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
3451486
Teacher's date of birth:
7 January 1988
Location teacher worked:
Hampshire, South East England
Date of professional conduct panel:
30 and 31 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 Grant Andrew Foyle, formerly employed in Hampshire, South East England .
Date of Birth
7 January 1988
Location teacher worked:
Hampshire, South East England
Date of professional conduct panel:
30 and 31 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 Grant Andrew Foyle, formerly employed in Hampshire, South East England .
Location Employed
Hampshire, South East England
Date of professional conduct panel:
30 and 31 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 Grant Andrew Foyle, formerly employed in Hampshire, South East England .
Professional Panel Date
30 and 31 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 Grant Andrew Foyle, formerly employed in Hampshire, South East 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 Grant Andrew Foyle, formerly employed in Hampshire, South East England .
Decision Published Date
14 June 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:
3451486
Teacher's date of birth:
7 January 1988
Location teacher worked:
Hampshire, South East England
Date of professional conduct panel:
30 and 31 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 Grant Andrew Foyle, formerly employed in Hampshire, South East England .
The proceedings were held at Study Inn, 175 Corporation Street, Coventry, CV1 1GU at 9.30am on 30 and 31 May 2017.
Teacher misconduct
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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 Grant Andrew
Foyle: 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 11
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 Grant Andrew Foyle
Teacher ref number: 3451486
Teacher date of birth: 7 January 1988
NCTL case reference: 14441
Date of determination: 31 May 2017
Former employer: Brighton Hill Community School, Brighton
A. Introduction
A professional conduct panel (“the panel”) of the National College for Teaching and
Leadership (“the National College”) convened on 30 May 2017 at The Study Inn, 165
Corporation Street, Coventry, CV1 1DL to consider the case of Mr Grant Andrew Foyle.
The panel members were Ms Fiona Tankard (teacher panellist – in the chair), Mr Chris
Rushton (lay panellist) and Professor Roger Woods (former teacher panelist).
The legal adviser to the panel was Mr James Danks of Blake Morgan LLP.
The presenting officer for the National College was Ms Kayleigh Brooks of Browne
Jacobson LLP.
Mr Grant Foyle was not present and was not represented.
The hearing took place in public and was recorded.
4
B. Allegations
The panel considered the allegations set out in the Notice of Proceedings dated 3 April
2017.
It was alleged that Mr Grant Foyle was guilty of unacceptable professional conduct
and/or conduct that may bring the profession into disrepute in that:
Whilst employed at Brighton Hill Community School he:
1. During the academic year 2014/2015 engaged in an inappropriate relationship
with Pupil A in that you:
a. Sent inappropriate messages via text and/or WhatsApp to Pupil A including:
i. messages of a sexual nature;
ii. messages containing personal information;
iii. messages referring to Pupil A as his ‘son’;
b. Sent inappropriate photographs via WhatsApp to Pupil A including
photographs of a sexual nature;
c. Attempted to arrange meeting(s) with Pupil A outside of School on one or
more occasions.
2. His conduct in regard to allegation 1(a) – (c), as may be found proven, was
sexually motivated.
In the absence of a response from Mr Foyle, the panel considered his response to the
Notice of Referral form to be his most recent position on the allegations and have
therefore taken the allegations to not be admitted.
C. Preliminary applications
The panel considered an application from Ms Brooks to proceed in the absence of Mr
Foyle.
The panel had consideration to the Notice of Proceedings dated 9 January 2017 in
relation to the previously adjourned hearing in March 2017 and the subsequent Notice of
Proceedings sent to both Mr Foyle and his legal representatives on 3 April 2017. The
panel was satisfied that the necessary service had been properly effected.
The panel considered an email dated 18 May 2017 from Janes Solicitors, who
represented Mr Foyle, to the Presenting Officer. This email confirmed that whilst Mr Foyle
would not in be attendance before the panel, he was aware of the hearing date and was
anxious for the proceedings to conclude as they were having a detrimental impact on his
health. 5
Having considered this email and the Presenting Officer's representations that it was in
the interests of justice that the matter proceed in Mr Foyle's absence, the panel
determined that Mr Foyle had deliberately absented himself and it was in the interests of
all parties that the matter proceed in his absence.
