood and being a wifeâ
âIslam teaches women are x3 more valuable than men if theyâre good mothers and wives
(and they can work if they want to)â (105)
05.12 at 00:22
âMore religious girls have more kids, are happier and sleep with their partners moreâ
âGirls in their 30s are 10x more likely to have a kid born with autism than of(sic) theyâre
25 // At 30 youâre ½ as likely to have a kid than if youâre 25 // Just donât leave it late if
youâre a girl // Knew a girl that was a doctor and 30 // She couldnât get married for that
reason // For guys 25-30 is ideal // sperm quality dips near 40 I thinkâ (105)
05.12
âBe quiet you low casteâ (119)
ââŚdonât ever attack a girl. EVER. Verbally emotionally. Youâre meant to treat them like
queens as long as theyâre good girls. If theyâre westernized lunatics just ignore them.â
(119)
âwere you the product of a sibling marriageâ (123)
ââŚnothing we ever do is good enough. Look at this chart by the UN. Suicide rates by
religion. Muslims have by far the worldâs lowest suicide rates. Islam is literally good for
your mental health. But if you show a liberal theyâll makeâŚâ (121)
âAsians (33%) are more likely to be earning over ÂŁ1000 a week then white people (29%)â
(120) 6
Schedule 2 read:
a) Said words to the effect of âif you believe in feminism, if you believe in aborting
babies, in man and man and woman being married, if you believe in working until
you are 35 years old and not having any children. If you believe all this stuff, thatâs
fine, believe in it. But I am telling you one fact, youâre going to get replaced by
Muslims even faster, they will replace you even fasterâ. (136)
b) Said words to the effect of âgirls can become doctors, but just make sure in those
years, you get married. Because after that, no more guys will find you attractive, and
then you are just left in the standsâ (138)
c) Said words to the effect of âright, you probably know this yeah, but if you ever walk
through Birmingham have you seen how many shops and businesses are owned by
Asians, do you know how we do it, our secret?...we look after our parents, listen. I
live with my mom and dad yeah, Iâm paying for them, all the money I make every
month, Iâm saving it. If I moved out, that moneys going on rent or a mortgage.â (138)
d) Said words to the effect of, âgirls, if you are 35 and having a child that child is 10
times more likely to be born disabled then if at 25âŚif you are 30, the chances of you
having a kid goes down by half than if you are 25. Thatâs why guys find girls more
attractiveâŚmost girls marry guys older than them, itâs just biology.â (139)
e) Said words to the effect of, âwomen claim they got certain beneďŹts. Why are they
doing that? They are promoting this on purpose, donât get married, donât have kids
because that way you have to work and that way the government can tax you. If you
are married, your husband can support you, you donât have to work. They donât like
that. Thereâs your answer.â (140)
f) In response to comments made by pupils regarding:
i) woman paying for child care and/or
ii) individuals âsleeping aroundâ
you said this was âharamâ or words to that affect.
g) Said words to the effect of, âwomen want a man who can dominate them and look
after them as they canât look after themselves.â
h) Said words to the effect of, âIn Saudi Arabia, women are 10x less likely to be raped
than in America.â (155)
i) Said words to the effect of, âlove marriages are more likely to end in divorces than
arranged marriages.â (155)
j) Said words to the effect of, âa baby over 30 was worse than a cousin marriage and
that the child will most likely have disabilitiesâ. (155)
7
k) Said words to the effect of âif a girl sleeps with one guy before marriage the divorce
rate is 25% and if she sleeps with three guys before marriage, this went up to 75%â
(156)
l) Said words to the effect of, âOne time, [the Teacher] told us that he rejected a
woman doctor who was the same age as him because she earned about 70k and he
canât be with a woman who earns more than him.â (155)
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 anonymised pupil list â pages 4 to 6
Section 2: Notice of proceedings and response â pages 7 to 32
Section 3: Teaching Regulation Agency witness statements â pages 33 to 40
Section 4: Teaching Regulation Agency documents â pages 41 to 283
Section 5: Teacher documents â pages 284 to 288
Statement of agreed facts
The panel considered a statement of agreed facts which was signed by Mr Khan on 27
February 2024.
Decision and reasons
The panel announced its decision and reasons as follows:
The panel carefully considered the case and reached a decision.
