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Mr Cheyne Phillips:
Professional conduct
panel hearing outcome
Panel decision and reasons on behalf of the
Secretary of State for Education
May 2025
2
Contents
Introduction 3
Allegations 4
Summary of evidence 5
Documents 5
Witnesses 6
Decision and reasons 6
Findings of fact 7
Panelâs recommendation to the Secretary of State 21
Decision and reasons on behalf of the Secretary of State 26
3
Professional conduct panel hearing decision and recommendations, and decision
on behalf of the Secretary of State
Teacher: Mr Cheyne Phillips
Teacher ref number: 1554024
Teacher date of birth: 19 December 1990
TRA reference: 21571
Date of determination: 9 May 2025
Former employer: Healing Academy, Grimsby
Introduction
A professional conduct panel (âthe panelâ) of the Teaching Regulation Agency (âthe
TRAâ) convened on 6 to 9 May 2025 by way of a virtual hearing, to consider the case of
Mr Cheyne Phillips.
The panel members were Mr Peter Ward (lay panellist â in the chair), Dr Louise Wallace
(lay panellist) and Miss Louisa Munton (teacher panellist).
The legal adviser to the panel was Mr James Corrish of Birketts LLP solicitors.
The presenting officer for the TRA was Ms Amalea Bourne of Browne Jacobson LLP
solicitors.
Mr Phillips was not present and was not represented.
The hearing took place in public, save that small portion of the hearing that was heard in
private, and was recorded. 4
Allegations
The panel considered the allegations set out in the notice of hearing dated 22 January
2025.
It was alleged that Mr Phillips was guilty of unacceptable professional conduct and/or
conduct that may bring the profession into disrepute, in that, whilst employed as a
teacher of PE at the Healing Academy (âthe Academyâ) between 6 July 2016 to 22 July
2022:
1. He failed to maintain appropriate professional boundaries and/or developed an
inappropriate relationship with Pupil A, a former pupil, in that he
a) Followed Pupil A on Instagram;
b) Sent one or more messages to Pupil A in which he;
i) Sent one or more photographs of himself to Pupil A [see schedule of
examples]
ii) Requested and/or received one or more photographs and/or videos of
Pupil A [see schedule of examples]
iii) Made one or more comments of a sexual nature/innuendo and/or
inappropriate nature towards Pupil A as set out in the attached
schedule
iv) Told Pupil A, âur a secretâ
c) Arranged and/or attempted to arrange to meet with Pupil A on one or more
occasion [see schedule of examples]
2. He failed to maintain appropriate professional boundaries and/or engaged in
and/or developed an inappropriate relationship with Pupil B, in that he
a) Obtained Pupil Bâs personal telephone number and/or gave his telephone
number to Pupil B;
b) Communicated with Pupil B via email and/or Instagram and/or Snapchat;
c) Winked at Pupil B on one or more occasions;
d) Sent one or more photographs to Pupil B;
e) Received one or more explicit photographs of Pupil B;
f) Stated to Pupil B âyour bum in that suitâ or words to that effect; 5
g) Stated to Pupil B âgive me headâ or words to that effect;
h) Asked Pupil B âam I going to make the first move, or are you?â or words to that
effect;
i) Meeting and/or attempting to meet and/or encouraging Pupil B to meet with
him outside of the School premises on one or more occasions [see schedule of
examples]
j) Engaged in inappropriate physical contact with Pupil B, in that he:
i) Kissed Pupil B on one or more occasions;
ii) Touched and/or rubbed Pupil Bâs back;
iii) Inserted his fingers into Pupil Bâs vagina on one or more occasions;
iv) Engaged in sexual intercourse with Pupil B on one or more occasions;
v) Allowed Pupil B to perform oral sex on him on one or more occasions
k) Made comments of a sexual nature/innuendo and/or inappropriate nature
towards Pupil B on one or more occasion set out in the attached schedule
3. His conduct as may be found proven at allegation 1 and/or 2 above was conduct
of a sexual nature and/or was sexually motivated;
4. He sought to conceal his communications with Pupil B by asking Pupil B to delete
one or more messages;
5. His conduct as may be found proven at allegation 4 above was dishonest and/or
lacked integrity
Mr Phillips denied allegations 1(a), 1(b), 1(c), 2(a), 2(b), 2(c), 2(d), 2(e), 2(f), 2(g), 2(h),
2(i), 2(j), 2(k), 3, 4 and 5, as set out in the response to the notice of hearing, signed by Mr
Phillips on 16 February 2025.
Summary of evidence
Documents
In advance of the hearing, the panel received a bundle of documents which included:
Section 1: Notice of hearing and response â pages 8 to 18
Section 2: Schedule of allegations â pages 19 to 22 6
Section 3: Anonymised pupil list â pages 23 to 24
Section 4: TRA witness statements and exhibits â pages 25 to 132
Section 5: TRA documents â pages 133 to 519
Section 6: Teacher documents â pages 520 to 527
In addition, the panel agreed to accept the supplementary witness statement of Pupil B
as described above.
The panel members confirmed that they had read all of the documents within the bundle,
in advance of the hearing and the additional document that the panel decided to admit.
In the consideration of this case, the panel had regard to the document Teacher
misconduct: Disciplinary procedures for the teaching profession 2020, (the âProceduresâ).
Witnesses
The panel heard oral evidence from the following witnesses called by the presenting
officer:
Witness A â [REDACTED]
Pupil A â [REDACTED]
Pupil B â [REDACTED]
[REDACTED].
[REDACTED].
Decision and reasons
The panel announced its decision and reasons as follows:
The panel carefully considered the case before it and reached a decision.
