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OFFICIAL - FOR PUBLIC RELEASE
OFFICIAL - FOR PUBLIC RELEASE
Mr
Benjamin Lillicrap:
Professional conduct
panel meeting outcome
Panel decision and reasons on behalf of the
Secretary of State for Education
March 2026
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Contents
Introduction 3
Allegations 4
Summary of evidence 4
Documents 4
Statement of agreed facts 4
Decision and reasons 5
Findings of fact 6
Panelâs recommendation to the Secretary of State 11
Decision and reasons on behalf of the Secretary of State 14 3
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Professional conduct panel decision and recommendations, and decision on
behalf of the Secretary of State
Teacher: Mr Benjamin Lillicrap
Teacher ref number: 0760930
Teacher date of birth: 24 May 1985
TRA reference: 23350
D
ate of determination: 30 March 2026
For
mer employer: The Abbey School, Kent
Introduction
A professional conduct panel (âthe panelâ) of the Teaching Regulation Agency (âthe
TRAâ) convened on 30 March 2026 by way of a virtual meeting, to consider the case of
Mr Benjamin Lillicrap.
The panel members were Mrs Bernie Whittle (teacher panellist â in the chair), Mrs Ashley
Emmerson (teacher panellist) and Ms Cathryn Tillman (lay panellist).
The legal adviser to the panel was Ms Surbhi Shah of Birketts LLP solicitors.
I
n advance of the meeting, after taking into consideration the public interest and the
interests of justice, the TRA agreed to a request from Mr Lillicrap that the allegations be
considered without a hearing. Mr Lillicrap provided a signed statement of agreed facts
and admitted unacceptable professional conduct and/or conduct that may bring the
profession into disrepute. The panel considered the case at a meeting without the
attendance of the presenting officer Mr Jordan Wilford of Browne Jacobson, Mr Lillicrap,
or any representative for Mr Lillicrap.
The meeting took place in private. 4
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Allegations
The panel considered the allegations set out in the notice of meeting dated 12 January
2026.
It was alleged that Mr Lillicrap was guilty of unacceptable professional conduct and/or
conduct that may bring the profession into disrepute, in that whilst employed as a teacher
at The Abbey School in Kent (âthe Schoolâ) between July 2023 and February 2024:
1. He engaged in inappropriate and/or unprofessional behaviour in that he took one
or more images of his genitalia on school premises; and
2. His behaviour as may be found proven at 1 above was conduct of a sexual nature
and/or was sexually motivated.
Summary of evidence
Documents
In advance of the hearing, the panel received a bundle of documents which included:
Section 1: Notice of Proceedings and response â pages 5 to 15
Section 2: Statement of Agreed Facts and PO submissions â pages 17 to 22
Section 3: Witness statements â pages 24 to 47
Section 4: Documents â pages 49 to 213
The panel members confirmed that they had read all of the documents within the bundle,
in advance of the hearing.
In the consideration of this case, the panel had regard to the document Teacher
misconduct: Disciplinary procedures for the teaching profession 2020, (the âProceduresâ).
Statement of Agreed Facts
The panel considered a statement of agreed facts which was signed by Mr Lillicrap on 2
November 2025 and signed by the presenting officer on 2 October 2025.
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Decision and reasons
The panel announced its decision and reasons as follows:
The panel carefully considered the case before it and reached a decision.
In advance of the meeting the TRA agreed to a request from Mr Lillicrap 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.
On 20 July 2023, Mr Benjamin Lillicrap commenced employment as a teacher of science
at the School.
In November 2023, during a police investigation into an unrelated matter, officers
discovered multiple indecent images of Mr Lillicrapâs genitalia that had been taken on the
School premises during school hours.
On 20 November 2023 Mr Lillicrap did not attend work. The School had been notified that
Mr Lillicrap [REDACTED].
On 21 November 2023, the School (by telephone) suspended Mr Lillicrap pending the
police investigation.
The School also contacted the LADO for safeguarding advice.
On 22 November 2023, the LADO informed the School that police had confirmed the
discovery of indecent images taken on the School site, as well as historic indecent
images taken at previous schools. The LADO advised the School to proceed with a
disciplinary investigation without delay.
On 11 December 2023, the School held an investigation meeting with Mr Lillicrap. During
this meeting, Mr Lillicrap admitted that he had taken indecent images of his genitalia on
school premises during the school day and stated that the images were intended for
[REDACTED]. Mr Lillicrap stated that no students had been present when he had taken
the images.
