Prohibition Order Active: The Teaching Regulation Agency has issued a prohibition order for this teacher. This person is prohibited from carrying out teaching work in any school, sixth form college, relevant youth accommodation or children’s home in England.
Teacher Record Details
Teacher Reference Number
0980431
Teacher's date of birth:
7 April 1982
Location teacher worked:
Maidenhead, Southern England
Date of professional conduct panel:
9 May 2017
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 Christopher Hawkes-King, formerly employed in Maidenhead, Southern England.
Date of Birth
7 April 1982
Location teacher worked:
Maidenhead, Southern England
Date of professional conduct panel:
9 May 2017
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 Christopher Hawkes-King, formerly employed in Maidenhead, Southern England.
Location Employed
Maidenhead, Southern England
Date of professional conduct panel:
9 May 2017
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 Christopher Hawkes-King, formerly employed in Maidenhead, Southern England.
Professional Panel Date
9 May 2017
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 Christopher Hawkes-King, formerly employed in Maidenhead, Southern England.
Agency Outcome Decision
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 Christopher Hawkes-King, formerly employed in Maidenhead, Southern England.
Decision Published Date
19 May 2017
Panel Decision & Reasons Summary
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:
0980431
Teacher's date of birth:
7 April 1982
Location teacher worked:
Maidenhead, Southern England
Date of professional conduct panel:
9 May 2017
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 Christopher Hawkes-King, formerly employed in Maidenhead, Southern England.
The proceedings were held at 53 to 55 Butts Road, Earlsdon Park, Coventry CV1 3BH at 9.30am on 9 May 2017.
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.
Full PDF Document Transcript Search
Mr Christopher
Hawkes-King:
Professional conduct
panel outcome
Panel decision and reasons on behalf of the
Secretary of State for Education
May 2017
2
Contents
A. Introduction 3
B. Allegations 4
C. Preliminary applications 4
D. Summary of evidence 5
Documents 5
Witnesses 5
E. Decision and reasons 5
Panel’s recommendation to the Secretary of State 10
Decision and reasons on behalf of the Secretary of State 12
3
Professional conduct panel decision and recommendations, and decision on
behalf of the Secretary of State
Teacher: Mr Christopher Hawkes-King
Teacher ref number: 0980431
Teacher date of birth: 7 April 1982
NCTL case reference: 14728
Date of determination: 9 May 2017
Former employer: Furze Platt Senior School, Maidenhead
A. Introduction
A professional conduct panel (“the panel”) of the National College for Teaching and
Leadership (“the National College”) convened on 9 May 2017 at 53 to 55 Butts Road,
Earlsdon Park, Coventry CV1 3BH to consider the case of Mr Christopher Hawkes-King.
The panel members were Cllr Gail Goodman (teacher member – in the chair), Mr Martin
Greenslade (lay member), and Ms Karen McArthur (lay member).
The legal adviser to the panel was Ms Patricia D’Souza of Eversheds Sutherland
(International) LLP.
Neither the presenting officer, Ms Natasha Ricioppo for the National College nor Mr
Christopher Hawkes-King were present, as this matter has been listed for a meeting.
The meeting took place in private, save for the announcement of the panel’s decision,
which was announced in public and recorded.
4
B. Allegations
The panel considered the allegations set out in the Notice of Meeting dated 27 April
2017.
It was alleged that Mr Christopher Hawkes-King was guilty of unacceptable professional
conduct and/or conduct that may bring the profession into disrepute, in that:
1. In relation to Pupil A (a Year 13 female pupil aged 18) he:
a. Exchanged texts and/or social media and/or Skype messages with her:
i. including flirtatious messages;
ii. including messages of a sexual nature;
b. Sent to and/or received from Pupil A sexually explicit images and/or videos,
c. Whilst on School premises:
i. hugged and/or kissed Pupil A including kissing her on her neck
and/or breasts,
ii. allowed Pupil A to masturbate him,
iii. touched Pupil A intimately including penetrating her vagina with his
fingers;
2. His actions as set out above were sexually motivated.
In the Statement of Agreed Facts, Mr Hawkes-King admits the factual particulars of these
allegations and that they amount to unacceptable professional conduct and/or conduct
that may bring the profession into disrepute. This is why this matter is proceeding by way
of a meeting.
