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Mr Gary Hunt:
Professional conduct
panel outcome
Panel decision and reasons on behalf of the
Secretary of State for Education
September 2022
2
Contents
Introduction 3
Allegations 4
Preliminary applications 4
Summary of evidence 6
Documents 7
Witnesses 7
Decision and reasons 7
Findings of fact 7
Panel’s recommendation to the Secretary of State 12
Decision and reasons on behalf of the Secretary of State 14
3
Professional conduct panel decision and recommendations, and decision on
behalf of the Secretary of State
Teacher: Mr Gary Hunt
Teacher ref number: 9563118
Teacher date of birth: 16 September 1971
TRA reference: 18713
Date of determination: 7 September 2022
Former employer: Stone Lodge Academy, Ipswich
Introduction
A professional conduct panel (“the panel”) of the Teaching Regulation Agency (“the
TRA”) convened on 5 to 7 September 2022 by virtual means, to consider the case of Mr
Gary Hunt.
The panel members were Mr Clive Ruddle (lay panellist – in the chair), Ms Jane Gotschel
(teacher panellist), and Mr Ian Hylan (teacher panellist).
The legal adviser to the panel was Mrs Luisa Gibbons of Eversheds Sutherland
(International) LLP solicitors.
The presenting officer for the TRA was Ms Matilda Heselton of Browne Jacobson LLP
solicitors.
Mr Hunt was present and represented by Mr Kim Vollerthun.
The hearing took place in private and was recorded. 4
Allegations
The panel considered the allegations set out in the notice of proceedings dated 24 June
2022.
It was alleged that Mr Hunt was guilty of unacceptable professional conduct and/or
conduct that may bring the profession into disrepute, in that:
1. He engaged in inappropriate contact with one or more children, specifically by;
a. touching Child A [redacted]
b. touching Child B [redacted]
2. His conduct as may be found proven at 1 above was conduct of a sexual nature
and/or was sexually motivated.
3. He placed Child A and/or Child B at risk of injury and/or harm on one or more
occasions by consuming an amount of alcohol which affected his ability to provide
adequate care.
Mr Hunt denied the allegations and denied that he is guilty of unacceptable professional
conduct and/or conduct that may bring the profession into disrepute.
Preliminary applications
Application for the hearing to take place in private
The panel has considered whether to exercise its discretion under paragraph 11 of the
Teachers’ Disciplinary (England) Regulations 2012 (the “Regulations”) and paragraph
4.57 of the Teacher Misconduct Disciplinary Procedures for the Teaching Profession
2018 (the “Procedures”) to exclude the public from all or part of the hearing. This follows
an application by the TRA that the hearing should be in private. Mr Hunt agreed with the
application.
The panel has determined to exercise its discretion under the third bullet point of
paragraph 4.57 of the Procedures that the public should be excluded from the hearing.
The panel has taken into account the general rule that hearings should be held in public
and that this is generally desirable to maintain public confidence in the administration of
justice and also to maintain confidence in the teaching profession. On this occasion,
however, the panel considers that the request for the hearing to be in heard in private, is
a reasonable one, given concerns about the interests of children or vulnerable witnesses.
The panel has considered whether there are any steps short of excluding the public that
would serve the purpose of protecting the interests of children or vulnerable witnesses. 5
The panel decided that it would not be practicable to exclude the public from parts of the
hearing only.
The panel also considered whether it would sufficiently protect the interests of children or
vulnerable witnesses to grant anonymity to those third parties without the need to
exclude the public from the hearing. The panel was not satisfied that this would be a
sufficient step given the reasons cited in the TRA’s application for the hearing to be held
in private.
The panel has had regard to whether the TRA’s request runs contrary to the public
interest. The panel is required to announce its decision in public as to whether the facts
have been proven and whether those facts amount to unacceptable professional conduct
and/or conduct that may bring the profession in disrepute. In the event that the case
continues beyond that stage, any decision of the Secretary of State will also be in public.
The panel considers that in the circumstances of this case, the public interest will be
satisfied by these public announcements. Those public announcements will ensure that
the public confidence in these proceedings and in the standards of the profession are
maintained.
Application to treat Child A and Child B as vulnerable witnesses.