In advance of the meeting, the TRA agreed to a request from Mr Khan 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. 8
The panel were provided with a bundle by the TRA in advance of the hearing. The bundle
included a chronology, a statement of agreed facts, and representations of the TRA. The
TRA also provided the referral form in addition to multiple employment related
documents. Transcripts of audio recordings pertaining to incidents within the classroom
were also provided. The recordings were also supplemented by relevant referral
documentation. The panel were also provided with representations made by Mr Khan in
relation to these proceedings.
Mr Khan started his job at Harborne Academy in December 2020 where he was
employed as an English Teacher. He also ran an afterschool club for pupils. He was
reported to the school by a member of staff who recorded concerns about his conduct
with students on the schoolâs safeguarding portal, MyConcern. The school subsequently
conducted an internal investigation, which was lead by [REDACTED] who is the
[REDACTED]. The School interviewed several pupils and noted that his conduct included
the suggestion of inappropriate religious views as well as harmful comments that pertain
to dating and relationships. The School also found significant evidence of this through
Microsoft Teams messages exchanged between Mr Khan and several pupils. The matter
was subsequently referred to the TRA.
Findings of fact
The findings of fact are as follows:
The Panel found Allegation 1, Allegation 2, Allegation 3a, Allegation 3b and Allegation 3c
proved.
The panel found the following particulars of the allegations against you proved, for these
reasons:
The allegations were admitted and was supported by evidence presented to the panel
within the bundle, the allegations were therefore, found proved.
The considerations made by the panel were as follows:
You are guilty of unacceptable professional conduct and/ or conduct that may
bring the profession into disrepute in that, while employed as a teacher at
Harborne Academy (âthe Schoolâ) between May 2021 and March 2023:
1. You made one or more comments, as listed within Schedule 1, on a Microsoft
Teams group chat which included pupil(s) from the School.
The panel had sight of Schedule 1 which set out the Microsoft Teams chats. It also
considered the statement of agreed facts, and representations made by Mr Khan. The
panel felt, given the statement of agreed facts and also the messages within Schedule 1, 9
they could find on balance of probabilities that this allegation occurred.
Accordingly the panel found Allegation 1 proved.
2. You made one or more of the comments as listed within Schedule 2
The panel reviewed Schedule 2. It also considered the statement of agreed facts, and
representations made by Mr Khan. The panel acknowledged that there were multiple
sources for these messages and had particular regard for the transcripts that they were
provided with. The panel felt that given their consistency with the admissions, it could
afford significant weight to the transcripts. It therefore found it more likely than not that
these comments were made.
Accordingly the panel found Allegation 2 proved.
3. You failed to maintain professional boundaries with pupil(s) in one or more of
the following ways:
a. Discussed dating and/or how to âget girlsâ;
b. Discussed your personal life;
c. You showed Student H a topless photo of yourself and/or a photo of you âflexing
your musclesâ
The panel took consideration of all 3 sub-limbs of this allegation at the same time. It
considered that the statement of agreed facts supported the allegation, given the other
corroborative evidence. The panel also saw broad discussions which pertained to the
topics referred to in the sub-limbs reflected within the evidence. The panel had direct
regard for the subject matter expressed throughout Mr Khanâs communication with pupils
and felt that the subjects of dating and romantic life were consistent throughout the
evidence. In addition to this, the panel were satisfied that the evidence showed advice
from Mr Khan to pupils on how to âget girlsâ. The panel were also satisfied it was more
likely than not that he had shown images to Student H including a topless photo of
himself.
The panel therefore found Allegation 3 proved.
Findings as to unacceptable professional conduct and conduct that
may bring the profession into disrepute
Having found all of the allegations proved, the panel went on to consider whether the
facts of those proved allegations amounted to unacceptable professional conduct and/or
conduct that may bring the profession into disrepute. 10
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 the conduct of Mr Khan in relation to the facts found proved,
involved breaches of the Teachersâ Standards. The panel considered that, by reference
to Part 2, Mr Khan was in breach of the following standards:
ď§ 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 teacherâs
professional position
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
o ensuring that personal beliefs are not expressed in ways which exploit
pupilsâ vulnerability or might lead them to break the law
ď§ Teachers must have proper and professional regard for the ethos, policies and
practices of the school in which they teach
ď§ Teachers must have an understanding of, and always act within, the statutory
frameworks which set out their professional duties and responsibilities.
The panel was satisfied that the conduct of Mr Khan fell significantly short of the
standards expected of the profession.