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 2 to 4
Section 2: Notice of Proceedings and Response – pages 6 to 58
Section 3: NCTL witness statements – pages 60 to 62
Section 4: NCTL documents – pages 64 to 536
Section 5: Teacher documents – pages 538 to 550
In addition, the panel agreed to accept the email from Janes Solicitors of 18 May 2017
and included it as page 551.
The panel members confirmed that they had read all of the documents in advance of the
hearing.
Witnesses
The panel did not hear oral evidence from any witness.
E. Decision and reasons
The panel announced its decision and reasons as follows:
We have carefully considered the case before us and have reached a decision.
We confirm that we have read all the documents provided in the bundle in advance of the
hearing.
Mr Foyle had been employed at Brighton Hill Community School (the “School) since April
2013 as a drama teacher. In July 2015, Pupil A's mother became concerned about a
change in her son's mood and because he was behaving suspiciously. She was so
concerned that she looked at Pupil A's phone and found a number of WhatsApp
messages between her son and Mr Foyle. She continued to monitor her son's phone
over the next few days and subsequently raised her concerns with the school in respect
of contact being made by Mr Foyle that appeared to be of a sexual nature. 6
As a result of Pupil A's mother's concerns, an investigation was instigated by the police
and School, which led to Mr Foyle's interview under caution by the police and also by the
school.
Whilst no criminal charges were brought against Mr Foyle, he was suspended by the
School in September 2015 and subsequently tendered his resignation in November
2015.
Findings of fact
Our findings of fact are as follows:
For clarity, before determining any of the allegations, we first considered whether
evidence had been put forward to show between whose phones the text and WhatsApp
messages had been exchanged. We noted that an itemised mobile phone invoice from
Vodafone in Mr Foyle's name was present in the bundle that confirmed his mobile phone
number, which was the same number as shown in the WhatsApp extracts provided by
the police.
We further considered useful evidence on this point from Pupil A's mother who, in her
signed witness statement, confirmed she recognised Mr Foyle's mobile phone number on
her son's mobile phone and that a photo of Mr Foyle accompanied the WhatsApp
messages along with the name 'Grant Foyle' as the contact name. The panel had sight of
a series of photographs taken by Pupil A's mother of Pupil A's WhatsApp conversations
with Mr Foyle.
Mr Foyle accepted in his written representations of 23 September 2016 that messages
had been sent by him to Pupil A.
Taking all of the above into account, we are content that the messages were between Mr
Foyle and Pupil A's phones.
We have found the following particulars of the allegations against you proven, for these
reasons:
1. During the academic year 2014/2015 you engaged in an inappropriate
relationship with Pupil A in that you:
a. Sent inappropriate messages via text and/or WhatsApp to Pupil A
including:
i. messages of a sexual nature;
7
We reviewed the WhatsApp conversation between Mr Foyle and Pupil A in detail and in
particular had reference to the following comments or areas of comment made by Mr
Foyle to Pupil A:
a) there were clear references to Mr Foyle's sexuality and questions regarding Pupil A's
sexuality and possible experimentation in this area;
b) mention was made of a potential 'threesome' with Mr Foyle, Pupil A and another
person including reference by Mr Foyle to Pupil A's seeing him naked;
c) comments regarding Mr Foyle's 'getting action'.
To a lesser extent, we found the summary of Pupil A's record of interview with the police
of some assistance. Pupil A had stated that messages of a sexual nature were
exchanged. However, in the absence of any other evidence from Pupil A, we placed less
evidential weight on this material and considered it corroborative of the type of messages
evidenced by the WhatsApp extracts.