On 9 February 2024, the School issued to Mr Lillicrap a formal invitation to a disciplinary
hearing relating to allegations of gross misconduct arising from the taking of indecent
images on school premises. On 27 February 2024, Mr Lillicrap was summarily dismissed
for gross misconduct.
The matter was referred to the TRA on 7 March 2024.
The CPS informed the police that no criminal charges would be authorised, and the
police investigation concluded with no further action. 6
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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. You engaged in inappropriate and/or unprofessional behaviour in that you
took one or more images of your genitalia on school premises
The panel considered the statement of agreed facts, signed by Mr Lillicrap on 2
November 2025. In this statement of agreed facts, Mr Lillicrap admitted allegation 1 and
further admitted that the facts of the allegation amounted to unprofessional conduct and
conduct that may bring the profession into disrepute. Notwithstanding this, the panel
made a determination based on the facts available to it.
The panel considered the written statement of Individual A dated 30 April 2025. Individual
A stated that Mr Lillicrapâs phone had been seized and later reviewed. Individual A stated
that his [REDACTED], on scrolling through Mr Lillicrapâs phone, âfound loads of images of
him taking what are commonly called âdick picsâ that he had sent his [REDACTED]. The
panel noted the comment from Individual A in his statement about the location of the
pictures as the images âhad been taken with brick buildings in the background which
looked like the location of a schoolâ.
Individual A stated that he and his [REDACTED] then went into the location settings of a
picture to see where the picture was taken. In doing this they found that the location was
in the School where Mr Lillicrap worked and noted that the time the picture was taken
was during school hours. Individual A stated that he specifically remembered two
pictures, one being in the office and one in the School grounds but would say there were
upwards of five or six.
The panel considered [REDACTED], meeting notes of his meeting with Mr Lillicrap dated
11 December 2023. When asked whether the LADO was correct that there was
inappropriate imagery of himself on his phone, in the School grounds time-stamped
during the school day, Mr Lillicrap initially stated that he could not remember. It is
recorded that Mr Lillicrap when asked directly, âHave you taken any pictures of your penis
during school time?â stated that he had. Mr Lillicrap stated that any such photos were
only shared with [REDACTED]. He also stated that no children were in the room when he
took the photos, and that he would not have registered the time as he would have been
in a conversation with [REDACTED]. Mr Lillicrap apologised for taking the photos on
School grounds but said that they were for [REDACTED] and stated âIt was never
anything that was meant to come to lightâ. 7
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The panel considered the written statement of [REDACTED] dated 29 April 2025.
[REDACTED] stated that, further to Mr Lillicrap not attending work, subsequent
information came from the LADO regarding images found on Mr Lillicrapâs phone.
[REDACTED] stated that although the LADO only mentioned images, he inferred that
these were inappropriate, as the LADO stated that the discovery of these images was the
reason for the suspension remaining in place.
[REDACTED] stated that he, Mr Lillicrap and [REDACTED], met at the Faversham
Centre on 11 December 2023 to check on Mr Lillicrapâs wellbeing, to clarify details of and
review his suspension, and to ask questions about the images on Mr Lillicrapâs phone.
[REDACTED] stated that when Mr Lillicrap was asked if he had taken pictures of his
genitalia, Mr Lillicrap stated âhe had taken such images of himselfâ. Mr Lillicrap also
stated he shared pictures of himself with [REDACTED]. [REDACTED] stated that he and
[REDACTED] asked whether students were present when he took the pictures and Mr
Lillicrap responded that there were no students present.
After examining the documents before the panel and the admissions in the signed
statement of agreed facts, the panel was satisfied, on the balance of probabilities, that Mr
Lillicrap had taken one or more images of his genitalia on School premises. The panel
considered that this was both inappropriate and unprofessional behaviour.
Given its findings, the panel found allegation 1 proven.
2. Your behaviour as may be found proven at 2 above was conduct of a sexual
nature and/or was sexually motivated.
The panel considered the statement of agreed facts, signed by Mr Lillicrap on 2
November 2025. In this statement of agreed facts, Mr Lillicrap admitted allegation 2 and
further admitted that the facts of the allegation amounted to unprofessional conduct and
conduct that may bring the profession into disrepute. Notwithstanding this, the panel
made a determination based on the facts available to it.