The panel also considered whether Mr Khanâs conduct displayed behaviours associated
with any of the offences listed on pages 10 and 11 of the Advice.
The panel found that none of these offences was relevant.
The panel found that Mr Khanâs actions amounted to unacceptable professional conduct.
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 pupilsâ lives and the fact that pupils must be able to view teachers as role models
in the way they behave. 11
The panel therefore found that Mr Khanâs actions constituted conduct that may bring the
profession into disrepute.
Having found the facts of particulars of all allegations proved, the panel found that Mr
Khanâs conduct amounted to both unacceptable professional conduct and conduct that
may bring the profession into disrepute.
Panelâs recommendation to the Secretary of State
Given the panelâs 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. 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
safeguarding and wellbeing of pupils and the protection of 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 panelâs findings against Mr Khan which involved multiple instances of
crossing professional boundaries through inappropriate communication with students, the
panel found that there was a strong public interest consideration in all of the public
interest factors as identified.
There was a strong public interest consideration in respect of the protection of pupils
given the acceptance by Mr Khan that he had transgressed the appropriate boundaries
with pupils.
Similarly, the panel considered that public confidence in the profession could be seriously
weakened if conduct such as that found against Mr Khan were not treated with the
utmost seriousness when regulating the conduct of the profession.
The panel decided that a strong public interest consideration in declaring proper
standards of conduct in the profession was also present as the conduct found against Mr
Khan was outside that which could reasonably be tolerated. 12
The panel considered that there may be a public interest in any young hardworking
teacher remaining within the profession. It accepted that this may be an appropriate way
to characterise Mr Khan, based upon his representations. However, the panel felt that Mr
Khanâs behaviour had undermined the suggestion that he was currently in a position to
make a valuable contribution to the profession, as it did not consider that he was
demonstrating sufficient reflection and insight in relation to his conduct. Additionally, the
panel were mindful of the other public interest considerations in the case and it felt that
they significantly outweighed any public interest that there may be in retaining Mr Khan
within 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 Khan.
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
Khan. 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:
ď§ serious departure from the personal and professional conduct elements of the
Teachersâ Standards;
ď§ misconduct seriously affecting the education and/or safeguarding and well-being
of pupils, and particularly where there is a continuing risk;
ď§ abuse of position or trust (particularly involving pupils);
ď§ Undermining fundamental British values including individual liberty, mutual respect
and tolerance of those with different faiths and beliefs.
Mitigation â as per the list in the Teacher Misconduct â The Prohibition of Teachers
Advice
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.
There was no evidence that Mr Khanâs actions were not deliberate.
There was no evidence to suggest that Mr Khan was acting under duress, and, in fact,
the panel found his actions to be calculated and motivated.
The panel did consider Mr Khanâs workload and the fact that, as he addressed through
his representations, he was working in particularly stressful conditions. It was also 13
mindful of the fact that it had been shown no evidence by the TRA that he was subject to
any prior disciplinary or investigatory proceedings.
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 Khan 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
Khan. The risk of safeguarding to pupils was of significant concern, given the panelâs
view that there was a lack of appreciation of the potential for harm to pupils shown within
Mr Khanâs representations. 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 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. However, none of these behaviours were present.
The panel also considered the material within The Advice that indicates that there are
factors that are likely to demonstrate that the public interest will have greater relevance
and weigh in favour of a longer period before a review is considered appropriate.
However, none of these factors were present. The panel therefore found that this
indicated that a shorter review period is appropriate.
The panel felt that Mr Khan had shown a degree of insight into his actions within the
representations that he provided. It felt concerned however, that he was to some degree
seeking to justify behaviours that clearly crossed professional boundaries, by providing
explanations that seemed somewhat implausible. It was particular concerned by his
insistence that his inappropriate remarks were contextually linked to texts that the class
were being taught. Accordingly, the panel felt that Mr Khan still has some work to do in
terms of reflecting upon his conduct and taking the appropriate steps to remedy his
behaviour. 14
The panel decided that the 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.
The panel determined that a 2 year review period would be appropriate and
proportionate.
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 all 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.
The panel has made a recommendation to the Secretary of State that Mr Aqib Khan
should be the subject of a prohibition order, with a review period of two years.