The presenting officer applied for Child A and Child B to be treated as vulnerable
witnesses, and so vulnerable that they should not be permitted to give oral evidence. Mr
Hunt agreed to the application.
The panel directs that both Child A and Child B meet the definition of both a child witness
(being under the age of 18 at the start of the hearing) and a vulnerable witness (the panel
being satisfied that the quality of their evidence is likely to be adversely affected given
that the allegation is of a sexual nature, and they are the alleged victims).
The panel could not be satisfied that Child A and Child B’s welfare would not be
prejudiced by their giving evidence in these proceedings for the reasons set out in the
TRA’s application. The panel therefore directed that they should not be permitted to give
oral evidence.
The panel went on to consider whether it is fair in the circumstances to allow Child A and
Child B’s witness statements and Achieving Best Evidence (“ABE”) video interviews to be
put forward without the opportunity for the witnesses to be cross-examined by Mr Hunt.
The panel had concern as to the welfare of Child A and Child B which it considered to be
good reason for Child A and Child B not to be permitted to give oral evidence.
The panel had regard to the seriousness of the allegations in this case, and that it is open
to the panel to recommend prohibition in this case if the allegations are found proven.
However, the seriousness of the allegations also indicated that there was a public 6
interest in such allegations being considered in light of the available evidence in order
that they can be determined.
The panel noted that the evidence of Child A and Child B is important and constitutes a
critical part of the evidence against Mr Hunt. The panel is to hear oral evidence from
Witness A who spoke with Child A and Child B to obtain their wishes and feelings. The
panel can therefore hear evidence as to the process in which Child A and Child B were
given the opportunity to speak about the matters that are the subject of the allegations.
The panel also has the ABE video recordings of Child A and Child B’s accounts and can
observe the manner in which that evidence was taken. The panel was therefore satisfied
that there are means of assessing the reliability of the evidence of Child A and Child B.
Child A and Child B’s mother who gives evidence of having received Child A and Child
B’s initial disclosure will not be giving evidence, and the panel separately considered
whether [redacted] police interviews ought to be admitted and return to consider this
issue below.
No objection has been made by Mr Hunt to the admission of Child A and Child B’s
statements and recordings of their ABE interviews. The panel will keep in mind whether
Child A and Child B had any reasons to fabricate their allegations and examine carefully
any evidence presented on this point.
The panel will be provided with a hearsay warning in due course. The panel considered
the overall question of fairness given the public interest in determining these allegations
and decided to admit the evidence of Child A and Child B. The panel will assess in due
course the weight that it would attach to their evidence.
Admissibility of two police statements of Child A and Child B’s mother
The panel also noted that the mother who gave evidence of Child A and Child B’s first
disclosure provided 2 witness statements during the course of a police investigation but
is not to be called to give evidence. The panel heard from the presenting officer that the
mother has not been asked to give evidence, since the panel has the direct evidence of
Child A and Child B, and this person could only give hearsay evidence of what she was
told by Child A and Child B. The panel considered that it was fair for the mother’s police
statements to be admitted in evidence. Mr Hunt had agreed the contents of the bundle
containing those statements and may have representations regarding those statements.
The mother’s evidence is not a critical part of the evidence against Mr Hunt, since the key
evidence is that of Child A and Child B themselves. As referred to above, the panel will
receive a hearsay warning in due course. The panel therefore decided to admit the
statements and will decide what weight to attach to this evidence in due course.
Summary of evidence 7
Documents
In advance of the hearing, the panel received a bundle of documents which included:
Section 1: Chronology and anonymised pupil list – pages 6 to 7
Section 2: Notice of proceedings and response – pages 8 to 19
Section 3: Teaching Regulation Agency witness statements – pages 20 to 41
Section 4: Teaching Regulation Agency documents – pages 42 to 196
Section 5: Teacher documents – pages 197 to 211
The panel also received an application bundle setting out the TRA’s applications referred
to above, and Mr Hunt’s response to the application. The panel also received a second
copy of Mr Hunt’s witness statement with amended page references contained within it.
The panel members confirmed that they had read all of the documents within the bundle,
in advance of the hearing and the application bundle. The panel members also confirmed
that they had viewed the recordings of Child A and Child B’s ABE interviews.
Witnesses
The panel heard oral evidence from Witness A – [redacted] who was informed by the
mother of Child A and Child B’s initial disclosure. This witness was called by the
presenting officer.