The panel first considered whether the conduct in 1 above, as found proven, was conduct
of a sexual nature.
The panelâs attention was drawn to section 78 of the Sexual Offences Act 2003. The
panel considered the definition of what conduct is or is not to be regarded as âsexualâ.
The panel noted the definition of âsexualâ in section 78 of the Sexual Offences Act 2003
which states:
âpenetration, touching or any other activity is sexual if a reasonable person would
consider that (a) whatever its circumstances or any person's purpose in relation to it, it is
because of its nature sexual, or (b) because of its nature it may be sexual and because
of its circumstances or the purpose of any person in relation to it (or both) it is sexual.â 8
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Mr Lillicrap took images of his genitalia on school premises during the school day and
shared them with [REDACTED]. The panel found that any reasonable person would
consider these actions to be of a sexual nature.
The panel concluded that Mr Lillicrapâs conduct at allegation 1 was conduct of a sexual
nature, as taking images of his genitalia on School premises was, by its very nature,
sexual.
The panel then went on to consider whether Mr Lillicrapâs conduct was sexually
motivated. It noted guidance from Basson v General Medical Council [2018] that:
âA sexual motive means that the conduct was done either in pursuit of sexual gratification
or in pursuit of a sexual relationship.â
The panel further noted that in General Medical Council v Haris [2021], the Judge
provided that:
âIn the absence of a plausible innocent explanation for what he did, the facts spoke for
themselves. A sexual motive was plainly more likely than not; I would go so far as to say
that that inference was overwhelming.â
The panel considered whether there was a plausible innocent explanation for the conduct
as found proven at allegation 1. The panel found no plausible innocent explanation for
the conduct. The panel noted Mr Lillicrapâs evidence, that he had taken the pictures for
[REDACTED]. They also noted that Mr Lillicrap admitted that this was done in pursuit of
sexual gratification, and that he accepted he was sexually motivated when he engaged in
this conduct. The panel concluded that Mr Lillicrap, when taking images of his genitalia
on School premises and sharing these with [REDACTED] was wrongly focused on his
own sexual gratification rather than on his teaching responsibilities.
The panel concluded that on the balance of probabilities, Mr Lillicrapâs conduct as found
proven at allegation 1, was both of a sexual nature and sexually motivated.
Given this, and its findings in respect of allegation 1, the panel found allegation 2 proven.
Findings as to unacceptable professional conduct and/or 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.
In doing so, the panel had regard to the document Teacher misconduct: The prohibition
of teachers, which is referred to as âthe Adviceâ. 9
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The panel first considered whether the conduct of Mr Lillicrap, in relation to the facts
found proved, involved breaches of the Teachersâ Standards. The panel considered that,
by reference to Part 2, Mr Lillicrap was in breach of the following standards:
⢠Teachers uphold public trust in the profession and maintain high standards of
ethics and behaviour, within and outside school, by
o treating pupils with dignity, building relationships rooted in mutual respect,
and at all times observing proper boundaries appropriate to a teacherâs
professional position;
o having regard for the need to safeguard pupilsâ well-being, in accordance
with statutory provisions; and
o showing tolerance of and respect for the rights of others.
⢠Teachers must have proper and professional regard for the ethos, policies and
practices of the school in which they teach, and maintain high standards in their
own attendance and punctuality.
⢠Teachers must have an understanding of, and always act within, the statutory
frameworks which set out their professional duties and responsibilities.
The panel found that Mr Lillicrapâs behaviour showed no regard to safeguarding of
students, or the potential risk of students, colleagues and / or members of the public
finding him taking images of his genitalia when on School premises. The panel found that
this was not an appropriate way for a teacher to behave and he failed to observe the
boundaries appropriate to his role as a teacher.
The panel also noted that student have the right to be educated in a safe environment
and that teachers have a duty of care to ensure that this is the case. By behaving in this
way Mr Lillicrap did not provide a safe environment for the students.
The panel also considered the Schoolâs code of conduct paragraph 4.3 which states that
âPersonal property of a sexually explicit nature such as books, magazines, DVDs or such
material on any electronic media must not be brought onto the Academies premises or
stored on Academy equipmentâ. Mr Lillicrap had sexually explicit images on his personal
phone which was in his possession the School premises during the school day. The
panel considered this to be a clear breach of the Schoolâs code of conduct.