Mr Phillips was employed as a PE teacher at Healing Academy (âthe Schoolâ).
On 6 October 2021 Pupil Aâs mother made a complaint to the School as she had seen
messages from Mr Phillips to Pupil A which she considered were sexual in nature.
On 15 November 2021, Pupil Bâs mother reported that she had become aware that Pupil
B, who had recently left the School, had been engaging in sexual activity with Mr Phillips
since July 2021. She reported that Pupil B had also received a number of messages from
Mr Phillips that were sexual in nature. 7
The police, the School and the Local Authority Designated Officer (âLADOâ) proceeded to
investigate the allegations.
The matter was referred to the TRA on 25 October 2023.
Findings of fact
In respect of all the allegations the panel scrutinised the oral and written witness
evidence and exhibits of all 3 witnesses who attended the hearing.
The panel scrutinised the entire bundle including the TRAâs documents concerning the
investigations and the meetings of the School and of the various authorities, including
LADO and the police, surrounding these allegations. The panel noted that the evidence
within a lot of these documents was hearsay but considered that they were relevant and
formed part of the official investigations. The panel therefore admitted them but noted
that the evidence should be considered carefully and cautiously including in relation to
the weight placed on it.
The panel carefully considered the documents, labelled witness statements of Mr Phillips
in the bundle index, in their consideration of all allegations. Mr Phillips denied the
allegations and a large amount of the factual assertions surrounding them and the panel
proceeded in their consideration of the evidence on that understanding. The panel noted
that these documents were hearsay, but as they represented the only evidence provided
by Mr Phillips and the panel decided that it was in the interests of justice that they be
considered. The panel placed limited weight on that evidence as it has not had the
opportunity to test the evidence. The panel was also conscious that Mr Phillips would not
be cross examined in relation to this evidence or in relation to the other evidence in the
bundle.
The panel was also conscious that Mr Phillips had chosen to absent himself from
proceedings and from the opportunity to put his evidence in response to the allegations.
The findings of fact are as follows:
1. You failed to maintain appropriate professional boundaries and/or
developed an inappropriate relationship with Pupil A, a former pupil, in that
you
a) Followed Pupil A on Instagram;
b) Sent one or more messages to Pupil A in which you;
i) Sent one or more photographs of yourself to Pupil A [see schedule
of examples] 8
ii) Requested and/or received one or more photographs and/or
videos of Pupil A [see schedule of examples]
iii) Made one or more comments of a sexual nature/innuendo and/or
inappropriate nature towards Pupil A as set out in the attached
schedule
iv) Told Pupil A, âur a secretâ
c) Arranged and/or attempted to arrange to meet with Pupil A on one or
more occasion [see schedule of examples]
The panel carefully considered the oral evidence, written statement and exhibits of Pupil
A.
Pupil A stated that her relationship with Mr Phillips changed towards the end of school, in
that he started to laugh and joke with her more.
She stated that she left school when she was [REDACTED], and when she was
[REDACTED] Mr Phillips followed her on Instagram and started messaging her. She
stated that she knew it was wrong but that she was naĂŻve.
Pupil A stated that Mr Phillips was very persistent in his messaging, and that he was
always trying to meet up with her and see her, but that she knew he had a [REDACTED]
so she declined.
Pupil A said that any conversation about meeting up was initiated by Mr Phillips. Pupil A
stated that during the time they were messaging she tried to message [REDACTED].
Pupil A submitted that the messages started off as general conversation but that they
became flirtatious, initially only on his part but that eventually she did flirt back a bit. Pupil
A stated that Mr Phillips sent her images, including selfies with inappropriate captions on
the photos. Pupil A stated that Mr Phillips tried to initiate exchanging inappropriate
pictures a few times but that she never did this. Pupil A stated that there was one
occasion where she was going out with a friend and sent him a picture dressed up in
jeans and a top and he replied âam I gonna get luckyâ.
Pupil A stated that Mr Phillips made a comment and said words to the effect of âyouâre my
little secretâ, and that one time he asked âhowâs your head game?â and said something
along the lines of âyouâre a happy meal kind of girlâ.
The panel carefully considered the screenshots of the messages between Pupil A and Mr
Phillips. These appeared to evidence that Mr Phillips had followed her on Instagram and
had sent photographs to Pupil A and had been sent photographs of Pupil A by Pupil A. It
also appeared to evidence that he had made the following comments to Pupil A: 9
⢠âis this the part where I get lucky and get a few pics and videos? [emojis]â
⢠âI was excited that I was getting a selfie/vid [emoji]â
⢠âAny pre-picsâ
⢠âhowâs the head gameâ
⢠Responding to a photograph of Pupil A with âYesssss [finger emoji] [emoji]â
⢠âI thought I was getting lucky ha haâ
⢠âHope youâve done your make up. Iâm coming for you hahaâ
⢠âstop flirting [winky face]â
⢠âUr a secret hahaaâ
⢠âYou going to get a 99 from seafront Mondayâ
⢠âWhen is the rota out [winking emoji]â
The panel noted the frequent and repeated manner of Mr Phillipsâ correspondence with
Pupil A. The panel found a number of these messages to be of a sexual nature/innuendo
and of an inappropriate nature and were satisfied from the evidence that Mr Phillips had
attempted to meet with Pupil A on one or more occasions.
The panel found Pupil A to be a credible and clear witness and found her evidence to be
reliably consistent with the documentary evidence, including her written statement. The
panel was conscious that, in the absence of Mr Phillips, Pupil Aâs evidence had not been
subject to cross examination and sought to test her evidence in their questioning. The
panel found her responses plausible and again consistent with the evidence before it.