The panel also heard oral evidence from Mr Hunt.
Decision and reasons
The panel announced its decision and reasons as follows:
From April 2013, Mr Hunt was employed as a teacher at the Stone Lodge Academy (“the
School”). In May 2017, he was promoted to the position of deputy headteacher. On 20
January 2019, concerns were raised following an alleged disclosure by Child A and Child
B the previous evening. On 5 February 2019, Mr Hunt was arrested. On 10 September
2019, Mr Hunt was dismissed from his position. No further action has been taken with
regards to any criminal prosecution of Mr Hunt.
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: 8
1. You engaged in inappropriate contact with one or more children, specifically by;
a. touching Child A [redacted];
Witness A [redacted] gave evidence that their mother [redacted] had met with her on 29
January 2019. [redacted] The mother informed Witness A that Child A had told her that
Mr Hunt [redacted] The mother reported that Child B had then said the same.
[redacted] requested that Witness A speak with Child A and Child B to obtain their wishes
and feelings. Witness A explained to the panel the method she had used for this, and that
she had avoided the use of leading questions. The panel carefully considered the notes
that Witness A made of her separate meetings with Child A and Child B. The notes of her
meeting with Child A record “[redacted]”. Given Witness A’s account as to how this
meeting was conducted, the panel was satisfied that this was a voluntary disclosure
made by Child A.
Child A was subsequently visited by the police and Child A described the incident in very
similar terms as those [redacted] had used when speaking with Witness A.
An ABE interview was conducted by the police on 4 March 2019 with Child A. The panel
noted that during the interview it was first established that Child A understood what was a
truth and what was a lie. The panel also noted that those interviewing Child A were
careful not to suggest answers to Child A and avoided leading questions. During that
interview Child A described that [redacted] Mr Hunt, [redacted].
For these proceedings, Child A gave evidence that [redacted].
The panel considered that Child A had generally been consistent in [redacted] accounts
describing what had happened. Any variation in Child A’s account between 2019, and
[redacted] more recent one for the purpose of these proceedings is not material and can
be explained by the passage of time.
Mr Hunt denies that this incident happened. When asked why Child A and Child B would
have made such allegations, he stated that he did not know and that he had been
shocked by them. [redacted] He questioned whether the allegations had been influenced
[redacted]. Alternatively, he wondered if the children had heard something in the
playground, that had led Child A and Child B to allege this.
The panel noted the language used by Child A in that [redacted] referred to Mr Hunt not
keeping [redacted] and Child B safe. The panel were curious as to the use of this word
and sought to interrogate it, to assess whether the children had been influenced in what
they were saying. Questions were asked of Witness A as to whether this was language
that it might be expected that a child would use. Witness A explained that the children
had weekly one hour personal social and health education lessons and were familiar with 9
the concept of being safe. This was a rolling programme that was revisited annually in
line with the children’s development. She explained that keeping safe was part of the
School culture, and that it was terminology that the children were familiar with.
The panel were alive to the possibility of Child A and Child B having been influenced
[redacted] in making the allegations. [redacted] in respect of the allegations of touching
neither children spoke of having been influenced [redacted] in any way.
The panel noted that Child A had not been able to be specific as to the age [redacted]had
been when the incident occurred. Witness A gave oral evidence that children differ as to
their ability to understand the concept of time. The panel did not consider that Child A’s
inability to provide a specific age affected the credibility of [redacted]account.
The panel considered that Child A had given cogent evidence, appropriate to [redacted]
age, and that [redacted] account was credible. The panel therefore found this allegation
proven.
b. touching Child B in [redacted].
In Witness A’s meeting with Child B to obtain [redacted] wishes and feelings, Child B
made no disclosure. However, Witness A confirmed that during her initial meeting with
Child A and Child B’s mother, the mother had said that Child B had initially made similar
allegations to Child A. Child A and Child B’s mother made a police witness statement on
31 January 2019 to that effect.
At a subsequent meeting with the police, Child B made no disclosure of the matters
alleged. Following that meeting, their mother made a second witness statement to the
police stating that on 4 February 2019, Child B had said [redacted].
