Mr Dan Boulton

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

Teacher's name: Mr Dan Boulton

Teacher reference number: 9637750

Teacher's date of birth: 29 September 1966

Location teacher worked: Cheshire, northwest England

Date of professional conduct panel: 7 November 2022

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 Dan Boulton, formerly employed in Cheshire, northwest England.

Teacher misconduct

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5 Quinton RoadCoventryCV1 2WT

Email TRA.Casework@education.gov.uk

Telephone 020 7593 5393

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

Mr Dan Boulton: Professional conduct panel meeting outcome Panel decision and reasons on behalf of the Secretary of State for Education November 2022 2 Contents Introduction 3 Allegations 4 Preliminary applications 4 Summary of evidence 5 Documents 5 Statement of agreed facts 5 Decision and reasons 5 Findings of fact 6 Panel’s recommendation to the Secretary of State 10 Decision and reasons on behalf of the Secretary of State 13 3 Professional conduct panel decision and recommendations, and decision on behalf of the Secretary of State Teacher: Mr Dan Boulton Teacher ref number: 9637750 Teacher date of birth: 29 September 1966 TRA reference: 17555 Date of determination: 7 November 2022 Former employer: Brine Leas County High School, Cheshire Introduction A professional conduct panel (‘the panel’) of the Teaching Regulation Agency (‘the TRA’) convened on 7 November 2022 by way of a virtual meeting, to consider the case of Mr Dan Boulton. The panel members were Mr Maurice McBride (lay panellist – in the chair), Ms Jackie Hutchings (teacher panellist) and Mr Roger Woods (former teacher panellist). The legal adviser to the panel was Ms Olivia Toulson of Birketts LLP solicitors. In advance of the meeting, after taking into consideration the public interest and the interests of justice, the TRA agreed to a request from Mr Boulton that the allegations be considered without a hearing. Mr Boulton provided a signed statement of agreed facts and admitted unacceptable professional conduct and conduct that may bring the profession into disrepute. The panel considered the case at a meeting without the attendance of the presenting officer, Ms Rebecca Neeson of Fieldfisher LLP, Mr Boulton or any representative for Mr Boulton. The meeting took place in private by way of a virtual meeting. 4 Allegations The panel considered the allegations set out in the notice of meeting dated 17 October 2022. It was alleged that Mr Boulton was guilty of unacceptable professional conduct and/or conduct that may bring the profession into disrepute, in that whilst a teacher at Brine Leas County High School: 1. Between March and December 2015, he engaged in a sexual relationship with Pupil A, who was a Pupil at the School during the academic year 2014-15. 2. On the dates shown, he made inappropriate comments to the following: a. In or around February 2018, to a group of Pupils, in that he used words to the effect that "bisexual people are just greedy" b. On or around 21 May 2018, to Staff Member 1, words to the effect of "I fucking hate her, I hope she dies of a brain haemorrhage", referring to a pupil. 3. By his conduct set out in paragraph 1, he failed to observe a proper boundary appropriate to a teacher's professional position. 4. By his conduct set out in paragraph 2, he failed to treat pupils with dignity. Mr Boulton admitted the facts of allegations 1 to 4 and that his behaviour amounted to unacceptable professional conduct and conduct that may bring the profession into disrepute falling short of the standards of behaviour expected of a teacher, as set out in the response to the notice of proceedings dated 25 June 2020 and in the statement of agreed facts signed by Mr Boulton on 6 July 2022. Preliminary applications There were no preliminary applications. The panel noted that since the date of the referral to the TRA in this case, new ‘Teacher misconduct: Disciplinary procedures for the teaching profession’ were published in May 2020 (the ‘May 2020 Procedures’). The panel understands that the earlier provisions contained within the ‘Teacher misconduct: disciplinary procedures for the teaching profession’ updated in April 2018 (the ‘April 2018 Procedures’) apply to this case, given that those provisions applied when the referral was made. Although the panel has the power to direct that the May 2020 Procedures should apply in the interests of justice or the public interest, the panel had received no representations that this should be the case. For the avoidance of doubt, therefore, the panel confirms that it has applied the April 2018 Procedures in this case. 5 Summary of evidence Documents In advance of the meeting, the panel received a bundle of documents which included: • Section 1: Chronology, anonymised pupil list and list of key people – pages 1 to 2 • Section 2: Notice of referral, response and notice of meeting – pages 3 to 8 • Section 3: Statement of agreed facts and presenting officer representations – pages 9 to 13 • Section 4: TRA documents – pages 14 to 152 • Section 5: Teacher documents – pages 153 to 171 The panel members