C. Preliminary applications
The panel considered at the outset whether the allegations should be considered at a
public hearing at which the parties would be entitled to attend, or a private meeting
without the parties present. The panel considered the interests of justice and given that
the facts of the allegations have been admitted, that Mr Hawkes-King has requested a
meeting and the panel has the benefit of Mr Hawkes-King’s written representations, the
panel was of the view that justice would be adequately served by considering this matter
at a meeting. 5
The panel carefully considered the public interest. The panel noted that if the case
proceeded in a meeting, there would be a public announcement of the panel’s decision.
This was made clear to Mr Hawkes-King in correspondence from the National College
dated 23 April 2017. The panel also had in mind that if a hearing was convened, there
would be a cost to the public purse, which may not be justified if the matter could be
determined in a meeting. The panel also had regard to the delay that would be caused by
convening a hearing and considered it to be in the public interest to reach a final
determination in this matter without further delay. The panel therefore decided to proceed
with a meeting, but noted that it could, at any stage of the meeting, reconsider this issue.
D. Summary of evidence
Documents
In advance of the hearing, the panel received a bundle of documents which included:
Section 1: Chronology and anonymised pupil list – pages 1 to 2
Section 2: Notice of Referral, Response and Notice of Meeting– pages 3 to 9b
Section 3: Statement of Agreed Facts and presenting officer representations – pages 10
to 17
Section 4: National College’s documents – pages 18 to 41
Section 5: Teacher documents – pages 42 to 45
The panel members confirmed that they had read all of the documents in advance of the
meeting.
Witnesses
As this is a meeting, the panel heard no oral evidence.
E. Decision and reasons
The panel announced its decision and reasons as follows:
The panel has carefully considered the case before it and has reached a decision.
The panel confirms that it has read all the documents provided in the bundle in advance
of the hearing.
Mr Hawkes-King worked as an IT and computing teacher at Furze Platt Senior School
(“the School”) from 1 January 2013. In November 2015, a relative of Mr Hawkes-King 6
contacted the police in relation to an allegation that he was having an affair with a pupil at
the School. Mr Hawkes-King then informed the headteacher of the School that he had
been having a relationship with a pupil. The School commenced an investigation and Mr
Hawkes-King was suspended on 13 November 2015. Mr Hawkes-King subsequently
resigned from the School on 1 December 2015.
Findings of fact
The panel’s findings of fact are as follows:
The panel has found the following particulars of the allegations against you proven, for
these reasons:
You are guilty of unacceptable professional conduct and/or conduct that may bring
the profession into disrepute in that:
1. In relation to Pupil A (a Year 13 female pupil aged 18) you:
a. Exchanged texts and/or social media and/or Skype messages with her
i. including flirtatious messages;
ii. including messages of a sexual nature;
The panel noted from the Statement of Agreed Facts signed by Mr Hawkes-King on 17
March 2017, that Mr Hawkes-King agrees that Pupil A was a student at the School at the
time of his employment and he taught Pupil A [redacted].
The panel had regard to the management investigation report (“the Report”) prepared by
the School which states that Mr Hawkes-King admitted in a meeting with the School on
11 November 2015 that he had been exchanging emails with a Year 13 student and that
he said these communications had become flirtatious.
The Report also states that Mr Hawkes-King admitted that this then led onto him and
Pupil A “sexting” each other outside of the School. The Report further reflects that Pupil
A’s and Mr Hawkes-King’s accounts to the police indicated that Mr Hawkes-King first
started communicating with Pupil A through an online gaming site known as ‘Steam’ and
Mr Hawkes-King subsequently suggested that he and Pupil A communicate via Skype.
The Report further states that they communicated on Skype, phone calls and video.