The panel also considered that Mr Lillicrap taking images of his genitalia when on School
premises, was also a breach of the requirements set out in KCSIE page 6 paragraph 2
which states that âSafeguarding and promoting the welfare of children is everyoneâs
responsibility. Everyone who comes into contact with children and their families has a
role to play. In order to fulfil this responsibility effectively, all practitioners should make
sure their approach is child centred. This means that they should consider, at all times,
what is in the best interests of the childâ. 10
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Further, the panel noted that KCSIE at paragraph 7 states that âAll staff have a
responsibility to provide a safe environment in which children can learnâ. In seeking his
own sexual gratification on School premises and during the School day, as found proved
above, Mr Lillicrap did not consider the best interests of the students, nor did he provide
a safe environment in which students could learn.
The panel also considered whether Mr Lillicrapâs conduct displayed behaviours
associated with any of the offences listed on pages 12 and 13 of the Advice.
The Advice indicates that where behaviours associated with such an offence exist, a
panel is likely to conclude that an individualâs conduct would amount to unacceptable
professional conduct.
The panel found that the offence of sexual activity was relevant.
For these reasons, the panel was satisfied that the conduct of Mr Lillicrap amounted to
misconduct of a serious nature which fell significantly short of the standards expected of
the profession.
Accordingly, the panel was satisfied that Mr Lillicrap was guilty of unacceptable
professional conduct.
In relation to whether Mr Lillicrapâs actions amounted to conduct that may bring the
profession into disrepute, the panel took into account the way the teaching profession is
viewed by others. It 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 that they behave.
The panel concluded that, by behaving in a manner that is sexually motivated with the
aim of sexual gratification, Mr Lillicrapâs behaviour fell significantly short of behaviour
which is expected of a teacher. The panel found that this would significantly damage the
publicâs perception of teachers who it noted should act as role models in the way they
behave.
In considering the issue of disrepute, the panel also considered whether Mr Lillicrapâs
conduct displayed behaviours associated with any of the offences in the list that begins
on page 12 of the Advice. As set out above, in the panelâs findings as to whether Mr
Lillicrap was guilty of unacceptable professional conduct, the Panel found that the
offence type of sexual activity was relevant.
For these reasons, the panel found that Mr Lillicrapâs actions constituted conduct that
may bring the profession into disrepute. 11
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Panelâs recommendation to the Secretary of State
Given the panelâs findings in respect of unacceptable professional conduct/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, 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 Lillicrap, which involved taking images of his
genitalia on the School premises during the school day, there was a strong public interest
consideration in the safeguarding and wellbeing of pupils.
Similarly, the panel considered that public confidence in the profession could be seriously
weakened if conduct such as that found against Mr Lillicrap were not treated with the
utmost seriousness when regulating the conduct of the profession.
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
Lillicrap was outside that which could reasonably be tolerated.
In addition to the public interest considerations set out above, the panel went on to
consider whether there was a public interest in retaining Mr Lillicrap in the profession.
Whilst there was evidence that Mr Lillicrap was a good teacher, the panel considered that
the adverse public interest considerations above outweigh any interest in retaining Mr
Lillicrap in the profession, since his behaviour fundamentally breached the standard of
conduct expected of a teacher, and he sought to exploit his position of trust.
The panel considered carefully the seriousness of the behaviour, noting that the Advice
states that the expectation of both the public and pupils, is that members of the teaching
profession maintain an exemplary level of integrity and ethical standards at all times.
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 Lillicrap. 12
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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
Teachersâ Standards;
⢠misconduct seriously affecting the education and/or safeguarding and well-being
of pupils, and particularly where there is a continuing risk; and
⢠sexual misconduct, e.g. 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.
There was no evidence that Mr Lillicrapâs actions were not deliberate.
There was no evidence that Mr Lillicrap was acting under extreme duress.
The panel did not have evidence that Mr Lillicrap had demonstrated exceptionally high
standards in his personal and professional conduct or that he had contributed
significantly to the education sector. The panel did not accept that the incident was out of
character. The LADO investigation report signed 3 January 2024 stated that there were
similar pictures found on Mr Lillicrapâs mobile phone taken at his previous schools. The
panel considered that there was a risk of Mr Lillicrap repeating the behaviour.