confirmed that they had read all of the documents within the bundle, in advance of the meeting. Statement of agreed facts The panel considered a statement of agreed facts which was signed by Mr Boulton on 6 July 2022 and by the presenting officer on 27 July 2022. Decision and reasons The panel carefully considered the case and reached the following decision and reasons: In advance of the meeting, the TRA agreed to a request from Mr Boulton for the allegations to be considered without a hearing. The panel had the ability to direct that the case be considered at a hearing if required in the interests of justice or in the public interest. The panel did not determine that such a direction was necessary or appropriate in this case. Mr Boulton commenced employment at Brine Leas County High School (‘the School’) in 2003. On 5 March 2018, Mr Boulton received a verbal warning for inappropriate comments towards students which form the substance of allegation 2(a) below. A grievance was received by the School on 5 June 2018 and Mr Boulton was invited to a meeting regarding alleged inappropriate comments and actions towards colleagues and alleged inappropriate comments and actions towards and about students. The grievance related to comments which form the substance of allegation 2(b) below. 6 A referral was made to the LADO on 7 June 2018 that related to a separate matter. The referral set out that an allegation had been made by an anonymous caller to the school that Mr Boulton had been involved in a sexual relationship with an individual who was a pupil at the School when the relationship occurred. On 14 June 2018, Mr Boulton was instructed to attend a reconciliation meeting with colleagues and training in relation to concerns regarding the use of inappropriate comments. A referral was made to the police on 15 June 2018. Following disclosure and an allegation of a relationship with Pupil A, an investigation commenced. A fact finding meeting was held on 13 September 2018 and a disciplinary hearing was held on 1 October 2018. Mr Boulton ceased employment at the School on 4 October 2018. The matter was referred to the TRA on 4 October 2018. Findings of fact The findings of fact are as follows: The panel found the following particulars of the allegations against you proved, for these reasons: 1. Between March and December 2015, you engage in a sexual relationship with Pupil A, who was a Pupil at the School during the academic year 2014-15. 2. On the dates shown, you made inappropriate comments to the following: a. In or around February 2018, to a group of Pupils, in that you used words to effect that "bisexual people are just greedy" b. On or around 21 May 2018, to Staff Member 1, words to the effect of "I fucking hate her, I hope she dies of a brain haemorrhage", referring to a pupil. 3. By your conduct set out in paragraph 1, you failed to observe a proper boundary appropriate to a teacher's professional position. 4. By your conduct set out in paragraph 2, you failed to treat pupils with dignity. The panel noted that Mr Boulton admitted the facts of allegation 1 to 4, as set out in the statement of agreed facts signed by Mr Boulton on 6 July 2022. Notwithstanding this, the panel made a determination based on the evidence available to it. 7 In relation to the first allegation, Mr Boulton admitted that between March and December 2015, he engaged in a sexual relationship with Pupil A, who was a pupil at the School during the academic year 2014-2015. Mr Boulton admitted that the relationship commenced in December 2014, progressed to a sexual relationship in March 2015 and then ended in December 2015. Mr Boulton admitted that the relationship occurred when Pupil A was in the sixth form. Mr Boulton admitted that Pupil A visited his house during this period, and that he discussed with Pupil A the nature of their relationship from the outset, and jointly agreed with Pupil A that they would not make the relationship common knowledge until after she had left the School. Pupil A has not made a statement to be taken into account by the panel, however it is understood that she was interviewed by Cheshire Police and confirmed, to them, that she had had a sexual relationship with Mr Boulton that lasted for approximately one year whilst she was a pupil at the School. Mr Boulton admitted that he was aware of the School’s policies and what constitutes an inappropriate relationship with a pupil. Further, Mr Boulton accepted full responsibility for the relationship developing with Pupil A; he admitted that he was in a position of responsibility and should not have allowed the relationship to continue. The panel found allegation 1 proven. In relation to allegation 2(a), Mr Boulton admitted that in or around February 2018, to a group of pupils, he used words to the effect that, “bisexual people are just greedy”. Mr Boulton admitted that he said this during a PSHE lesson on the topic of sexuality. Other pupils were witnesses to this comment and confirmed this comment as part of the School’s internal disciplinary investigation. The panel found allegation 2(a) proven. In relation to allegation 2(b), Mr Boulton admitted that on or around 21 March 2018,