A record of Mr Hawkes-King’s investigation meeting with the School on 23 November
2015 states that Mr Hawkes-King’s relationship with Pupil A started through an online
chatroom via ‘Steam’. The panel noted that Mr Hawkes-King admits each of the factual
particulars of allegation 1.a.i and 1.a.ii. in the Statement of Agreed Facts, in particular he
admits that he exchanged messages with Pupil A which contained flirtatious and/or
sexually explicit content from around 9 October 2015.
Allegation 1.a.i and 1.a.ii are therefore found proven. 7
b. Sent to and/or received from Pupil A sexually explicit images and/or
videos,
A record of an investigation meeting with the School on 23 November 2015 reflects Mr
Hawkes-King stating that his Skype contact with Pupil A became more regular and
intimate with pictures being swapped, some of which were inappropriate and also explicit.
The Report indicates that Mr Hawkes-King told the School that Pupil A had sent him a
picture of her bare chest and that he had also shared an inappropriate image of himself.
The Report further reflects that in their account to the police, Pupil A and Mr Hawkes-
King indicated that things became more flirtatious and he and Pupil A started talking
about what they liked “sexually”.
The panel noted this allegation is admitted by Mr Hawkes-King in the Statement of
Agreed Facts. He admits that he exchanged naked photographs with Pupil A containing
images of her breasts and/or his penis from around 17 October 2015. He further admits,
that on or around 21 October 2015, he sent a video of himself masturbating to Pupil A.
This allegation is therefore found proven.
c. Whilst on School premises:
i. hugged and/or kissed Pupil A including kissing her on her neck
and/or breasts,
The Report indicates that Mr Hawkes-King notified the School on 11 November 2015 that
he and Pupil A had hugged each other on school premises. The Report reflects that in
their account to the police, Pupil A and Mr Hawkes-King stated that contact began with
hugging and kissing each other. This progressed to Mr Hawkes-King kissing Pupil A’s
neck and breasts.
The panel noted from the Statement of Agreed Facts that Mr Hawkes-King admits that he
hugged Pupil A, kissed her on the mouth, neck and breasts whilst on school premises.
This allegation is therefore found proven.
ii. allowed Pupil A to masturbate you,
The panel noted that the Report reflects that in their accounts to the police, Pupil A and
Mr Hawkes-King indicated that Mr Hawkes-King touched her on her breasts and genital
area over clothes and she touched his genitals over clothes. This progressed to Mr
Hawkes-King allowing Pupil A to masturbate him.
The panel noted from the Statement of Agreed Facts that Mr Hawkes-King admits that he
allowed Pupil A to masturbate him whilst on school premises. This allegation is therefore
found proven.
iii. touched Pupil A intimately including penetrating her vagina with
your fingers; 8
The Report further indicates, that in their account to the police, Mr Hawkes-King and
Pupil A indicated that Mr Hawkes-King digitally penetrated Pupil A. Mr Hawkes-King
admits the factual particulars of this allegation in the Statement of Agreed Facts. He
admits that he touched Pupil A’s vagina and penetrated her vagina with his fingers. This
allegation is therefore found proven.
2. Your actions as set out above were sexually motivated.
The legal advisor advised the panel that it may find it helpful to ask itself whether on the
balance of probabilities reasonable persons would think the words/actions found proven
against Mr Hawkes-King could be sexual. If so, the panel will then need to go on to ask
itself a second question: whether, in all the circumstances of the conduct in the case, it is
more likely than not that Mr Hawkes-King’s purpose of such words/actions in relation to
Pupil A was sexual.
The panel considered that there was sufficient evidence in the bundle to satisfy itself, on
the balance of probabilities, that reasonable persons would think the conduct found
proven in relation to allegations 1.a. to 1.c. was sexually motivated. Mr Hawkes-King’s
admission to hugging and kissing Pupil A, allowing Pupil A to masturbate him and
penetrating her vagina with his fingers was evidence of Mr Hawkes-King’s sexual desire
for Pupil A. Mr Hawkes-King admits, in the Statement of Agreed Facts, that his actions as
set out at allegations 1.a. to 1.c. were sexually motivated.
The panel therefore found this allegation proven.