An ABE interview was conducted by the police on 4 March 2019 with Child B. The panel
noted that during the interview it was first established that Child B understood what was a
truth and what was a lie. The panel also noted that those interviewing Child B were
careful not to suggest answers to Child B and avoided leading questions. During that
interview Child B stated that Mr Hunt had put [redacted] Child B was shown pictures as
to what [redacted] meant by [redacted], and Child B pointed to [redacted].
In [redacted] statement for these proceedings, Child B made no reference to the alleged
incident. [redacted] simply stated that [redacted] did not “want to share anything more
[redacted].
As referred to above, the panel carefully considered the possibility of Child A and Child B
having been influenced [redacted] in making the allegations. However, in respect of the
allegations of touching, neither child spoke of having been influenced [redacted] in any
way. 10
The panel considered that Child B had given cogent evidence, appropriate to
[redacted] age, and that [redacted] account was credible. Although Child B had not
repeated the allegation on each occasion that [redacted] had the opportunity to, and that
there were minor variations in [redacted] account, the panel considered that this was
understandable given [redacted] age. The panel therefore found this allegation proven.
2. Your conduct as may be found proven at 1 above was conduct of a sexual
nature and/or was sexually motivated.
The panel considered the definition of sexual in s87(1)(b) of the Sexual Offences Act and
decided that the conduct found proven at allegation 1 above was conduct of a sexual
nature. The conduct found proven was such that a reasonable person would consider
that because of its nature it was sexual.
With regard to Mr Hunt’s motivation for his actions, the panel noted that this can only be
proved by inference. The panel considered whether the lack of evidence of the conduct
having been repeated indicated that the actions could have been unintentional. However,
the evidence of Child A and Child B indicated that Mr Hunt would not have had further
opportunity to repeat the conduct, [redacted] The touching was unlikely to have been
accidental given the reference to touching Child A and Child B [redacted] and there is no
proper justification for it. It is more likely than not, therefore, that the touching was
sexually motivated.
The panel therefore found this allegation proven.
The panel found the following particulars of the allegations against you not proved, for
these reasons:
3. You placed Child A and/or Child B at risk of injury and/or harm on one or more
occasions by consuming an amount of alcohol which affected your ability to
provide adequate care.
Child A and Child B gave evidence of Mr Hunt drinking beer and wine, and that on
occasions he would fall asleep [redacted]. Mr Hunt stated in evidence that he would
occasionally take a 5 minute nap through sheer tiredness. [redacted].
Whilst the police found empty bottles at Mr Hunt’s residence, the panel did not consider
this helped with understanding Mr Hunt’s alcohol consumption as there was no evidence
as to the period over which those bottles had accumulated.
The panel were unable to assess whether Mr Hunt fell asleep [redacted] as a result of
drinking alcohol [redacted]. Similarly, the panel did not feel that it had clear evidence of
how long Mr Hunt was asleep for, how often this occurred, how much he had been
drinking, or the environment in which Child A and Child B were at the time. The panel
was satisfied that Mr Hunt consumed alcohol in the children’s presence but could not 11
reach a conclusion either that the consumption of alcohol had led to Mr Hunt falling
asleep, or that in doing so, he had placed the children at risk of injury or harm.
Findings as to unacceptable professional conduct and/or conduct that
may bring the profession into disrepute
Having found allegation 1 and 2 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 “the Advice”.
The panel was satisfied that the conduct of Mr Hunt, in relation to the facts found proved,
involved breaches of the Teachers’ Standards. The panel noted that Teachers’
Standards require that a teacher is expected to demonstrate consistently high standards
in their personal conduct, as well as their professional conduct. The panel considered
that, by reference to Part 2, Mr Hunt was in breach of the requirement to uphold public
t
rust in the profession and maintain high standards of ethics and behaviour, within and
outside school.
The panel was sat isfied that t he conduct of Mr Hunt fell significantly short of the standard
of behaviour expected of a teacher.
The panel found that the offence of sexual activity was 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.
However, the panel noted that the conduct found proven took place outside the education
setting, [redacted]. There was no indication of his conduct having affected the way Mr
Hunt fulfilled his teaching role, or that it may lead to pupils being exposed to or
i
nfluenced by the behaviour in a harmful way. Individual A at the School in which Mr Hunt
w
orked confirmed he had never had any concerns as to how Mr Hunt conducted his
du
ties.