The panel was satisfied on the balance of probabilities from the evidence outlined above
that Mr Phillips had:
1. Followed Pupil A on Instagram;
2. Sent one or more messages to Pupil A in which he;
a. Sent one or more photographs of himself to Pupil A
b. Requested and/or received one or more photographs and/or videos of Pupil
A
c. Made one or more comments of a sexual nature/innuendo and/or
inappropriate nature towards Pupil A 10
d. Told Pupil A, âur a secretâ or words to that effect
3. Arranged and/or attempted to arrange to meet with Pupil A on one or more
occasions
The panel was further satisfied that this conduct amounted to a failure to maintain
appropriate professional boundaries and/or amounted to Mr Phillips engaging
in/developing an inappropriate relationship with Pupil A.
On the above basis the panel therefore found allegations 1(a), 1(b) (i) (ii) (iii) and (iv) and
1(c) proven.
2. You failed to maintain appropriate professional boundaries and/or engaged
in and/or developed an inappropriate relationship with Pupil B, in that you
a) Obtained Pupil Bâs personal telephone number and/or gave your
telephone number to Pupil B;
b) Communicated with Pupil B via email and/or Instagram and/or Snapchat;
c) Winked at Pupil B on one or more occasions;
d) Sent one or more photographs to Pupil B;
e) Received one or more explicit photographs of Pupil B;
f) Stated to Pupil B âyour bum in that suitâ or words to that effect;
h) Asked Pupil B âam I going to make the first move, or are you?â or words
to that effect;
i) Meeting and/or attempting to meet and/or encouraging Pupil B to meet
with you outside of the School premises on one or more occasions [see
schedule of examples]
The panel carefully considered the oral evidence and written statement and exhibits of
Pupil B. Pupil B stated that during school her relationship with Mr Phillips, [REDACTED],
was normal, but that it changed towards the last few months at school. This included that
he would wink at her in a subtle way in their revision sessions, which were just with her
and one other pupil. [REDACTED].
Pupil B stated that on the [REDACTED] the class took pictures together, and after she
had finished school, Mr Phillips had emailed her something flirty to comment on her outfit.
She stated that there was one specific picture on the last day which she believed
demonstrated the difference in their relationship. [REDACTED]. 11
Pupil B described how, after school ended early [REDACTED], Mr Phillips e-mailed her
and 2 other girls from his school e-mail account and that she responded to this e-mail
and that they chatted by e-mail.
Pupil B submitted that on 3 July 2021, Mr Phillips added her on Instagram and Pupil B
followed him back. Pupil B indicated that afterwards they continued messaging on
Instagram and their messages moved to Snapchat from July [REDACTED].
Pupil B stated that when they had connected on Instagram Mr Phillips started to
message her repeatedly, making contact at every opportunity and that he repeatedly tried
to arrange to meet up. She stated that the first time Mr Phillips tried to meet up with her
was when she was meeting her friend for a dog walk, as she had told him what she was
doing that day, and he said to her that coincidently he was driving through the village so
he would come to see her. She stated that he pulled his car up next to her as she was
walking to meet her friend and said that he liked her leggings. Pupil B said it was clear he
was flirting.
Pupil B described how Mr Phillips later asked her to meet him at a [REDACTED] where
he had been with other teachers. He asked her to meet in the car park and asked her to
step away from the [REDACTED] and then he kissed her. He then asked her to depart
from the [REDACTED] by an alternative route.
Pupil B stated that the first time they properly met up, Mr Phillips parked near her house
and she went to meet him, and they drove to the [REDACTED] car park, and the first
thing he said to her was âare you gonna make the first move or am Iâ. Pupil B stated that
she did not know what to do and would not have initiated anything as she was young and
naĂŻve. Mr Phillips was persistently trying to meet up and Pupil B confirmed that they met
up, in total, on 5 or so occasions.
Pupil B stated that they would talk on Snapchat but also exchanged some explicit
images. Pupil B explained that Mr Phillips would request explicit images. Pupil B recalled
specifically that she sent to him 2 pictures of herself in the shower naked and a video of
her in the shower naked and touching herself intimately. She recalled she also sent him
two images where, respectively, the bottom of her breasts and her thong were shown.
She also recalls that Mr Phillips sent her a couple of images of him topless and wearing
boxer shorts.
The panel found Pupil B to be a credible and clear witness and found her evidence to be
reliably consistent with the documentary evidence, including her written statement. The
panel were conscious that, in the absence of Mr Phillips, Pupil Bâs evidence had not been
subject to cross examination and sought to test her evidence in their questioning. The
panel found her responses plausible and again consistent with the evidence before it. 12
The panel carefully considered the interview note dated 15 July 2022, signed by Pupil B,
in which Pupil B was interviewed by the investigating officer, though they were conscious
in their considerations that this evidence was hearsay, albeit that Pupil B also gave live
evidence in which the panel had the opportunity to question her. The panel noted that
this document supported a large number of the factual assertions within Pupil Bâs witness
statement including in that it recorded her saying that Mr Phillips:
1) winked at her at school in a flirty manner.
2) messaged her by e-mail and Instagram and Snapchat
3) picked her up in his car and said âam I going to make the first move, or are youâ
4) met her outside of school premises on more than one occasion
This interview note also recounts that Pupil B recalled that Mr Phillips messaged her
âyour bum in that suitâ on the day when he put his arm around her whilst taking
[REDACTED] photos on the [REDACTED].
The panel also considered the 2 photos taken, it was informed, on the [REDACTED] and
noted that that Mr Phillips was extremely close to Pupil B in both photos and clearly has
his arm around her shoulders in one.
