Mr Daniel Kerr

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 Daniel Kerr

Teacher reference number: 1675299

Teacher's date of birth: 8 November 1992

Location teacher worked: West Drayton, London

Date of professional conduct panel: 2 December 2024

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 Daniel Kerr, formerly employed in West Drayton, London.

Teacher misconduct

Ground Floor, South

Cheylesmore House

5 Quinton RoadCoventryCV1 2WT

Email TRA.Casework@education.gov.uk

Telephone 020 7593 5393

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

Mr Daniel Kerr: Professional conduct panel meeting outcome Panel decision and reasons on behalf of the Secretary of State for Education December 2024 2 Contents Introduction 3 Allegations 3 Preliminary applications 4 Summary of evidence 4 Documents 4 Statement of Agreed Facts 4 Decision and reasons 5 Findings of fact 5 Findings as to conviction of a relevant offence 7 Panel’s recommendation to the Secretary of State 8 Decision and reasons on behalf of the Secretary of State 11 3 Professional conduct panel decision and recommendations, and decision on behalf of the Secretary of State Teacher: Mr Daniel Kerr Teacher ref number: 1675299 Teacher date of birth: 8 November 1992 TRA reference: 19968 Date of determination: 2 December 2024 Former employer: Cherry Lane Primary School, West Drayton Introduction A professional conduct panel (‘the panel’) of the Teaching Regulation Agency (‘the TRA’) convened on 2 December by way of a virtual meeting, to consider the case of Mr Daniel Kerr. The panel members were Mr Nigel Shock (lay panellist – in the chair), Ms Jan Stoddard (lay panellist) and Mrs Natalie Moore (teacher panellist). The legal adviser to the panel was Ms Natalie Kent 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 Kerr that the allegations be considered without a hearing. Mr Kerr provided a signed statement of agreed facts and admitted conviction of a relevant offence. The panel considered the case at a meeting without the attendance of the presenting officer, Ms Sherelle Appleby of Browne Jacobson LLP, or Mr Kerr. The meeting took place in private by way of a virtual meeting. Allegations The panel considered the allegations set out in the notice of meeting dated 11 January 2024. It was alleged that Mr Kerr was guilty of having been convicted of a relevant offence, in that on 2 July 2021 he was convicted at Snaresbrook Crown Court for the offences of: 1. 8 counts of cause/incite a boy under 13 to engage in sexual activity – no penetration contrary to Sexual Offences Act 2003 s.8(1) 4 2. 3 counts of taking indecent photographs or pseudo-photographs of children contrary to Protection of Children Act 1978 s.1 3. 4 counts of cause child under 13 to watch/look sexual act contrary to Sexual Offences Act 2003 s12(1)(a) 4. 3 counts of sexual assault of male child under 13 contrary to Sexual Offences Act 2003 s.7 5. 3 counts of making indecent photograph or pseudo-photograph of children contrary to Sexual Offences Act 1978 s.1(a) 6. 1 count of Offender of any age cause/incite a boy under 13 to engage in sexual activity- penetration – contrary to the Sexual Offences Act 2003. The panel noted that Mr Kerr admitted allegations 1, 2, 3, 4, 5 and 6 as set out in the response to the notice of referral form dated 15 January 2024, and the statement of agreed facts, signed by Mr Kerr on the 23 September 2024. Preliminary applications There were no preliminary applications. Summary of evidence Documents In advance of the meeting, the panel received a bundle of documents which included: • Section 1: Notice of Referral, response and Notice of Meeting – pages 4 to 24 • Section 2: Statement of Agreed Facts and presenting officer representations – pages 26 to 31 • Section 3: Teaching Regulation Agency documents – pages 33 to 47 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 Kerr on 23 September 2024, and subsequently signed by the presenting officer on 30 September 2024. 5 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 Kerr for the allegations to be considered without a hearing. The panel had the ability to direct that the case be considered at a hearing if required in the interests of justice or in the public interest. The panel did not determine that such a direction was necessary or appropriate in this case. On 8 March 2021, Mr Kerr was convicted of: 1. 8 counts of cause/incite a boy under 13 to engage in sexual activity – no penetration - contrary to Sexual Offences Act 2003 s.8(1); 2. 3 counts of taking indecent photographs or pseudo-photographs of children contrary to the Protection of Children Act 1978 s.1; 3. 4 counts of cause child under 13 to watch/look at an image of sexual activity contrary to Sexual Offences Act 2003 s12(1)(a); 4. 