We noted that Mr Foyle's position on the content of the messages was inconsistent. He
both denied that any messages were of a sexual nature and also gave an explanation
that the subject matter was prompted by Pupil A's questions regarding his relationship
with his girlfriend. However, we found both his explanations implausible in light of the
evidence which clearly showed Mr Foyle's persistent instigation of conversations of this
nature.
Whilst we accept there could be instances when a teacher and pupil can properly
exchange messages, this was clearly not the case on this occasion and we found this
allegation proved in relation to the WhatsApp messages.
We noted the evidence of four text messages from Mr Foyle to Pupil A as shown in the
itemised Vodafone invoice. Whilst we accepted there can be legitimate reasons for text
messages to be exchanged between a teacher and pupil and we did not see any
evidence that they were of a sexual nature, we found these to be inappropriate
considering they were sent at night and, on one occasion, at a weekend.
ii. messages containing personal information;
[redacted]
iii. messages referring to Pupil A as your ‘son’;
We again made specific reference to the WhatsApp messages that were before us in
evidence and were satisfied that the term was used by Mr Foyle in messages to Pupil A.
We considered Mr Foyle's position on this allegation as set out in his representations: 8
"…careful analysis of the dialogue clearly illustrates the messages were in every way a 2
way dialogue and Pupil A is seeking contact and an element of comfort and reassurance
from Grant Foyle. The very fact that it is Pupil A who refers to Grant Foyle as "Dad" is
symptomatic of his desire to look upon a teacher as a father figure. A curt dismissal or
discontinuance of the dialogue could have had an adverse emotional impact on Pupil A
and would be considered the reaction of a callous and unfeeling person".
We did not accept this explanation. The relationship between a teacher and pupil must
always retain appropriate boundaries. Further, we noted that on each occasion related to
this allegation, it was Mr Foyle who instigated the messages that referenced Pupil A as
his 'son', including messages that asked Pupil A what family member he thought of Mr
Foyle as being.
There was no effort by Mr Foyle to distance himself from these messages.
b. Sent inappropriate photographs via WhatsApp to Pupil A including
photographs of a sexual nature;
Within the evidence, we considered a number of photographs and the summary of the
police interview with Pupil A that took place on 27 July 2015. Whilst the actual questions
asked of Pupil A are not provided, we noted that this interview took place at an early
stage of proceedings and Pupil A volunteered information including that a photo of an
open condom wrapper had been sent to him by Mr Foyle along with a comment with
reference to the wrapper.
Whilst a photo of this open condom wrapper was not in evidence, during the school's
disciplinary proceedings, Mr Foyle accepted sending such a photo. He said it could have
been sent to friends who were part of a WhatsApp group and therefore if Pupil A had
been sent the photo, this could only have happened in error.
On the basis that Pupil A volunteered this specific information when it would be expected
his phone be checked for photos, and that Mr Foyle admitted taking and sending such a
photo to other contacts on WhatsApp, on balance we found that this photo was sent to
Pupil A.
We also considered a number of photographs from Pupil A's phone that appeared to be
of Mr Foyle's head. We noted that Mr Foyle accepted sending photographs of himself to
Pupil A but did not accept that they were of a sexual nature.
Whilst there was nothing overtly sexual about the photos of Mr Foyle's head, there was
no professional reason for these to be sent by him to Pupil A and we found that these
were inappropriate, albeit not of a sexual nature. 9
However, a photo of an open condom wrapper must be inherently sexual because of its
use and we found all elements of this allegation proved for this photograph.
c. Attempted to arrange meeting(s) with Pupil A outside of School on
one or more occasions.
Whilst Mr Foyle's position was that he never "envisaged..[meeting] Pupil A outside of the
school premises unless the meetings took place at the theatre school" we could not
accept this position because of the persistent suggestions put forward by him within the
WhatsApp messages that this should happen.
In particular we were concerned as to the offers made by Mr Foyle that Pupil A "come
over" followed by questions as to what Pupil A would say to his mother and an offer to
"pick u [sic] up" on more than one occasion.