The panel considered the exhibits to Pupil Bâs witness statement including the e-mails
which had passed between her and Mr Phillips. The panel noted that there was evidence
within these e-mails of Mr Phillips endeavouring to meet Pupil B at the [REDACTED]
pub.
The panel also considered the text messages which passed between Mr Phillips and
Pupil D, an ex-pupil of the School, which appeared to be concerned with Mr Phillips
seeking to communicate with, and send photos to, Pupil B and that âwhen [she] is off roll
[Iâll] add herâ which the panel took to be a reference to adding Pupil B on Instagram.
The panel noted Mr Phillipsâ comment in his e-mail of 21 June 2021 saying âI wonât
bite..hahaâ and his e-mail to Pupil B of 1 July 2021 stating âI know a nibble⌠I see you
were fishing and tried to get a biteâ which it considered to be inappropriate and flirtatious.
The panel further considered that that line of correspondence was aimed at pursuing an
inappropriate relationship with Pupil B and organising a meet up between them.
The panel considered the text messages which had passed between Witness A;
[REDACTED], and Mr Phillips. In these messages Mr Phillips appeared to confirm that he
met Pupil B at the [REDACTED] and gave Pupil B a lift on a separate occasion. He also
suggested that Pupil B touched his penis.
The panel noted the extensive amount of correspondence between Mr Phillips and Pupil
B and the persistent nature of it. 13
The panel considered the list of messages which Pupil B stated she had copied and
pasted from Snapchat. Pupil B informed the panel that she could not screenshot them as
that would have notified Mr Phillips. Pupil B informed the Panel that she was copying
these messages and forwarding them to herself at a time when she was reflecting on
what to do next, including potentially ending their relationship. The panel noted that her
having done this was consistent with her explanation in the police records of 16
November 2021 which they considered. The panel were conscious that Mr Phillips in his
written evidence questioned the legitimacy of these messages.
The panel decided that consideration of these documents was appropriate and in the
interests of a fair hearing and that they were relevant to the issues they had to determine.
It also noted that the content of these messages was consistent with the live evidence
which it received and the pattern of behaviour which the other documents and witness
evidence described. The panel noted that it had an opportunity to question Pupil B on
them.
The panel noted that the contents of these alleged messages from Mr Phillips on
Snapchat including, without limitation:
1. âTimes ticking baby cakes [emoji] u either want ur eyes to water or you donât
[emoji]â
2. âBeing a baby ?... let me fuck u then. Stop being a pussyâ
3. âThen Iâll eat it [emoji] who da pussy now huhâ
4. âWhatever u want. I thought we had something good. Good laughs etc. Iâll just
delete snap and see you around then xâ
5. âYou do realise u can still focus and study harddd. Do that but still see me
occasionally (do nothing if that what u mean?) Just feels like ⌠no need for me
anymore. Little bit used. Especially when i thought we were good after prom.
Always the same tho. But u wont give me an opportunity to see ya like before? U
no we goodâ
6. âwhen i see ya. Its like 30mins of ur time. Speaking from experience, id give time
to those who care about ya. ur callâ
7. âIm not asking every week I understand it might be more difficult with time etc. But
once in a while. But if iâm a convenience then do what u want.â
8. âJust feels shitty cos im not in ur plans or like âneededâ cos school finished its like
[emoji] like a filled gapâ
The panel found that, on the balance of probabilities, these were messages from Mr
Phillips to Pupil B and that they demonstrated that Mr Phillips had failed to maintain
appropriate professional boundaries and developed an inappropriate relationship with
Pupil B. 14
The panel noted and carefully considered that Mr Phillips had not had the opportunity to
cross examine the witnesses or to test their evidence and also took account of the fact
that he had chosen to absent himself from proceedings.
The panel could not find any direct evidence Mr Phillips obtained Pupil Bâs telephone
number or gave her his telephone number and therefore found allegation 2 (a) unproven.
The panel was satisfied from the evidence outlined above that Mr Phillips had:
1. communicated with Pupil B via email and/or Instagram and/or Snapchat;
2. winked at Pupil B on one or more occasions;
3. sent one or more photographs to Pupil B;
4. received one or more explicit photographs of Pupil B;
5. stated to Pupil B âyour bum in that suitâ or words to that effect;
6. asked Pupil B âam I going to make the first move, or are you?â or words to that
effect;
7. met and attempted to meet and encouraged Pupil B to meet with him outside of
the school premises on one or more occasions
The panel was further satisfied that this conduct amounted to a failure to maintain
appropriate professional boundaries and/or amounted to Mr Phillips engaging
in/developing an inappropriate relationship with Pupil B.
The panel found allegations 2(b), 2(c), 2(d), 2(e), 2(f), 2(g), 2(h), 2(i) proven by the TRA
on the balance of probabilities.
2 g) Stated to Pupil B âgive me headâ or words to that effect;
j) Engaged in inappropriate physical contact with Pupil B, in that you:
i) Kissed Pupil B on one or more occasions;
ii) Touched and/or rubbed Pupil Bâs back;
iii) Inserted your fingers into Pupil Bâs vagina on one or more
occasions;
iv) Engaged in sexual intercourse with Pupil B on one or more
occasions; 15
v) Allowed Pupil B to perform oral sex on you on one or more
occasions
The panel considered the oral evidence and the written statement of Pupil B, who stated
that on 16 July 2021 Mr Phillips was at a [REDACTED] with all of the teachers and she
was also in [REDACTED] at the same time. She stated that Mr Phillips asked her to
meet him in the car park outside the [REDACTED], so she went and met him and he
kissed her.