Findings as to unacceptable professional conduct and/or conduct that
may bring the profession into disrepute
The panel is satisfied that the conduct of Mr Hawkes-King in relation to the facts found
proven, involved breaches of the Teachers’ Standards. The panel considers that by
reference to Part Two, Mr Hawkes-King 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 teacher’s
professional position;
o having regard for 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, 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. 9
The panel is satisfied that the conduct of Mr Hawkes-King fell significantly short of the
standards expected of the profession. Mr Hawkes-King should not have subjected a pupil
to sexually explicit messages or pictures and should not have engaged in intimacy or
undertaken sexual activity with a pupil.
The panel noted from the Report that Mr Hawkes-King is recorded as stating in his
investigation meeting with the School that he “understood” the high standards of conduct
expected of teachers as set out in the School’s child protection and safeguarding policy
and the internet safety policy. The panel further noted from the Report that Mr Hawkes-
King’s behaviour represented gross misconduct as defined in the School’s discipline
policy, specifically “conduct at work likely to offend decency, including improper
relationship with students”. Even if Pupil A was aged over 18 at the time of the physical
sexual activity, Pupil A was still a pupil of the School and the panel considered Mr
Hawkes-King had crossed the boundaries of an appropriate pupil teacher relationship.
The panel has also considered whether Mr Hawkes-King’s conduct displayed behaviours
associated with any of the offences listed on pages 8 and 9 of the Advice. The panel has
found that the offence of sexual activity is relevant. The Advice indicates that where
behaviours associated with such an offence exist, a panel is likely to conclude that an
individual’s conduct would amount to unacceptable professional conduct.
The panel notes that allegation 1.a. may relate to conduct which took place outside of the
education setting as it is possible that Mr Hawkes-King’s messages on social media and
Skype to Pupil A may have been outside of the School’s premises. The panel considers
that this conduct affects the way Mr Hawkes-King fulfils his teaching role or may lead to
pupils being exposed to or influenced by the behaviour in a harmful way, as pupils should
not receive flirtatious or sexually explicit messages from a teacher.
Accordingly, the panel is satisfied that Mr Hawkes-King is guilty of unacceptable
professional conduct.
The panel has taken into account how the teaching profession is viewed by others and
considered the influence that teachers may have on pupils, parents and others in the
community. The panel has taken account of the uniquely influential role that teachers can
hold in pupils’ lives and that pupils must be able to view teachers as role models in the
way they behave.
The findings of misconduct against Mr Hawkes-King are serious and the conduct
displayed would likely have a negative impact on Mr Hawkes-King’s status as a teacher,
potentially damaging the public perception of the profession. Mr Hawkes-King’s conduct
fell significantly below the behaviour expected of a role model for pupils, parents and
others in the community.
The panel therefore finds that Mr Hawkes-King’s actions constitute conduct that may
bring the profession into disrepute. 10
Panel’s recommendation to the Secretary of State
Given the panel’s findings in respect of unacceptable professional conduct and conduct
that may bring the profession into disrepute, it is 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 has to consider whether it is an appropriate and proportionate
measure, and whether it is 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 has considered the particular public interest considerations set out in the
Advice and having done so has found a number of them to be relevant in this case,
namely: the protection of pupils, the maintenance of public confidence in the profession
and declaring and upholding proper standards of conduct.
There is a strong public interest consideration in respect of the protection of pupils in this
case, given the serious findings of an inappropriate relationship with Pupil A.
Similarly, the panel considers that public confidence in the profession could be seriously
weakened if conduct such as that found against Mr Hawkes-King were not treated with
the utmost seriousness when regulating the conduct of the profession.
The panel considered that a strong public interest consideration in declaring proper
standards of conduct in the profession was also present as the conduct found against Mr
Hawkes-King was outside that which could reasonably be tolerated.
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 Hawkes-King.
In carrying out the balancing exercise, the panel has considered the public interest
considerations both in favour of and against prohibition as well as the interests of Mr
Hawkes-King. 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 proven.
