Unknown Teacher

The Secretary of State does not make these decisions herself. They are made by a senior official on the recommendation of an independent panel.

Teacher reference number:

7461045

Teacher's date of birth:

3 May 1953

Date of professional conduct panel:

6 March 2015

Outcome type:

Prohibition order

Notice is hereby given that, in accordance with The Teacher's’ Disciplinary (England) Regulations 2012, a professional conduct panel was convened to consider the case of Mr Brian Leslie Foakes of South West England .

The proceedings were held at 53-55 Butts Road, Earlsdon Park, Coventry CV1 3BH at 9:30am on 6 March 2015.

Teacher misconduct

Ground Floor, South

Cheylesmore House

5 Quinton RoadCoventryCV1 2WT

Email TRA.Casework@education.gov.uk

Telephone 020 7593 5393

Information about regulating the teaching profession and the process for dealing with serious teacher misconduct.

Mr Brian Leslie Foakes: Professional Conduct Panel outcome Panel decision and reasons on behalf of the Secretary of State for Education 6 March 2015 2 Contents A. Introduction 3 B. Allegations 3 C. Preliminary applications 4 D. Summary of evidence 4 Documents 4 Witnesses 4 E. Decision and reasons 5 Panel’s recommendation to the Secretary of State 7 Decision and reasons on behalf of the Secretary of State 8 3 A. Introduction A Professional Conduct Panel (“the panel”) of the National College for Teaching and Leadership (“the National College”) convened on 6 March 2015 at 53-55 Butts Road, Earlsdon Park, Coventry CV1 3BH to consider the case of Mr Brian Leslie Foakes. The Panel members were Ms Nicole Jackson (lay panellist – in the chair), Mr Colin Parker (teacher panellist) and Mr Tony Woodward (teacher panellist). The legal adviser to the panel was Mr Stephen Murfitt of Blake Morgan, solicitors LLP. The meeting took place in private and the decision was announced in public. The published decision was amended on 19 March 2015. B. Allegations The Panel considered the allegation(s) set out in the Notice of Meeting dated 19 February 2015. It was alleged that Mr Foakes was guilty of having been convicted of relevant offences, in that: 1. On 11 April 2014 he was convicted at York Crown Court of an offence of making indecent photograph or pseudo -photograph of children between 01/01/2013 - 30/04/2013. He was sentenced to 15 months i mprisonment, made subject to a sexual offences prevention order for 20 years, sex offender's notice for 10 years, and images and equipment seized were forfeited. Professional conduct panel decision and recommendations, and decision on behalf of the Secretary of State Teacher: Mr Brian Leslie Foakes Teacher ref no: 7461045 Teacher date of birth: 3 May 1953 NCTL case ref no: 0011929/Foakes Date of determination: 6 March 2015 Former employer: [Redacted] York 4 2. On 11 April 2014 he was convicted at York Crown Court of advertising an indecent photograph or pseudo -photograph of a child between 01/01/13 - 30/04/2014. He was sentenced to 15 months imprisonment, concurrent. 3. On 11 April 2014 he was convicted at York Crown Court of on offence of voyeurism – installing equipment/construct/adapt/structure with the intention of enabling one to record person s doing a private act between 01/01/2005- 31/12/2010. He was sentenced to 3 months imprisonment, consecutive. 4. On 11 April 2014 he was convicted at York Crown Court of on offence of voyeurism –record a person doing a private act between 01/0 1/2005-31/12/2010. He was sentenced to 3 months imprisonment, concurrent. Mr Foakes admitted that he had been found gu ilty of four relevant offences at York Crown Court on the 11 April 2014. C. Preliminary applications There were no preliminary applications. D. Summary of evidence Documents In advance of the hearing, the Panel received a bundle of documents which included: Section 1: Chronolgy Section 2: Notice of Referral, Response and Notice of Meeting Section 3: Statement of Agreed Facts Section 4: National College Documents. Section 5: Teacher documents The panel members confirmed that they had read all of the documents in advance of the meeting. Witnesses The panel received no oral evidence. 5 E. Decision and reasons The panel announced its decision and reasons as follows: Mr Foakes was forme rly employed as an Assistant Houseparent at [redacted] in York commencing in January 2013. Mr Foakes had held a number of teaching posts since 1975, including those of Head of Music and Housemaster. He had spent a number of years teaching in Zimbabwe and Kenya. On 30 April 2013 Mr Foakes was arrested at [redacted] in York when the police searched his premises at the College and his home. The Police seized Mr Foakes ' computer for forensic examination, and two video c ameras disguised as spy pens . M r Foakes was convicted of four offences at York Crown C ourt on 11 April 2014. The offences occurred prior to the start of his employment at the school at