Pupil B stated that shortly after this on another day Mr Phillips had arranged to meet her
and had collected her in his car. He had driven to the [REDACTED] car park and Mr
Phillips started kissing her and put his hand on her leg and started to rub it. She stated
that he then moved his hand up and started to touch her vagina over her leggings and
said to her ânext time you need to wear something looserâ. Pupil B stated that he then
said to her âsuck me offâ, so she did, and after this he dropped her back home.
Pupil B stated that she believed that she met up with Mr Phillips five times in total, and
stated that she had sex with him on 2 of these occasions, and the first 3 times they met
up they did âsexual thingsâ but didnât have sex. She stated that they kissed, she
performed oral sex on him, and he put his fingers in her vagina.
Pupil B stated that she sought to end the relationship. She did see Mr Phillips at the prom
where he appeared out of the woods and pulled her tight to him around the lower back
for a picture.
The panel noted Pupil Bâs oral evidence that she felt pressurised into continuing her
relationship with Mr Phillips and that when she tried to pull back from it the
correspondence from Mr Phillips became more frequent. The panel also noted Pupil Bâs
oral evidence that the relationship was a sexual one.
The panel again considered the interview note dated 15 July 2022, signed by Pupil B, in
which Pupil B was interviewed by the investigating officer. The panel were again
conscious in their considerations that this evidence was hearsay, albeit that Pupil B also
gave live evidence in which the panel had the opportunity to question her. The panel
noted that this document supported a number of the factual assertions within Pupil Bâs
witness statement including that Pupil B said:
1. âhe [Mr Phillips] messaged me on snapchat whilst he was at bowling â he came
outside the [REDACTED] and kissed meâ
2. âhe [Mr Phillips] picked me up in the car and we had sexâ
3. that Mr Phillips had said âgive me headâ so âI went down on himâ.
4. âanother time he [Mr Phillips] picked me up and we had sex againâ 16
5. in response to the question âDid he [Mr Phillips] ask you on a date or was the
meetings always of a sexual natureâ âNo there wasnât a date. It was always for
thatâ
The panel again considered the list of messages appended to Pupil Bâs witness
statement which Pupil B stated she had copied and pasted from Snapchat. These were
the messages between herself and Mr Phillips described above. The panel considered
that the messages:
1. âTimes ticking baby cakes [emoji] u either want ur eyes to water or you donât
[emoji]â
2. âBeing a baby ?... let me fuck u then. Stop being a pussyâ
3. âThen Iâll eat it [emoji] who da pussy now huhâ
in particular illustrated that the relationship between Pupil B and Mr Phillips was a sexual
and inappropriate one far beyond professional boundaries. The panel noted Pupil Bâs
evidence that the first comment was a reference to Mr Phillips having pushed on her
head during oral sex and making her eyes water, and then that he repeated this action
when she asked him not to.
The panel considered the picture of Mr Phillips and Pupil B at the prom in which clearly
Mr Phillipsâ arm was around Pupil Bâs lower back and she was pulled in tightly close to
him.
The panel was satisfied from the evidence outlined above that Mr Phillips had
1. stated to Pupil B âgive me headâ or words to that effect;
2. engaged in inappropriate physical contact with Pupil B, in that he had:
a. kissed Pupil B on one or more occasions;
b. touched and/or rubbed Pupil Bâs back;
c. inserted his fingers into Pupil Bâs vagina on one or more occasions;
d. engaged in sexual intercourse with Pupil B on one or more occasions;
e. allowed Pupil B to perform oral sex on him on one or more occasions
The panel was further satisfied that this conduct amounted to a failure to maintain
appropriate professional boundaries and/or amounted to Mr Phillips engaging
in/developing an inappropriate relationship with Pupil B.
The panel found allegations 2(j) i, ii. iii. iv and v proven by the TRA on the balance of
probabilities. 17
k) Made comments of a sexual nature/innuendo and/or inappropriate nature
towards Pupil B on one or more occasion set out in the attached
schedule
The panel considered the screenshots of messages allegedly between Pupil B and Mr
Phillips, and noted the following comments made by Mr Phillips:
⢠âtimes ticking baby cakes [emoji] u either want ur eyes to water or u donâtâ
⢠âbeing a baby?... let me fuck u then. Stop being a pussy. Then Iâll eat it [emojiâ
As previously stated the panel accepted Pupil Bâs evidence that these messages were
sent by Mr Phillips and that they were copied and pasted from Snapchat for her reference
and to avoid Mr Phillips becoming aware that she was copying them.
The panel did not find the statement âI am a busy individual but I suppose I could make
an exception on this occasionâ to be a sexual innuendo but did consider it inappropriate in
that it appeared to be in reference to Mr Phillips meeting up with Pupil B.
Save for this the panel was satisfied from the evidence outlined above that Mr Phillips
had made comments of a sexual nature/innuendo and/or inappropriate nature towards
Pupil B on one or more occasion as set out in the schedule.
The panel was further satisfied that this conduct amounted to a failure to maintain
appropriate professional boundaries and/or amounted to Mr Phillips engaging
in/developing an inappropriate relationship with Pupil B.
The panel found allegation 2(k) proven.
3. Your conduct as may be found proven at allegation 1 and/or 2 above was
conduct of a sexual nature and/or was sexually motivated;
The panel considered that the actions of Mr Phillips were inherently sexual and had a
sexual motive, specifically the pursuance of a sexual relationship with Pupils A and B.
The panel noted in particular that Mr Phillips had sent flirty messages of a sexual nature
to Pupil A and Pupil B and had engaged in persistent sexual correspondence and sexual
activity with Pupil B.
The panel concluded that there was no innocent explanation for Mr Phillipsâ conduct.