The panel considered the evidence of insight and remorse contained in the written
statement of [REDACTED] dated 29 April 2025. [REDACTED] stated that he came away
feeling that Mr Lillicrap âwas a [REDACTED]â and that he was [REDACTED]. He
recorded that Mr Lillicrap said he was looking at leaving the teaching profession, and that
he expressed regret for his actions.
The panel further considered the evidence contained in the police account provided by
Individual A. He found pictures on Mr Lillicrapâs phone of Mr Lillicrap in the bathroom,
stating that Mr Lillicrap had [REDACTED].
The panel also considered the information recorded in the investigation report that Mr
Lillicrap apologised for taking the photos on the School grounds, and his statement that
he was not a danger to children. The panel further noted Mr Lillicrapâs statement that he
understood the seriousness of the situation and that it could end his teaching career. 13
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The panel further considered the LADO investigation report 2024 which noted that âMr
Lillicrap had a [REDACTED], which started again when he worked at Holcombe School,
that Mr Lillicrap apologised for taking the photos on the School grounds but stated he
was not a danger to children and that he understood the seriousness of the situation and
that it could end his teaching careerâ.
The panel noted that as no [REDACTED] had been provided regarding Mr Lillicrapâs
[REDACTED] it was unable to take a view on whether Mr Lillicrapâs [REDACTED] was a
mitigating factor.
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 would be sufficient would
unacceptably compromise the public interest considerations present in this case, despite
the severity of the consequences for Mr Lillicrap 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
Lillicrap. The panel were of the view that whilst no student was affected, Mr Liliicrapâs
actions in taking pictures of his genitalia on School premises could have exposed
students to a safeguarding risk which 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 certain types of case where, if relevant, the public
interest will have greater relevance and weigh in favour of not offering a review period.
These include:
⢠serious sexual misconduct e.g. where the act was sexually motivated and resulted in,
or had the potential to result in, harm to a person or persons, particularly where the
individual has used their professional position to influence or exploit a person or
persons. 14
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The Advice also indicates that there are certain other types of cases where it is likely that
the public interest will have greater relevance and weigh in favour of a longer period
before a review is considered appropriate. None of the listed characteristics were
engaged by the panelâs findings.
The panel formed a view that the conduct which had been found proven was at the more
serious end of the potential spectrum. The panel noted that although there was no
evidence before it to suggest that this conduct occurred with students present, the taking
of images of his own genitalia on the School premises during the school day represented
extremely serious misconduct. The panel considered that as a teacher, Mr Lillicrap was in
a position of trust and responsibility, and that taking such images on School grounds
during School hours was wholly incompatible with the standards expected of a teacher.
The panel considered whether the public interest would allow for a review period. In
doing so, it noted the seriousness of the conduct, the risks associated with such
behaviour occurring within a School environment again, and the importance of
maintaining public confidence in the teaching profession. The panel concluded that the
public interest weighed heavily against allowing a review period.
The panel decided that the findings indicated a situation in which a review period would
not be appropriate and, as such, decided that it would be proportionate, in all the
circumstances, for the prohibition order to be recommended without provisions for a
review period.
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 Benjamin
Lillicrap should be the subject of a prohibition order, with no provision for a review period.
In particular, the panel has found that Mr Lillicrap 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
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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; and
o showing tolerance of and respect for the rights of others.
⢠Teachers must have proper and professional regard for the ethos, policies and
practices of the school in which they teach, and maintain high standards in their
own attendance and punctuality.
⢠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 Lillicrap involved breaches of the
responsibilities and duties set out in statutory guidance âKeeping children safe in
educationâ.
The panel finds that the conduct of Mr Lillicrap fell significantly short of the standards
expected of the profession.
The findings of misconduct are particularly serious as they include a teacher taking
images of his genitals on school premises during the school day.