Accordingly, the panel was not satisfied that Mr Hunt was guilty of unacceptable
professional conduct.
The panel
took into account the way the teaching profession is viewed by others, the
responsibilities and duties of teachers in relation to the safeguarding and welfare of
pupils and 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 pupils’ lives and the fact that pupils must be able to view teachers
as role models in the way that they behave.
In considering
the question of whether Mr Hunt’s actions constituted conduct that may
bring the profession into disrepute, the panel also considered whether Mr Hunt’s conduct 12
displayed behaviours associated with any of the offences in the list that begins on page
12 of the Advice.
The panel found that the offence of sexual activity was 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 conduct that may
bring the profession into disrepute.
The findings of misconduct are serious, and the conduct displayed would be likely to
have a negative impact on Mr Hunt’s status as a teacher.
The panel considered that Mr Hunt’s conduct could potentially damage the public’s
perception of a teacher.
The panel therefore found that Mr Hunt’s actions constituted conduct that may bring the
profession into disrepute.
Panel’s recommendation to the Secretary of State
Given the panel’s findings in respect of 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 is
appropriate, the panel had to consider the public interest, the seriousness of the
behaviour and any mitigation offered by Mr Hunt and whether a prohibition order is
necessary and proportionate. 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 had regard to the particular public interest considerations set out in the Advice
and having done so, found the maintenance of public confidence in the profession to be
relevant in this case.
The panel considered that public confidence in the profession could be seriously
weakened if conduct such as that found against Mr Hunt were not treated with the utmost
seriousness when regulating the conduct of the profession.
There is evidence of Mr Hunt being a competent teacher, Individual A having prov ided
positive evidence to the police regarding the conduct o f his duties, and he had received
a promotion to deputy head. However, the panel considered that the adverse public
interest consideration above outweighed any interest in retaining Mr Hunt in the
profession, since his behaviour is fundamentally incompatible with maintaining
confidence in the profession. 13
The panel carefully considered 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.
Sexually motivated conduct towards children undermines public trust in the profession.
The panel took further account of the Advice, which suggests that a panel will likely
consider a teacher’s behaviour to be incompatible with being a teacher if there is
evidence of one or more of the factors that begin on page 15.
• abuse of position or trust…
• sexual misconduct, for example, involving actions that were sexually motivated
or of a sexual nature …
Even though some of the behaviour found proved in this case indicated that a prohibition
order would be appropriate, taking account of the public interest and the seriousness of
the behaviour and the likely harm to the public interest were the teacher be allowed to
continue to teach, the panel went on to consider whether there were mitigating
circumstances.
The panel concluded that Mr Hunt’s actions were deliberate and sexually motivated.
There was no evidence to suggest that Mr Hunt was acting under extreme duress, e.g., a
physical threat or significant intimidation. [redacted]. However, there was no [redacted]
evidence before the panel for it to consider whether this had any impact upon his actions.
There is evidence that Mr Hunt was a competent teacher. However, there was no
evidence that Mr Hunt demonstrates exceptionally high standards in both his personal
and professional conduct or that he has contributed significantly to the education sector.
The panel has been provided with a reference from an associate professor of education,
who was Mr Hunt’s personal tutor whilst he was undertaking modules towards his PG
Diploma in Education Studies. The panel did not consider this reference was relevant to
Mr Hunt’s ethical standards or professional conduct.
Mr Hunt has not expressed any remorse or insight. Mr Hunt declined to present any oral
evidence in mitigation, nor did he make any representations at this stage, and stated that
he continued to deny the allegations.
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 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 Hunt
of prohibition. 14
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 Hunt
The seriousness of his conduct fundamentally undermines trust in the profession.
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 cases involving certain conduct where it is likely that
the public interest will have greater relevance and weigh in favour of not offering a review
period. These cases include serious sexual misconduct, e.g., where the act was sexually
motivated; and also include any sexual misconduct involving a child. The panel found
that Mr Hunt was responsible for engaging in inappropriate contact with two children,
which was sexually motivated.
Mr Hunt has not expressed any remorse or insight and continues to deny the allegations.
There are no mitigating circumstances that would indicate that a review period would 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 both 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 conduct that may bring the profession into disrepute. In this case,
the panel has found allegation 3 not proven. In addition the panel was not satisfied that
Mr Hunt was guilty of unacceptable professional conduct. I have therefore put those
matters entirely from my mind.