The panel found that, on the balance of probabilities, Mr Phillipsâ conduct in relation to
allegations 1 and 2 was sexually motivated. The panel also considered that there was
sufficient evidence to find that Mr Phillipsâ actions as set out in allegations 1 and 2 were
sexual in nature. 18
The panel found allegation 3 proven by the TRA on the balance of probabilities.
4. You sought to conceal your communications with Pupil B by asking Pupil B
to delete one or more messages;
The panel noted that Pupil B stated in oral evidence that Mr Phillips had asked her to
delete messages especially after he became aware that her boyfriend was concerned
about Mr Phillips and Pupil B corresponding.
The panel also considered the notes of the disciplinary investigation interview with Pupil
B on 15 July 2022, where Pupil B stated that Mr Phillips asked her to delete the
messages on Instagram and Snapchat.
The panel found allegation 4 proven by the TRA on the balance of probabilities.
5. Your conduct as may be found proven at allegation 4 above was dishonest
and/or lacked integrity
The panel firstly considered whether Mr Phillips had acted dishonestly.
In reaching its decision on this, the panel considered the case of Ivey v Genting Casinos
(UK) Ltd t/a Crockfords.
The panel first sought to ascertain the actual state of Mr Phillipsâ knowledge or belief as
to the facts. Their ability to do this was hampered by the fact that Mr Phillips was not
present. The panel anticipated that he would have known his actions were wrong but
could not definitively conclude this.
The panel was satisfied that Mr Phillipsâ actions were dishonest in that at all times Mr
Phillipsâ behaviour was motivated behaviour with an end (a sexual relationship with Pupil
B) in mind. The panel was satisfied that his motivation in seeking the deletion of those
messages was to cover up his inappropriate behaviour and that this motivation and
actions were dishonest.
The panel then considered whether Mr Phillips had failed to act with integrity. The panel
considered the case of Wingate & Anor v The Solicitors Regulation Authority [2018].
The panel considered that Mr Phillips had failed to act within the higher standards
expected of a teacher by asking Pupil B to delete one or more messages. The panel
considered the evidence and concluded that, on the balance of probabilities, Mr Phillips
asked Pupil B to keep his behaviour a secret as he knew it was wrong and there would
have been serious consequences had it been revealed.
The panel found allegation 5 proven. 19
Findings as to unacceptable professional conduct and/or conduct that
may bring the profession into disrepute
Having found a number 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.
The panel first considered whether the conduct of Mr Phillips, in relation to the facts
found proved, involved breaches of the Teachersâ Standards.
The panel considered that, by reference to Part 2, Mr Phillips 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
⢠Teachers must have proper and professional regard for the ethos, policies and
practices of the school in which they teach [âŚ].
⢠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 Phillips, in relation to the facts found
proved, involved breaches of the relevant version of Keeping Children Safe In Education
(âKCSIEâ).
The panel noted that KCSIE classified children as everyone under the age of 18 and
considered that Mr Phillips was in breach and the following provisions were engaged:
ď§ Part one, point 4 âSafeguarding and promoting the welfare of children is defined
for the purposes of this guidance as: protecting children from maltreatment;[âŚ.]
ensuring that children grow up in circumstances consistent with safe and effective
careâ
ď§ Part one point 12 âThe Teachersâ Standards 2012 state that teachers (which
includes headteachers) should safeguard childrenâs wellbeing and maintain public
trust in the teaching profession as part of their professional dutiesâ 20
ď§ Part one points 25 and 28 which respectively deal with forcing or enticing a young
person to take part in sexual activities and child sexual exploitation
The panel also considered whether Mr Phillipsâ 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 offences of sexual activity, sexual communication with a child
and any activity involving viewing and possessing any indecent photograph of a child, or
permitting any such activity, and including one-off incidents, were engaged.
The panel noted that a number of the allegations took place outside the education
setting. The panel were satisfied that the egregious nature of the allegations found
proven and the fact that they concerned serious allegations of developing inappropriate
relationships with two pupils and sexual activity with one pupil would certainly be conduct
which affected the way the teacher fulfilled his teaching role. These actions may have led
to and may lead to pupils being exposed to his behaviour or influenced by the behaviour
in a harmful way. The panel considered that the proven allegations appeared to describe
a pattern of behaviour of forming relationships with children which were clearly
inappropriate and persistently endeavouring to facilitate a sexual relationship with them.
For these reasons, the panel was satisfied that the conduct of Mr Phillips 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 Phillips was guilty of unacceptable
professional conduct.
In relation to whether Mr Phillipsâ 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.
In considering the issue of disrepute, the panel also considered whether Mr Phillipsâ
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 Phillipsâ was guilty of
unacceptable professional conduct, the panel found that the offences of sexual activity,
sexual communication with a child and any activity involving viewing and possessing any 21
indecent photograph of a child, or permitting any such activity, and including one-off
incidents, were engaged.
The findings of misconduct as described above are very serious ones, and the conduct
displayed would be likely to have a negative impact on the individualâs status as a
teacher.
The panel considered that Mr Phillipsâ conduct could potentially damage the publicâs
perception of a teacher.
For these reasons, the panel found that Mr Phillipsâ actions constituted 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. The panel
was conscious that prohibition orders should not be given in order to be punitive, or to
show that blame has been apportioned, although they are likely to have a punitive effect.
The panel had regard to the particular public interest considerations set out in the Advice
and found a number of them to be relevant in this case, in particular: the safeguarding
and wellbeing of pupils, the protection of other members of the public, the maintenance
of public confidence in the profession and declaring and upholding proper standards of
conduct.
The panel was also conscious of ensuring that any prohibition struck the right balance
between the rights of the teacher and the public interest.