3 counts of sexual assault of male child under 13 contrary to Sexual Offences Act 2003 s.7; 5. 3 counts of making indecent photograph or pseudo-photograph of children contrary to Sexual Offences Act 1978 s.1(a); and 6. 1 count of Offender of any age cause/incite a boy under 13 to engage in sexual activity – penetration – contrary to the Sexual Offences Act 2003. On 2 July 2021, Mr Kerr was sentenced to a total of 15 years imprisonment in respect of the convictions as set out above. 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: On 2 July 2021 you were convicted at Snaresbrook Crown Court for the offences of: 1. 8 counts of cause/incite a boy under 13 to engage in sexual activity – no penetration contrary to Sexual Offences Act 2003 s.8(1); 2. 3 counts of taking indecent photographs or pseudo-photographs of children contrary to Protection of Children Act 1978 s.1; 6 3. 4 counts of cause child under 13 to watch/look sexual act contrary to Sexual Offences Act 2003 s12(1)(a); 4. 3 counts of sexual assault of male child under 13 contrary to Sexual Offences Act 2003 s.7; 5. 3 counts of making indecent photograph or pseudo-photograph of children contrary to Sexual Offences Act 1978 s.1(a); and 6. 1 count of Offender of any age cause/incite a boy under 13 to engage in sexual activity- penetration – contrary to the Sexual Offences Act 2003. The panel considered the statement of agreed facts, signed by Mr Kerr on 23 September 2024. In that statement of agreed facts, Mr Kerr admitted the particulars of allegations 1, 2, 3, 4, 5 and 6 and further admitted that the facts of the allegations amounted to conviction of a relevant offence. Notwithstanding this the panel made a determination based on the facts available to it. The panel noted page 8 of the Teacher misconduct: the prohibition of teachers (‘the Advice’) which states that where there has been a conviction at any time, of a criminal offence, the panel will accept the certificate of conviction as conclusive proof of both the conviction and the facts necessarily implied by the conviction, unless exceptional circumstances apply. The panel did not find that any exceptional circumstances applied in this case. The panel had been provided with a copy of the certificate of conviction from Snaresbrook Crown Court, dated 8 March 2021, which detailed that Mr Kerr had been convicted of: 1. 8 counts of cause/incite a boy under 13 to engage in sexual activity – no penetration contrary to Sexual Offences Act 2003 s.8(1); 2. 3 counts of taking indecent photographs or pseudo-photographs of children contrary to Protection of Children Act 1978 s.1; 3. 4 counts of cause child under 13 to watch/look sexual act contrary to Sexual Offences Act 2003 s12(1)(a); 4. 3 counts of sexual assault of male child under 13 contrary to Sexual Offences Act 2003 s.7; 5. 3 counts of making indecent photograph or pseudo-photograph of children contrary to Sexual Offences Act 1978 s.1(a); and 6. 1 count of Offender of any age cause/incite a boy under 13 to engage in sexual activity- penetration – contrary to the Sexual Offences Act 2003. 7 The panel noted that Mr Kerr pleaded guilty to the offences. In respect of the allegations, Mr Kerr was sentenced to a total of 15 years imprisonment including a 3-year extension, and was required to sign the sex offenders register indefinitely. The panel therefore found allegations 1 to 6 proved. Findings as to conviction of a relevant offence Having found the allegations proved, the panel went on to consider whether the facts of those proved allegations amounted to conviction of a relevant offence. In doing so, the panel had regard to the document Teacher misconduct: The prohibition of teachers, which is referred to as ‘the Advice’. The panel was satisfied that the conduct of Mr Kerr in relation to the facts it found proved involved breaches of the Teachers’ Standards. The panel considered that by reference to Part 2, Mr Kerr 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 teacher’s professional position o having regard for the need to safeguard pupils’ well-being, in accordance with statutory provisions o showing tolerance of and respect for the rights of others o not undermining fundamental British values, including democracy, the rule of law, individual liberty and mutual respect, and tolerance of those with different faiths and beliefs o ensuring that personal beliefs are not expressed in ways which exploit pupils’ vulnerability or might lead them to break the law • Teachers must have proper and professional regard for the ethos, policies and practices of the school in which they teach… • Teachers must have an understanding of, and always act within, the statutory frameworks which set out their professional duties and responsibilities. The panel noted that the behaviour in