Mr David Goodwin

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 David Goodwin

Teacher reference number: 0849951

Teacher's date of birth: 13 September 1983

Location teacher worked: Cumbria, north west England

Date of professional conduct panel: 6 January 2023

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 David Goodwin, formerly employed in Cumbria, north west England.

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 David Goodwin: Professional conduct panel meeting outcome Panel decision and reasons on behalf of the Secretary of State for Education January 2023 2 Contents Introduction 3 Allegations 4 Preliminary applications 4 Summary of evidence 4 Documents 4 Statement of agreed facts 5 Decision and reasons 5 Findings of fact 5 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 David Goodwin Teacher ref number: 0849951 Teacher date of birth: 13 September 1983 TRA reference: 20070 Date of determination: 6 January 2023 Former employer: Furness Academy, Barrow-in-Furness, Cumbria Introduction A professional conduct panel (“the panel”) of the Teaching Regulation Agency (“the TRA”) convened on 6 January 2023, by virtual means, to consider the case of Mr David Goodwin. The panel members were Mrs Oluremi Alabi (lay panellist – in the chair), Ms Jackie Hutchings (teacher panellist) and Mr Paul Hawkins (lay panellist). The legal adviser to the panel was Mrs Luisa Gibbons of Eversheds Sutherland (International) 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 Goodwin that the allegations be considered without a hearing. Mr Goodwin 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 Laura Vignoles of Kingsley Napley LLP. The meeting took place in private. 4 Allegations The panel considered the allegations set out in the notice of meeting dated 8 December 2022, as amended pursuant to the preliminary application referred to below. It was alleged that Mr Goodwin was guilty of having been convicted of a relevant offence on 22 October 2021 at Preston Crown Court: 1. Attempting/engaging in sexual communication with a child on 13 April 2021 to 19 April 2021. 2. Attempting/cause child under 13 to watch a sexual act on 13 April 2021 to 19 April 2021. Mr Goodwin admitted both the facts of the allegation and that he was guilty of having been convicted of a relevant offence. Preliminary applications The panel was invited by the presenting officer to amend the date of the conviction referred to in the allegation from 15 December 2021 to 22 October 2021. The panel has the power to, in the interests of justice, amend an allegation or the particulars of an allegation, at any stage before making its decision about whether the facts of the case have been proved. Before making an amendment, the panel is required to consider any representations by the presenting officer and by the teacher, and the panel understood the parties have been afforded that opportunity. A statement of agreed facts reflecting the proposed amendment was provided and signed by Mr Goodwin on 4 January 2023. The panel understood that no comment or representations were made by Mr Goodwin regarding the presenting officer’s proposal to amend the allegation. The panel considered that the amendment proposed was of the nature of a typographical error and was necessary to correlate with the date of conviction set out in the certificate of conviction. The amendment does not change the nature, scope or seriousness of the allegations. There is no prospect of Mr Goodwin’s case being presented differently had the amendment been made at an earlier stage, and therefore no unfairness or prejudice is caused to him. The panel therefore decided to amend the allegation as proposed. Summary of evidence Documents In advance of the meeting, the panel received a bundle of documents which included: 5 Section 1: Chronology and list of key people – pages 3 to 5 Section 2: Notice of referral, response and notice of meeting – pages 6 to 22 Section 3: Statement of Agreed Facts and Representations – pages 23 to 27 Section 4: Teaching Regulation Agency documents – pages 28 to 59 Section 5: Employment Documents – pages 60 to 86 Section 6: Teacher’s documents – pages 87 to 98 In addition, the panel agreed to accept an amended statement of agreed facts signed by Mr Goodwin on 4 January 2022 reflecting the amended date referred to above. Statement of agreed facts The panel considered a statement of agreed facts which was signed by Mr Goodwin on 2 November 2022, and an amended statement of agreed facts reflecting the amended date referred to above, signed by Mr Goodwin on 4 January 2022. Decision and reasons The panel announced its decision and reasons as follows: The panel carefully considered the case and reached a decision. In advance of the meeting, the TRA agreed to a request from Mr Goodwin 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 21 April 2021, Mr Goodwin was arrested on suspicion of sexual communication with a child. On 22 April 2021, Mr Goodwin was suspended from his duties at Furness Academy (“the Academy”). Mr Goodwin tendered his resignation on 17 May 2021, taking effect on 31 May 2021. 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: You have been convicted on 22 October 2021 at Preston Crown Court: 6 1. Attempting/engaging in sexual communication with a child on 13 April 2021 to 19 April 2021. 2. Attempting/cause child under 13 to watch a sexual act on 13 April 2021 to 19 April 2021. The panel has seen a signed certificate of conviction confirming that Mr Goodwin was convicted on 22 October 2021, following a guilty plea of attempting to engage in sexual communication with a child and attempt to cause a child under 13 to watch a sexual act. This also confirmed that Mr Goodwin was sentenced on 15 December 2021. For the first offence, Mr Goodwin was sentenced to 18 months imprisonment suspended for 24 months, required to undertake rehabilitation activity as directed by the probation service for a maximum of 20 days, and to participate in an appropriate programme as directed by a responsible officer. For the second offence, Mr Goodwin was sentenced to 9 months imprisonment suspended for 24 months (concurrent), required to undertake rehabilitation activity as directed by the probation service for a maximum of 20 days, and to participate in an appropriate programme as directed by a responsible officer. The court also directed that Mr Goodwin be subject to a sexual harm prevention order for a period of 10 years and sign the Sex Offender Register for 10 years. Mr Goodwin was also required to pay a statutory surcharge of £156. The panel accepted the certificate of conviction as conclusive proof of both of the convictions and the facts necessarily implied by the conviction. The panel has also seen a police national computer print out which confirms Mr Goodwin was convicted of the matters as set out in the allegations. In a statement of agreed facts, Mr Goodwin admitted that from 13 April to 19 April 2021, he exchanged sexually explicit messages with an undercover police officer who was purporting to be a twelve year old girl. There were no messages sent by Mr Goodwin suggesting an attempt to arrange a meeting in person. The panel found the facts of the allegations proven. 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 convictions of a relevant offence. The panel was satisfied that the conduct of Mr Goodwin in relation to the facts it found proved, involved breaches of the Teachers’ Standards. The panel considered that by reference to Part 2, Mr Goodwin 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 7 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 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 Mr Goodwin’s actions were relevant to teaching, working with children and working in an education setting since he has been ordered to appear on the sex offender’s register for a period of 10 years, having exchanged sexually explicit messages with a recipient he believed to be under twelve years old. The panel noted that the behaviour involved in committing the offence would have been likely to have had an impact on the safety and/or security of members of the public had the individual with whom he was conversing been a twelve year old girl. The panel also took account of the way the teaching profession is viewed by others. The panel considered that Mr Goodwin’s behaviour in committing the offence would be likely to affect public confidence in the teaching profession, if Mr Goodwin was allowed to continue teaching. The panel noted that Mr Goodwin’s behaviour ultimately led to a sentence of imprisonment, (albeit suspended), which was indicative of the seriousness of the offences committed, and