which he was employed at the time of his arrest. He was sentenced to a total term of imprisonment of 18 months, made the subject of a Sexual Offenders Prevention Order for 20 years and a Sex Offenders Notice for 10 years. Findings of fact The panel's findings of fact are as follows: The p anel determines that the requirements for a meeting as set out in Rules 4.83 to Rule 4.91 of the Teacher Disciplinary Procedures have been satisfied. Mr Foakes and the presenting officer submitted a Statement of Agreed Facts signed by Mr Foakes on 26 January 2015. Mr Foakes admits that he was convicted of four offences at York Crown Court on 11 April 2014 and the details of those offences are set out in the Statement of Agreed Facts . Mr Foakes accepts that the four offences are relevant offences to a person's fitness to be a teacher in accordance with the guida nce set out in the Department for Education advice document ’The Prohibition of Teachers'. The Police examination of Mr Foakes ' computer found 611 indecent images of children ranging from level 1 to level 5 on the C opine scale, a rating system used to categorise the severity of images of child sex abuse. There were 671 indecent videos of children ranging from level 1 to level 5 on the C opine scale. 15 of the videos had been made available for distribution by Mr Foakes. Amongst the videos were 23 files which showed acts of voyeurism. Three of the videos showed Mr Foakes installing a camera in a sho wer cubicle and 20 of the videos showed pre-pubescent males showering naked.The Police had taken statements from staff at a 6 previous school where Mr Foakes had been employed and the staff were able to identify locations at the school shown on the videos. Accordingly the Panel is satisfied that the facts set out in the Notice of meeting are proved. Findings as to conviction of a relevant offence The panel is satisfied that the conduct of Mr Foakes in relation to the facts found proved involved breaches of the Teachers' Standards. The panel considers that by reference to Part Two, Mr Foakes is in breach of the following Standards:  Teachers uphold public trust in the profession and maintain high standards of ethics and behaviour  Treating pupils with dignity, building relationships rooted in mutual respect, and at all times observing proper boundaries appropriate to a teacher's professional position.  Having regard f or the need to safeguard pupils' well-being, in accordance with statutory provisions.  Teachers must have proper and professional regard for the ethos , policies and practices of the school in which they teach. The p anel is satisfi ed that the conduct of Mr Foakes fell significantly short of the standards expected of the profession. The p anel has als o considered whether Mr Foakes ' conduct displayed behaviours associated with any of the offences listed on page 8 and 9 of the Guidance (Teachers misconduct: the prohibition of teachers). The Guidance advises consideration as to whether and to what extent the teacher's actions:  Were contrary to the standards of personal and professional conduct expect ed of a teacher, with reference to the Teachers' Standards,  Were relevant to teaching, working with children and/or working in an education setting,  Would be likely to have an impact on the safety or security of pupils or members of the public; or  Would be likely to affect public confidence in the teaching profession if the teacher were allowed to continue teaching. The Guidanc e also indicates that any acti vity involving viewing, taking, making, possessing, distributing or publishing any indecent photograph or image or pseudo photograph or image of a child is likely to be considered a relevant offence. 7 The four relevant convictions are serious and likely to have an impact on the reputation of the teaching profession. Teachers are regard ed as role models and influence pupils. The panel considers that all of the factors above apply in this case. For all of these reasons the p anel determines that Mr Foakes has been convicted of relevant offences. Panel’s recommendation to the Secretary of State The panel has made factual findings as to the committing of relevant criminal offences by Mr Foakes and it is now necessary for the p anel 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 has to consider whether it is a proportionate measure and if it is in the public interest to do so. Prohibition Orders should not be given in order to b e punitive, or to show that blame has been apportioned, although they are likely to have a punitive effect. The panel has considered the public interest, and in particular:  The protection of children;  The maintenance of public confidence in the profession;  Declaring and upholding proper standards of conduct. The p anel has considered the advice on Teachers ' Misconduct in relation to the Prohibition of Teachers, and has concluded that the following are relevant:  Serious departure from the personal and profes sional conduct elements of the latest teachers' standards, as published by, or on behalf of, the Secretary of State.  