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 Lillicrap, 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 offers this observation:
âIn the light of the panelâs findings against Mr Lillicrap, which involved taking images of
his genitalia on the School premises during the school day, there was a strong public
interest consideration in the safeguarding and wellbeing of pupils.â 16
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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 considered the evidence of insight and remorse contained in the written
statement of [REDACTED] dated 29 April 2025. [REDACTED] stated that he came
away feeling that Mr Lillicrap âwas a [REDACTED]â and that he was [REDACTED]. He
recorded that Mr Lillicrap said he was looking at leaving the teaching profession, and
that he expressed regret for his actions.â
The panel also comments:
âThe panel also considered the information recorded in the investigation report that Mr
Lillicrap apologised for taking the photos on the School grounds, and his statement
that he was not a danger to children. The panel further noted Mr Lillicrapâs statement
that he understood the seriousness of the situation and that it could end his teaching
career.â
In my judgement, the lack of evidence that Mr Lillicrap has taken steps to develop full
insight into his actions 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 makes this observation:
âThe panel concluded that, by behaving in a manner that is sexually motivated with the
aim of sexual gratification, Mr Lillicrapâs behaviour fell significantly short of behaviour
which is expected of a teacher. The panel found that this would significantly damage
the publicâs perception of teachers who it noted should act as role models in the way
they behave.â
I am particularly mindful of the finding in this case of a teacher taking images of his
genitals on school premises and the very negative impact that such a finding is likely to
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 17
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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 Lillicrap himself. The panel
comments as follows:
âThe panel did not have evidence that Mr Lillicrap had demonstrated exceptionally
high standards in his personal and professional conduct or that he had contributed
significantly to the education sector. The panel did not accept that the incident was out
of character.â
A prohibition order would prevent Mr Lillicrap 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 concerning the
seriousness of the misconduct found by the panel:
âThe panel formed a view that the conduct which had been found proven was at the
more serious end of the potential spectrum. The panel noted that although there was
no evidence before it to suggest that this conduct occurred with students present, the
taking of images of his own genitalia on the School premises during the school day
represented extremely serious misconduct. The panel considered that as a teacher,
Mr Lillicrap was in a position of trust and responsibility, and that taking such images on
School grounds during School hours was wholly incompatible with the standards
expected of a teacher.â
I have also placed considerable weight on the panelâs findings indicating both that this
was part of a pattern of behaviour and that there is a risk of repetition:
âThe LADO investigation report signed 3 January 2024 stated that there were similar
pictures found on Mr Lillicrapâs mobile phone taken at his previous schools. The panel
considered that there was a risk of Mr Lillicrap repeating the behaviour.â
I have given less weight in my consideration of sanction therefore, to the contribution that
Mr Lillicrap 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. 18
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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. In doing so, the
panel has referred to the Advice as follows:
âThe Advice indicates that there are certain types of case where, if relevant, the public
interest will have greater relevance and weigh in favour of not offering a review period.
These include:
⢠serious sexual misconduct e.g. where the act was sexually motivated and resulted
in, or had the potential to result in, harm to a person or persons, particularly where
the individual has used their professional position to influence or exploit a person
or persons.
The Advice also indicates that there are certain other types of cases where it is likely
that the public interest will have greater relevance and weigh in favour of a longer
period before a review is considered appropriate. None of the listed characteristics
were engaged by the panelâs findings.â
I have considered the panelâs concluding comments:
âThe panel considered whether the public interest would allow for a review period. In
doing so, it noted the seriousness of the conduct, the risks associated with such
behaviour occurring within a School environment again, and the importance of
maintaining public confidence in the teaching profession. The panel concluded that the
public interest weighed heavily against allowing a review period.
The panel decided that the findings indicated a situation in which a review period
would not be appropriate and, as such, decided that it would be proportionate, in all
the circumstances, for the prohibition order to be recommended without provisions for
a review period.â
I have considered whether not allowing a review period reflects the seriousness of the
findings and is a proportionate response to the misconduct found in this case to achieve
the aim of maintaining public confidence in the profession. In this case, factors mean that
allowing a review period is not sufficient to achieve the aim of maintaining public
confidence in the profession. These elements are the serious and sexually-motivated
misconduct found by the panel, the potential injury done to the reputation of the
profession, and the risk of repetition and future harm to pupils.
I consider therefore that allowing for no review period is necessary to maintain public
confidence and is proportionate and in the public interest.
This means that Mr Benjamin Lillicrap is prohibited from teaching indefinitely and
cannot teach in any school, sixth form college, relevant youth accommodation or 19
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childrenâs home in England. Furthermore, in view of the seriousness of the allegations
found proved against him, I have decided that Mr Lillicrap 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 Lillicrap has a right of appeal to the High Court within 28 days from the date he is
given notice of this order.
Decision maker: Marc Cavey
Date: 31 March 2026
This decision is taken by the decision maker named above on behalf of the Secretary of
State.
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