In particular, the panel has found that Mr Khan 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
o treating pupils with dignity, building relationships rooted in mutual respect,
and at all times observing proper boundaries appropriate to a teacherâs
professional position
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
o ensuring that personal beliefs are not expressed in ways which exploit
pupilsâ vulnerability or might lead them to break the law
⢠Teachers must have proper and professional regard for the ethos, policies and
practices of the school in which they teach 15
⢠Teachers must have an understanding of, and always act within, the statutory
frameworks which set out their professional duties and responsibilities.
The panel finds that the conduct of Mr Khan fell significantly short of the standards
expected of the profession.
The findings of misconduct are serious as they include a breach of professional
boundaries with pupils.
I have to determine whether the imposition of a prohibition order is proportionate and in
the public interest. In assessing 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 Khan, and the impact that will have on
the teacher, is proportionate and in the public interest.
In this case, I have considered the extent to which a prohibition order would protect
children and safeguard pupils. The panel has observed, âThere was a strong public
interest consideration in respect of the protection of pupils given the acceptance by Mr
Khan that he had transgressed the appropriate boundaries with pupils.â A prohibition
order would therefore prevent such a risk from being present in the future.
I have also taken into account the panelâs comments on insight and remorse, which it
sets out as follows:
âThe panel felt that Mr Khan had shown a degree of insight into his actions within the
representations that he provided. It felt concerned however, that he was to some degree
seeking to justify behaviours that clearly crossed professional boundaries, by providing
explanations that seemed somewhat implausible. It was particular concerned by his
insistence that his inappropriate remarks were contextually linked to texts that the class
were being taught. Accordingly, the panel felt that Mr Khan still has some work to do in
terms of reflecting upon his conduct and taking the appropriate steps to remedy his
behaviour.
In my judgement, the lack of evidence of full insight means that there is some risk of the
repetition of this behaviour and this puts at risk the future wellbeing of pupils. 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: 16
âThe 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 pupilsâ lives and the fact that pupils must be able to view teachers as role models
in the way they behave.
The panel therefore found that Mr Khanâs actions constituted conduct that may bring the
profession into disrepute.â
I am particularly mindful of the nature of Mr Khanâs communications as considered under
allegations 1 and 2, and the potential negative impact that the sentiments expressed
could have 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 âordinary intelligent and well-informed
citizen.â
I have considered whether the publication of a finding of unacceptable professional
conduct and conduct likely to bring the profession into disrepute, 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 Khan himself. The panel
note that it ââŚdid consider Mr Khanâs workload and the fact that, as he addressed
through his representations, he was working in particularly stressful conditions. It was
also mindful of the fact that it had been shown no evidence by the TRA that he was
subject to any prior disciplinary or investigatory proceedings.â Elsewhere, the panel note
that Mr Khan could be characterised as a âhard-working young teacherâ. However, the
panel do not record having seen evidence that Mr Khan has made an outstanding
contribution to the profession.
A prohibition order would prevent Mr Khan 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 panelâs comments regarding the
lack of evidence that Mr Khan has attained full insight into his behaviour which clearly
breached professional boundaries.
I have given less weight in my consideration of sanction therefore, to the contribution that
Mr Khan 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, that is not backed up by full remorse or insight, 17
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 two-year review period.
I have considered the panelâs comments:
âThe panel also considered the material within The Advice that indicates that there are
factors that are likely to demonstrate that the public interest will have greater relevance
and weigh in favour of a longer period before a review is considered appropriate.
However, none of these factors were present. The panel therefore found that this
indicated that a shorter review period is appropriate.â
The panel go on to record that it ââŚdecided that the 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.â
I have considered whether a two-year 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 agree with the panel that a two-year review period would
be sufficient to achieve the aim of maintaining public confidence in the profession.
I consider therefore that a two-year review period is required to satisfy the maintenance
of public confidence in the profession.
This means that Mr Aqib Khan is prohibited from teaching indefinitely and cannot
teach in any school, sixth form college, relevant youth accommodation or
childrenâs home in England. He may apply for the prohibition order to be set aside, but
not until 18 March 2026, two 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 Khan remains prohibited from teaching indefinitely.
This order takes effect from the date on which it is served on the teacher.
Mr Aqib Khan has a right of appeal to the Kingâs Bench Division of the High Court within
28 days from the date he is given notice of this order.
Decision maker: Marc Cavey 18
Date: 18 March 2024
This decision is taken by the decision maker named above on behalf of the Secretary of
State.
Loading comments...