Misconduct seriously affecting the education and/or well -being of pupils,and particularly where there is a continuing risk.  Abuse of position of trust or violation of the rights of pupils.  Deliberate behaviour that undermines the profession, the school or colleagues.  Activity involving viewing, taking, making, posses sing, distributing or publishing any indecent photograph or image o r pseudo photograph or image of a child , or permitting such activity.  The commission of a serious criminal offence, including those that resulted in a conviction. The p anel has found that the allegations against Mr Foakes involved acts of abuse of trust, and the violation of pupil rights , which affect the reputation of the teaching profession. The conduct of Mr Foakes was planned, deliberate and maintained over a period of time. Similarly, the panel considers that public confidence in the profession could be weakened if such conduct, as the p anel has found proved, was not treated with seriousness when 8 regulating the conduct of the profession. The Guidance s tates that a teacher's behaviour will be considered to be incompatible with being a teacher if there are convictions similar to the relevant offences found proved against Mr Foakes. The factual findings against Mr Foakes raise important public interest considerations in declaring proper standards of conduct for the teaching profession. Teachers are at all times role models and are expected to act with integrity. Notwithstanding the public interest considerations that were present, the Panel has to consider carefully whether or not it would be proportionate to impose a Prohibition Order. The panel has taken careful note of the mitigating circumstances listed by Mr Foakes at page 95 of the hearing bundle. The p anel noted that there were no matters of a regulatory nature recorded against Mr Foakes and the Judge at his criminal trial made reference to a number of mitigating circumstances. These included an early plea of guilty, and the voluntary work of Mr Foakes in Africa. In carrying out the balancing exercise the p anel has decided that the public interest considerations outweigh by some margin th e interests o f Mr Foakes . Accordingly a consideration of th e public interest requires the p anel to make a recommendation to the Secretary of State that a Prohibition Order should be imposed with immediate effect. The panel then went on to consider whether or not it would be appropriate to recommend that a review period of the o rder should be considered. The p anel has been m indful that the advice given is that a Prohibition Order applies for life, but there may be circumstances in any given case that may make it appropriate for a review period of not less than two years to be recommended in order for the teacher to apply to set aside the Order. The p anel is satisfied that the relevant offences committed by Mr Foakes are incompatible with Mr Foakes being a teacher and that in those circumstances a review period would not be appropriate. Accordingly the p anel recommends a Prohibition Order without a review period. Decision and reasons on behalf of the Secretary of State I have given careful consideration to the findings and recommendations of the panel in this case. The panel have found all the facts proven and judged that those facts amount to convictions of relevant offences. Mr Foakes has been convicted of making and advertising an indecent photograph or pseudo photograph of a child and also 2 offences relating to voyeurism. Mr Foakes has received custodial sentences in relation to these offences. The panel have given due consideration to both the interests of the public and the interests of the teacher and have concluded that a prohibition order would be an appropriate and proportionate sanction. I agree with their recommendation. 9 The panel has further satisfied themselves that the relevant offences committed by Mr Foakes are incompatible with Mr Foakes being a teacher and that in the circumstances a review period would not be appropriate. I agree with their recommendation. This means that Mr Brian Leslie Foakes is prohibited from teaching indefinitely and cannot teach in any school, sixth form college, relevant youth accommodation or children’s home in England. Furthermore, in view of the seriousness of the allegations found proved against him, I have decided that Mr Brian Leslie Foakes 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 Brian Leslie Foakes has a right of appeal to the Queen’s Bench Division of the High Court within 28 days from the date he is given notice of this order. NAME OF DECISION MAKER: Paul Heathcote Date: 9 March 2015 This decision is taken by the decision maker named above on behalf of the Secretary of State.