The panel recalled that their findings against Mr Phillips involved the continuance and
advancement of highly inappropriate relationships and sexual misconduct with children,
specifically Pupils A and B. The panel found this to be an exploitation of his position of
trust and that he was sexual motivated in the actions he took. The panel had found that
Mr Phillips had spoken to and repeatedly and persistently corresponded via e-mail,
Instagram and Snapchat with the children in ways that were sexual and inappropriate
and that this had ultimately led, in the case of Pupil B, to repeated and serious sexual
misconduct. 22
There was a strong public interest consideration in respect of the safeguarding and
wellbeing of pupils and the protection of other members of the public, given those serious
findings of inappropriate relationships with children and the real risk that similar conduct
could be repeated.
Similarly, the panel considered that public confidence in the profession could be seriously
weakened if conduct such as that found against Mr Phillips 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
Phillips was outside that which could reasonably be tolerated and they had found multiple
breaches of the Teachers Standards and of Part 1 of KCSIE.
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 Phillips in the profession. The
panel considered that the adverse public interest considerations above outweighed any
interest in retaining the teacher in the profession, including in that his behaviour
fundamentally breached the standard of conduct expected of a teacher, and he sought to
persistently 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. The
panel noted that a teacherâs behaviour that seeks to exploit their position of trust should
be viewed very seriously in terms of its potential influence on pupils and be seen as a
possible threat to the public interest.
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 Phillips.
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;
⢠abuse of position or trust (particularly involving pupils); 23
⢠an abuse of any trust, knowledge, or influence gained through their professional
position in order to advance a romantic or sexual relationship with a pupil or former
pupil;
⢠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;
⢠any activity involving viewing, taking, making, possessing, distributing, or
publishing any indecent photograph or image, or indecent pseudo photograph or
image, of a child, or permitting such activity, including one-off incidents;
⢠failure in their duty of care towards a child, including exposing a child to risk or
failing to promote the safety and welfare of the children (as set out in Part 1 of
KCSIE); and
⢠dishonesty or a lack of integrity, including the deliberate concealment of their
actions or purposeful destruction of evidence, especially where these behaviours
have been repeated or had serious consequences, or involved the coercion of
another person to act in a way contrary to their own interests.
The panel also took account of the statement in the Advice that panels should attach
appropriate weight and seriousness to online behaviours including, but not limited to:
online misconduct; facilitating online abuse; or facilitating inappropriate relationships
(including both online only relationships and where online relationships move into contact
relationships).
The panel found that use of e-mail, Snapchat and Instagram to seek to facilitate
inappropriate relationships with Pupils A and B, and in furtherance of a sexual
relationship with Pupil B, were key aspects of their findings and found that these
behaviours constituted serious wrongdoing and merited significant weight being attached
to them in their decision.
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 Phillipsâ actions were not deliberate.
There was no evidence to suggest that Mr Phillips was acting under extreme duress, e.g.
a physical threat or significant intimidation.
The Panel, having carefully considered the limited information in the bundle, including his
employment references on his commencement of his role at the School, found no 24
evidence that Mr Phillips demonstrated exceptionally high standards in his personal and
professional conduct or that he had contributed significantly to the education sector.
The panel noted that there was no evidence of insight or remorse on the part of Mr
Phillips.
The panel noted the written statement of Mr Phillips where he referenced [REDACTED]
that has been caused by the situation. He stated that he did not feel he was in a position
to properly respond to the allegations, and that regardless of the outcome he did not wish
to or intend to return to teaching.
The panel 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 Phillips 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
Phillips.
In particular the panel noted its findings that Mr Phillips was sexually motivated in
pursuing, in breach of trust and for the purposes of a sexual relationship, entirely
inappropriate lines of communication with both Pupils A and B and that the
correspondence was sexually motivated and of a sexual nature. The panel noted the very
serious nature of some of the statements and correspondence by Mr Phillips towards
Pupils A and B. The panel also was aware of their findings that Mr Phillips engaged in
extensive, repeated and significant sexual activity with Pupil B, who was a child, and that
he sought and received indecent images of Pupil B. The panel had established that he
was able to do this because of his professional position and noted that some of the
activity described was facilitated by, and occurred within, a school setting including
through his lessons, revision sessions and the Schoolâs e-mail account. The panel found
repeated breaches of trust owed towards Pupils A and B in their findings and had
identified a number of serious departures from the personal and professional conduct
elements of the Teachersâ Standards.
The panel again noted the lack of any evidence of remorse or insight and were conscious
that there was every risk of a repetition of the activities described in the findings, causing
further harm, if Mr Phillips were not prohibited and that ongoing safeguarding of children
was an absolute key concern. 25
The above were all significant factors 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;
⢠any sexual misconduct involving a child;
⢠any activity involving viewing, taking, making, possessing, distributing or
publishing any indecent photograph or image or indecent pseudo photograph or
image of a child, including one off incidents;
The panel noted that these lists are not intended to be exhaustive and panels should
consider each case on its individual merits taking into account all the circumstances
involved.
The panel found the above bullet points were engaged on their findings including in that
Mr Phillipsâ actions towards both pupils, and Pupil B in particular, demonstrated very clear
sexual motivation and misconduct. The various sexual activity found to have occurred
including sexual intercourse, permitting of oral sex and digital penetration by Mr Phillips
were examples of serious sexual misconduct involving a child. The panel had found that
Mr Phillips had been sent a number of indecent images by Pupil B and that Mr Phillips
had repeatedly sought material of that nature. Pupil B made clear she felt shame for a
long time about her relationship with Mr Phillips and it continued to impact and hurt her
every day. The panel had no doubt from the evidence of Pupils A and B that they had
been harmed and that Mr Phillipsâ actions were having a serious and continued effect on
them.