The panel has made a recommendation to the Secretary of State that Mr Gary Hunt
should be the subject of a prohibition order, with no provision for a review period.
In particular, the panel has found that Mr Hunt is in breach of the following standards:
“The panel was satisfied that the conduct of Mr Hunt, in relation to the facts found
proved, involved breaches of the Teachers’ Standards. The panel noted that Teachers’ 15
Standards require that a teacher is expected to demonstrate consistently high standards
in their personal conduct, as well as their professional conduct. The panel considered
that, by reference to Part 2, Mr Hunt was in breach of the requirement to uphold public
trust in the profession and maintain high standards of ethics and behaviour, within and
outside school.”
The panel finds that the conduct of Mr Hunt fell significantly short of the standards
expected of the profession.
The findings of misconduct are particularly serious as they involve inappropriate contact
with two children, which was sexually motivated.
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 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 Hunt, and the impact that will have on the teacher, is proportionate and in
the public interest.
I have also taken into account the panel’s comments on insight and remorse, which the
panel sets out as follows, “Mr Hunt has not expressed any remorse or insight. Mr Hunt
declined to present any oral evidence in mitigation, nor did he make any representations
at this stage, and stated that he continued to deny the allegations.” In my judgement, the
lack of insight or remorse means that there is some risk of the repetition of this behaviour.
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, “The panel carefully considered 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. Sexually motivated conduct towards
children undermines public trust in the profession.” I am particularly mindful of the finding
of inappropriate and sexual motivated conduct with children in this case 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 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 “ordinary intelligent and well-informed
citizen.” 16
I have considered whether the publication of a finding of conduct that may bring the
profession into disrepute in this case, 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 Hunt and the panel
comment “There is evidence that Mr Hunt was a competent teacher. However, there was
no evidence that Mr Hunt demonstrates exceptionally high standards in both his personal
and professional conduct or that he has contributed significantly to the education sector.”
In addition I have considered the following “The panel noted that the conduct found
proven took place outside the education setting, [redacted]. There was no indication of
his conduct having affected the way Mr Hunt fulfilled his teaching role, or that it may lead
to pupils being exposed to or influenced by the behaviour in a harmful way . Individual A
at the School in which Mr Hunt worked confirmed he had never had any concerns as to
how Mr Hunt conducted his duties.”
A prohibition order would prevent Mr Hunt 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 cas
e, I have placed considerable weight on the panel’s comments concerning
public interest:
“There is evidence of Mr Hunt being a competent teacher
, Individual A having provided
positive evidence to the police regarding the conduct of his duties, and he had received
a promotion to deputy head. However, the panel considered that the adverse public
interest consideration above outweighed any interest in retaining Mr Hunt in the
profession, since his behaviour is fundamentally incompatible with maintaining
confidence in the profession.”
I have also placed considerable weight on the finding of the panel that “The touching was
unlikely to have been accidental given the reference to touching Child A and Child B
[redacted], and there is no proper justification for it. It is more likely than not, therefore,
that the touching was sexually motivated.”
I have given less weight in my consideration of sanction therefore, to the contribution that
Mr Gary Hunt 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.
Although the conduct took place outside the education setting, the findings of the panel
are serious. The published Advice is clear with cases that involve serious sexual
misconduct and sexual misconduct involving a child. 17
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 panel’s comments “Mr Hunt has not expressed any remorse or
insight and continues to deny the allegations. There are no mitigating circumstances that
would indicate that a review period would 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.”
I have considered whether not allowing a review period reflects the seriousness of the
findings and is a proportionate period to achieve the aim of maintaining public confidence
in the profession. Various factors, including the seriousness of the findings, involving
sexual misconduct with children and the lack of evidence of remorse or insight mean that
that allowing for no review period is necessary to maintain public confidence and is
proportionate and in the public interest.
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 Gary Hunt 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 Hunt 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 Gary Hunt has a right of appeal to the King’s Bench Division of the High Court within
28 days from the date he is given notice of this order.
D
ecision maker: Sarah Buxcey
Date: 13 September 2022
This decision is taken by the decision maker named above on behalf of the Secretary of
State.
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