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
0966687
Teacher's date of birth:
8 October 1974
Location teacher worked:
Buckinghamshire, South East England
Date of professional conduct panel:
6 to 8 May 2015
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 Jeffrey Tansey, formerly employed in Buckinghamshire, South East England.
Date of Birth
8 October 1974
Location teacher worked:
Buckinghamshire, South East England
Date of professional conduct panel:
6 to 8 May 2015
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 Jeffrey Tansey, formerly employed in Buckinghamshire, South East England.
Location Employed
Buckinghamshire, South East England
Date of professional conduct panel:
6 to 8 May 2015
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 Jeffrey Tansey, formerly employed in Buckinghamshire, South East England.
Professional Panel Date
6 to 8 May 2015
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 Jeffrey Tansey, formerly employed in Buckinghamshire, 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 Jeffrey Tansey, formerly employed in Buckinghamshire, South East England.
Decision Published Date
18 May 2015
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:
0966687
Teacher's date of birth:
8 October 1974
Location teacher worked:
Buckinghamshire, South East England
Date of professional conduct panel:
6 to 8 May 2015
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 Jeffrey Tansey, formerly employed in Buckinghamshire, South East England.
The proceedings were held at Copthorne Hotel Birmingham, Paradise Circus, Birmingham B3 3HJ at 9:30 am on 6 May 2015 and 53-55 Butts Road, Earlsdon Park, Coventry CV1 3BH at 9:30 am on 7 and 8 May 2015.
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.
Full PDF Document Transcript Search
Mr Jeffrey Tansey:
Professional conduct
panel outcome
Panel decision and reasons on behalf of the
Secretary of State for Education
May 2015
2
Contents
A. Introduction 3
B. Allegations 4
C. Preliminary applications 4
D. Summary of evidence 7
Documents 7
Witnesses 9
E. Decision and reasons 9
Panel’s recommendation to the Secretary of State 13
Decisions and reasons on behalf of the Secretary of State 17
3
A. Introduction
A professional conduct panel (“the panel”) of the National College for Teaching and
Leadership (“the National College”) convened on 6 May 2015 at the Copthorne Hotel
Birmingham, Paradise Circus, Birmingham B3 3HJ and on 7 and 8 May 2015 at 53-55
Butts Road, Earlsdon Park, Coventry CV1 3BH to consider the case of Mr Jeffrey
Tansey.
The panel members were Ms Mick Levens (teacher panellist – in the chair), Ms Jean
Carter (lay panellist) and Mr Tony Woodward (teacher panellist).
The legal adviser to the panel was Miss Eszter Horvath-Papp of Eversheds LLP.
The presenting officer for the National College was Ms Louisa Atkin of Browne Jacobson.
Mr Tansey was present and was not represented.
The hearing took place in public and was recorded.
Professional conduct panel decision and recommendations, and
decision on behalf of the Secretary of State
Teacher: Mr Jeffrey Tansey
Teacher ref no: 09/66687
Teacher date of birth: 8 October 1974
NCTL case ref no: 10102
Date of determination: 8 May 2015
Former employer: Aylesbury Grammar School, Buckinghamshire 4
B. Allegations
The panel considered the allegations set out in the Notice of Proceedings dated 30
September 2014, as amended by the panel in its preliminary decision as detailed in
section C below.
It was alleged that Mr Tansey was guilty of unacceptable professional conduct and/or
conduct that may bring the profession into disrepute in that whilst employed at the
Aylesbury Grammar School, Aylesbury, he:
1. Met Child A on or around 26 May 2012, a Child that he knew was 15, having met
Child A on a dating site;
2. Kissed Child A on one or more occasion;
3. Held hands with Child A;
4. Agreed that he would meet Child A on a future occasion;
5. Continued to communicate with Child A after 26 May 2012, including that he sent
Child A a message on a dating website after the Police Investigation in
approximately June 2013;
6. The above behaviour constituting conduct of a sexual nature.
Mr Tansey admitted allegations 1 to 5, clarifying that there were only two kisses, both on
the lips, with mouths closed.
Mr Tansey did not admit allegation 6, nor that his behaviour amounted to unacceptable
professional conduct or conduct that may bring the profession into disrepute.