As stated, the panel found no evidence of mitigating circumstances, insight or remorse by
Mr Phillips and the panel had extremely strong concerns that what were clearly
established patterns of behaviour by Mr Phillips would be repeated were he allowed to 26
continue in the teaching profession and that he would pose a substantial and ongoing
risk to children. In their view there was no basis for any review period to be implemented.
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 sanction and review period.
In considering this case, I have also given very careful attention to the Advice that the
Secretary of State has published concerning the prohibition of teachers.
In this case, the panel has found some of the allegations proven and found that those
proven facts amount to unacceptable professional conduct and conduct that may bring
the profession into disrepute. In this case, the panel has found some of the allegations
not proven, including 2(a), I have therefore put those matters entirely from my mind.
The panel has made a recommendation to the Secretary of State that Mr Cheyne Phillips
should be the subject of a prohibition order, with no provision for a review period.
In particular, the panel has found that Mr Phillips 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
⢠Teachers must have proper and professional regard for the ethos, policies and
practices of the school in which they teach [âŚ].
⢠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 Phillips involved breaches of the
responsibilities and duties set out in statutory guidance Keeping children safe in
education (KCSIE). 27
The panel finds that the conduct of Mr Phillips fell significantly short of the standards
expected of the profession.
The findings of misconduct are particularly serious as they include a finding of sexual
activity, sexual communication with a child and activity involving viewing and possessing
indecent photographs of a child.
I have to determine whether the imposition of a prohibition order is proportionate and in
the public interest. In considering that for this case, I have considered the overall aim of a
prohibition order which is to protect pupils and to maintain public confidence in the
profession. I have considered the extent to which a prohibition order in this case would
achieve that aim taking into account the impact that it will have on the individual teacher.
I have also asked myself, whether a less intrusive measure, such as the published
finding of unacceptable professional conduct and conduct likely to 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 Phillips, 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/safeguard pupils. The panel has observed, âThere was a strong public interest
consideration in respect of the safeguarding and wellbeing of pupils and the protection of
other members of the public, given those serious findings of inappropriate relationships
with children and the real risk that similar conduct could be repeated.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 the
panel sets out as follows, âThe panel noted that there was no evidence of insight or
remorse on the part of Mr Phillips.â The panel has also commented âThe panel noted the
written statement of Mr Phillips where he referenced [REDACTED] that has been caused
by the situation. He stated that he did not feel he was in a position to properly respond to
the allegations, and that regardless of the outcome he did not wish to or intend to return
to teaching.â In my judgement, the lack of insight or remorse 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, âthe panel considered that public
confidence in the profession could be seriously weakened if conduct such as that found
against Mr Phillips were not treated with the utmost seriousness when regulating the
conduct of the profession.â I am particularly mindful of the finding of sexual activity with a
child in this case and the impact that such a finding has on the reputation of the
profession. 28
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 or 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 Phillips himself and the
panel comment âThe Panel, having carefully considered the limited information in the
bundle, including his employment references on his commencement of his role at the
School, found no evidence that Mr Phillips demonstrated exceptionally high standards in
his personal and professional conduct or that he had contributed significantly to the
education sector.â
A prohibition order would prevent Mr Phillips 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
breach of trust. The panel has said, âIn particular the panel noted its findings that Mr
Phillips was sexually motivated in pursuing, in breach of trust and for the purposes of a
sexual relationship, entirely inappropriate lines of communication with both Pupils A and
B and that the correspondence was sexually motivated and of a sexual nature. The panel
noted the very serious nature of some of the statements and correspondence by Mr
Phillips towards Pupils A and B. The panel also was aware of their findings that Mr
Phillips engaged in extensive, repeated and significant sexual activity with Pupil B, who
was a child, and that he sought and received indecent images of Pupil B. The panel had
established that he was able to do this because of his professional position and noted
that some of the activity described was facilitated by, and occurred within, a school
setting including through his lessons, revision sessions and the Schoolâs e-mail account.
The panel found repeated breaches of trust owed towards Pupils A and B in their findings
and had identified a number of serious departures from the personal and professional
conduct elements of the Teachersâ Standards.â
I have also placed considerable weight on the finding of the panel that âThe various
sexual activity found to have occurred including sexual intercourse, permitting of oral sex
and digital penetration by Mr Phillips were examples of serious sexual misconduct
involving a child. The panel had found that Mr Phillips had been sent a number of
indecent images by Pupil B and that Mr Phillips had repeatedly sought material of that
nature. Pupil B made clear she felt shame for a long time about her relationship with Mr 29
Phillips and it continued to impact and hurt her every day. The panel had no doubt from
the evidence of Pupils A and B that they had been harmed and that Mr Phillipsâ actions
were having a serious and continued effect on them.â
I have given less weight in my consideration of sanction therefore, to the contribution that
Mr Phillips 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 remorse or insight, 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 the panelâs comments âAs stated, the panel found no evidence of
mitigating circumstances, insight or remorse by Mr Phillips and the panel had extremely
strong concerns that what were clearly established patterns of behaviour by Mr Phillips
would be repeated were he allowed to continue in the teaching profession and that he
would pose a substantial and ongoing risk to children. In their view there was no basis for
any review period to be implemented.â
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
seriousness of the findings, the lack of insight or remorse and the risk of repetition.
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 Cheyne Phillips 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 allegations
found proved against him, I have decided that Mr Phillips 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 Phillips has a right of appeal to the High Court within 28 days from the date he is
given notice of this order.
30
Decision maker: Sarah Buxcey
Date: 13 May 2025
This decision is taken by the decision maker named above on behalf of the Secretary of
State.
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