Further references to meeting were made by Mr Foyle such as:
"We don’t have to chat at school we can go some where else";
"Should we meet and talk this weekend";
"When are we going to meet to chat";
"Fancy coming over and chilling…that's not meant to be in a creepy way"; and
"I would happily pick you up son".
Whether or not a meeting did take place, it was clear from the WhatsApp messages that
efforts were made by Mr Foyle for this to happen as corroborated by Pupil A's account to
the police.
Having found all sub-paragraphs of allegation 1 proved we also found the head of
allegation 1 proved.
2. Your conduct in regard to allegation 1(a) – (c), as may be found proven, was
sexually motivated.
From the times shown on the photographs taken by Pupil A's mother of the WhatsApp
messages, and the references made by Pupil A during those WhatsApp messages about
needing to sleep and about getting up in the morning, it was clear that the messages
were sent late at night.
Mr Foyle did not put forward any credible explanation for the sustained contact with Pupil
A over a significant period of time. In addition, we saw evidence of Mr Foyle's extensive
efforts to secure the communication between himself and Pupil A. We had sight of a 10
coding system used by Mr Foyle to verify the identity of the sender and also saw
references to deleting the messages and ensuring no-one else was present while the
messages were being sent. This went directly to the question of whether the messages
were appropriate.
Throughout the exchange of WhatsApp messages, there were constant references to
matters of a sexual nature. Pupil A repeatedly tried to divert the topic of the conversation
away from that of a sexual nature onto more normal topics; Mr Foyle repeatedly made
reference to matters of sexuality including experimentation, threesomes and sexual
practices and preferences. We found the persistence and suggestiveness of Mr Foyle's
correspondence with a pupil very disturbing.
Taking all of the above into account, we found the facts of allegation 1, both individually
and collectively, to be sexually motivated and therefore found this allegation proved.
Findings as to unacceptable professional conduct and/or conduct that
may bring the profession into disrepute
Having found all of the allegations to have been proven, we have gone on to consider
whether the facts of those proven allegations amount to unacceptable professional
conduct and/or conduct that may bring the profession into disrepute.
In doing so, we have had regard to the document Teacher misconduct: The prohibition of
teachers, which we refer/the panel refers to as “the Advice”.
We are satisfied that the conduct of Mr Foyle in relation to the facts found proven,
involved breaches of the Teachers’ Standards. We consider that by reference to Part
Two, Mr Foyle 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.
We are satisfied that the conduct of Mr Foyle fell significantly short of the standards
expected of the profession.
Accordingly, we are satisfied that Mr Foyle is guilty of unacceptable professional conduct. 11
We have taken into account the way the teaching profession is viewed by others and
considered the influence that teachers may have on pupils, parents and others in the
community. We have also 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 are serious and the conduct displayed would likely have a
negative impact on the individual’s status as a teacher, potentially damaging the public
perception.
We therefore find that Mr Foyle's actions also constitute conduct that may bring the
profession into disrepute.
Panel’s recommendation to the Secretary of State
Given the panel’s findings in respect of unacceptable professional conduct/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 a 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;
declaring and upholding proper standards of conduct.
In light of the panel’s findings against Mr Foyle, which involved sustained and persistent
inappropriate phone contact with a pupil and repeated attempts to meet in person, there
is a strong public interest consideration in respect of the protection of pupils given the
serious findings of an inappropriate relationships with a child.
Similarly, the panel considered that public confidence in the profession could be seriously
weakened if conduct such as that found against Mr Foyle were not treated with the
utmost seriousness when regulating the conduct of the profession. 12
The panel concluded that a strong public interest consideration in declaring proper
standards of conduct in the profession was also present as the conduct found against Mr
Foyle was outside that which could reasonably be tolerated.
Notwithstanding 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 Foyle.
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
Foyle. 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, and
particularly where there is a continuing risk;
a deep-seated attitude that leads to harmful behaviour;
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 the appropriateness of a
prohibition order, 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.
In light of the panel’s findings, there was no evidence that the teacher’s actions were not
deliberate.