In the list of such behaviours, those that are relevant in this case are:
serious departure from the personal and professional conduct elements of the
Teachers’ Standards;
misconduct seriously affecting the education and/or well-being of pupils,…; 11
abuse of position or trust (particularly involving vulnerable pupils) or violation of the
rights of pupils;
sexual misconduct, eg 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 individual’s professional position;
Even though there were behaviours that would point to a prohibition order being
appropriate, the panel went on to consider whether or not there were sufficient mitigating
factors to militate against a prohibition order being an appropriate and proportionate
measure to impose, particularly taking into account the nature and severity of the
behaviour in this case.
The panel considered there was no evidence that Mr Hawkes-King’s actions were not
deliberate. There was no evidence to suggest that Mr Hawkes-King was acting under
duress, and in fact the panel found his actions to be sexually motivated.
There is no evidence within the bundle relating to Mr Hawkes-King’s previous teaching
history and the panel has seen no evidence that shows Mr Hawkes-King was previously
subject to disciplinary proceedings or warnings. The panel can only assume that Mr
Hawkes-King was of previous good history.
There is no character evidence in the bundle for the panel to consider. However, the
documents from the School’s disciplinary investigation reflects Mr Hawkes-King admitting
his inappropriate conduct towards Pupil A from 11 November 2015. The panel noted from
the Report that the School considers that Mr Hawkes-King’s account of his actions
remained consistent throughout the School’s investigation process and also the police
investigation. The panel noted from his written representations, included in the bundle,
that Mr Hawkes-King states he has never denied “any of the claims” against him and he
completely admits his wrong doing. Mr Hawkes-King indicates that he fully understands
that what he has done will almost certainly result in him “being removed from the teacher
register”. He recognises that what he has done has already caused many people
emotional distress.
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 is sufficient.
The panel is of the view that applying the standard of the ordinary intelligent citizen
recommending no prohibition order is not a proportionate and appropriate response.
Recommending that publication of adverse findings is sufficient in the case would
unacceptably compromise the public interest considerations present in this case, despite
the severity of prohibition for Mr Hawkes-King.
The panel is of the view that prohibition is both proportionate and appropriate. The panel
has decided that the public interest considerations outweigh the interests of Mr Hawkes-12
King. His sexual relationship with Pupil A was a significant factor in forming that opinion.
Accordingly, the panel makes a recommendation to the Secretary of State that a
prohibition order should be imposed with immediate effect.
The panel went on to consider whether or not it would be appropriate to decide to
recommend that a review period of the order should be considered. The panel was
mindful that the Advice advises that a prohibition order applies for life, but there may be
circumstances in any given case that may make it appropriate to allow a teacher to apply
to have the prohibition order reviewed after a specified period of time that may not be
less than 2 years.
The Advice indicates that there are behaviours that, if proven, would militate against a
review period being recommended. One of these behaviours includes serious sexual
misconduct, eg 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 panel has found
that Mr Hawkes-King has been responsible for sexually motivated behaviour towards
Pupil A that resulted in him undertaking sexual activity with Pupil A whilst she was a pupil
of the School. This, in the panel’s view was an abuse by Mr Hawkes-King of his
professional position as a teacher.
The panel noted Mr Hawkes-King’s acknowledgement, in his written representations, that
he had caused emotional distress, however he does not indicate to whom. The record of
his interview with the School on 23 November 2015, reflects Mr Hawkes-King was aware
of the abuse of trust he exercised towards a pupil in his care. However, the panel did not
consider that the documents in the bundle reflect Mr Hawkes-King displaying any level of
insight over the inappropriateness of his actions towards Pupil A.
The panel therefore felt its findings indicated a situation in which a review period would
not be appropriate. As such the panel decided that it would be proportionate, in all the
circumstances, for the prohibition order to be recommended without provision 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 given very careful attention to the advice that is published
by the Secretary of State 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 conduct that may bring the
profession into disrepute. The panel has made a recommendation to the Secretary of 13
State that Mr Hawkes-King should be the subject of a prohibition order, with no provision
for a review period.
In particular the panel has found that Mr Hawkes-King 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 teacher’s
professional position;
o having regard for 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, 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 is satisfied that the conduct of Mr Hawkes-King fell significantly short of the
standards expected of the profession. Mr Hawkes-King should not have subjected a pupil
to sexually explicit messages or pictures and should not have engaged in intimacy or
undertaken sexual activity with a pupil.