There was no evidence to suggest that the teacher was acting under duress, and in fact
the panel found the teacher’s actions to be calculated and motivated.
The teacher did have a previously good history and the panel noted the positive
references from the headteacher and the head of performing arts in January 2013 at his
previous school where he was employed for four years. The panel considered, however,
that Mr Foyle's previous good history did not mitigate the serious impact of his conduct.
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 Foyle. 13
The need to safeguard pupils 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 for them to decide
to recommend that a review period of the order should be considered. 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 behaviours that, if proven, would militate against a
review period being recommended. These behaviours include 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 Foyle's behaviour was sexually motivated and clearly directly affected a pupil.
Not only has Mr Foyle shown no insight into his behaviour, but also the position he put
forward to explain his actions has been proved to be false. He also sought to apportion
blame on the pupil.
The panel felt the findings indicated a situation in which a review period would not be
appropriate and as such decided that it would be proportionate in all the circumstances
for the prohibition order to be recommended without provisions 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 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 State that Mr
Foyle should be the subject of a prohibition order, with no provision for a review period.
In particular the panel has found that Mr Foyle 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 14
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.
The panel has said that it is satisfied that the conduct of Mr Foyle fell significantly short of
the standards expected of the profession.
The panel has also taken into account the way 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 took 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.
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 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 Foyle, 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 observed that Mr Foyle’s behaviour “involved sustained and
persistent inappropriate phone contact with a pupil and repeated attempts to meet in
person”. The panel has also found “there is a strong public interest consideration in
respect of the protection of pupils given the serious findings of an inappropriate
relationships with a child.”
A prohibition order would therefore clearly prevent such a risk from being present. I have
also taken into account the panel’s comments on insight and remorse which the panel
sets out as follows, “Not only has Mr Foyle shown no insight into his behaviour, but also
the position he put forward to explain his actions has been proved to be false. He also
sought to apportion blame on the pupil.” 15
In my judgement the lack of insight means that there is considerable 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, “a strong public interest consideration in
declaring proper standards of conduct in the profession was also present as the conduct
found against Mr Foyle was outside that which could reasonably be tolerated.”
I am particularly mindful of the finding of sexual misconduct 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 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 Foyle himself. The panel
has said, “The teacher did have a previously good history and the panel noted the
positive references from the headteacher and the head of performing arts in January
2013 at his previous school where he was employed for four years. The panel
considered, however, that Mr Foyle's previous good history did not mitigate the serious
impact of his conduct.”
A prohibition order would prevent Mr Foyle from continuing his teaching role and would
also clearly deprive the public of his contribution to the profession for the period that it is
in force.
In this case I have placed considerable weight on the panel’s comments concerning the
lack of insight or remorse. The panel has said that it, “ found the teacher’s actions to be
calculated and motivated.” Taken with the comments already set out on lack of insight I
have given considerable weight to this.
I have given less weight in my consideration of sanction therefore, to the contribution that
Mr Foyle 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 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. 16
For 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 review period. I have considered all of the panel’s
comments in this case. The behaviours found are set out below :
serious departure from the personal and professional conduct elements of the
Teachers’ Standards;
misconduct seriously affecting the education and/or well-being of pupils, and
particularly where there is a continuing risk;
a deep-seated attitude that leads to harmful behaviour;
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;
The panel has also said that there should be no provision for a review period.
I have considered whether that reflects the seriousness of the findings and is a
proportionate period to achieve the aim of maintaining public confidence in the
profession. In this case, there are three factors that in my view mean that the prohibition
should be with no provision for a review period. These are the sexual misconduct found,
the lack of either insight or remorse, and the deliberate nature of the behaviour.
I consider therefore that a prohibition with no review period is required to satisfy the
maintenance of public confidence in the profession.
This means that Mr Grant Foyle 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 Grant Foyle 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 Grant Foyle 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.
17
Decision maker: Alan Meyrick
Date: 7 June 2017
This decision is taken by the decision maker named above on behalf of the Secretary of
State.
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