The panel also noted from the Report that Mr Hawkes-King is recorded as stating in his
investigation meeting with the School that he “understood” the high standards of conduct
expected of teachers as set out in the School’s child protection and safeguarding policy
and the internet safety policy. The panel further noted from the Report that Mr Hawkes-
King’s behaviour represented gross misconduct as defined in the School’s discipline
policy, specifically “conduct at work likely to offend decency, including improper
relationship with students”. Even if Pupil A was aged over 18 at the time of the physical
sexual activity, Pupil A was still a pupil of the School and the panel considered Mr
Hawkes-King had crossed the boundaries of an appropriate pupil teacher relationship.
The panel has also considered whether Mr Hawkes-King’s conduct displayed behaviours
associated with any of the offences listed on pages 8 and 9 of the Advice. The panel has
found that the offence of sexual activity is relevant. The Advice indicates that where
behaviours associated with such an offence exist, a panel is likely to conclude that an
individual’s conduct would amount to unacceptable professional conduct.
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 14
achieve that aim taking into account the impact that it will have on the individual teacher.
I have also asked myself whether or not 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 Hawkes-King, and the impact that will
have on him, is proportionate.
In this case I have considered the extent to which a prohibition order would protect
children. The panel has made “serious findings of an inappropriate relationship with Pupil
A. ” A prohibition order would therefore prevent such a risk from being present to other
pupils. I have also taken into account the panel’s comments on insight which the panel
sets out as follows, “Mr Hawkes-King was aware of the abuse of trust he exercised
towards a pupil in his care. However, the panel did not consider that the documents in
the bundle reflect Mr Hawkes-King displaying any level of insight over the
inappropriateness of his actions towards Pupil A.”
In my judgement the lack of insight means that there is some risk of the repetition of this
behaviour and this risks future pupils’ well-being. 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, “.public confidence in the profession
could be seriously weakened if conduct such as that found against Mr Hawkes-King were
not treated with the utmost seriousness when regulating the conduct of the profession.”
I am particularly mindful of the serious nature of the findings in this case which include
sexual misconduct and the impact that such a finding has 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 failure to impose a prohibition order might be regarded by the public
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 “ordinary intelligent and well-informed
citizen.”
I have considered whether the publication of a finding of unacceptable professional
conduct, in the absence of a prohibition order, can itself be regarded by such a person as
being a proportionate response to the misconduct that has been found proven in this
case.
I have also considered the impact of a prohibition order on Mr Hawkes-King himself. The
panel had no evidence before it concerning Mr Hawkes-King’s character. In this case
however the seriousness of the sexual misconduct is such that it is in the public interest
for a prohibition order to be imposed, even though that will impact on Mr Hawkes-King. 15
In this case I have placed considerable weight on the panel’s comments concerning the
lack of insight.
I have also placed considerable weight on the finding of the panel that Mr Hawkes-King,
“should not have subjected a pupil to sexually explicit messages or pictures and should
not have engaged in intimacy or undertaken sexual activity with a pupil.”
I have given less weight in my consideration of sanction to the contribution that Mr
Hawkes-King 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 does not in my view satisfy the public
interest requirement concerning public confidence in the profession.
For all of these reasons I have concluded that a prohibition order is proportionate and in
the public interest in order to achieve the aims which a prohibition order is intended to
achieve.
I have gone on to consider the matter of a review period. In this case the panel has
recommended that there should be no provision for a review period.
I have considered the advice published by the Secretary of State. Mr Hawkes-King
behaviour was sexually motivated towards Pupil A and it resulted in him undertaking
sexual activity with Pupil A whilst she was a pupil of the School.
I believe that a prohibition order with no provision for a review period is proportionate to
achieve the aim of maintaining public confidence in the profession and to protect pupils.
This means that Mr Christopher Hawkes-King 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
Christopher Hawkes-King 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 Christopher Hawkes-King 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.
Decision maker: Alan Meyrick
Date: 12 May 2017
16
This decision is taken by the decision maker named above on behalf of the Secretary of
State.
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