C. Preliminary applications
The panel dealt with two preliminary applications.
Firstly, the presenting officer made an application to amend the allegations in the notice
of proceedings from referring to “Pupil A” to “Child A”, as Mr Tansey had expressed
concern that the person in question had never been a pupil of his, and he felt that this
gave a misleading impression of the status of the Child. The presenting officer did not
object to this change in naming.
The panel was advised that it had the power under paragraph 4.56 of the disciplinary
procedures, in the interests of justice, to amend the particulars of an allegation, at any
stage before making its decision about whether the facts of the case have been proved.
The panel considered the interests of justice and whether there was a risk that prejudice
would be caused to the teacher if the amendment was to be allowed. In the
circumstances, the panel was satisfied that the proposed amendment was of an
administrative nature and would not cause unfairness or prejudice to Mr Tansey, as it 5
would not change the nature of the allegations against him or change the factual bases
upon which the allegations were founded.
On that basis, the panel agreed to amend the allegations so that they referred to “Child
A”.
Secondly, Mr Tansey made a preliminary application to admit a number of documents,
which for ease of reference the panel referred to as documents A to P during the
representations made by the parties and during the panel’s deliberations. Mr Tansey and
the presenting officer made representations on the relevance of the documents to the
proceedings and the fairness of admitting them at this late stage.
The panel received legal advice that paragraph 4.20 of the procedures require each party
to submit to the panel and the other party to the proceedings, a copy of the documents at
least 4 weeks prior to the hearing. In addition, the panel noted that paragraph 4.25 states
that if either party wishes to rely at the hearing upon any document not served in
accordance with these requirements, then that document may only be admitted at the
discretion of the panel.
The panel was also advised that with regard to the exercise of that discretion, paragraph
4.18 states that the panel may admit any evidence, where it is fair to do so, which may
reasonably be considered to be relevant to the case. The panel noted the advice that it
could consider each document individually, or a category of documents. The panel also
understood that it could take into consideration what evidence Mr Tansey himself could
give from his own knowledge.
The panel has carefully considered the application and the representations made. In
reaching its decision, the panel is mindful of its role in finding the facts of the allegations
as set out in the Notice of Proceedings, not wider issues surrounding the difficulties faced
by transgender people, or the problem of underage users on dating websites.
On that basis, the panel decided to admit “document A”, being 34 pages of Mr Tansey’s
Facebook messages. The panel considered that the messages between Mr Tansey and
Child A are directly relevant to the allegations and the relatively small number of pages
meant that it was fair to admit these documents at this late stage.
The panel also decided to admit the following documents, on the basis that they are
directly relevant to Mr Tansey’s interactions with Child A and it was fair to admit these:
Document C: Private chat message from Child A to Mr Tansey suggesting that
they chat on Facebook, dated 30 May 2012. 6
Document K: A list of Mr Tansey’s contacts via a particular dating website,
including Child A.
Document L: Private chat messages between Mr Tansey and Child A in
November 2013.
Document O: Private chat messages between Mr Tansey and Child A on 15
September 2013.
The panel decided not to admit the remainder of the documents, which fall into the
following categories:
Document B – the panel decided that this document, which merely set out the
dates of the other documents, was in itself not necessary to be admitted, as
the dates of the admitted documents are all self-evident. It would therefore be
possible to determine the age of Child A at the time of the particular document.
Documents D, H, I and P – the panel considered that these documents
showed Child A’s propensity to go on dating websites while under the age of
18. While the panel noted that this showed that she was possibly putting
herself at risk, this issue was not relevant to the allegations set out in the
notice of proceedings. The panel also considered that this issue was within Mr
Tansey’s own knowledge and it was open to him to raise this himself in his
own evidence.
Documents E and F – the panel considered that newspaper articles about
underage users of websites were not relevant to the allegations against Mr
Tansey.
Document G – [redacted] The panel considered that this was [redacted]
unrelated to the proceedings and had no relevance to the allegations against
Mr Tansey himself.
Documents J, M, and N: these documents are message board discussions on
dating websites about the problem of underage users. Again, the panel
decided that these discussions are not relevant to the allegations set out in the
notice of proceedings. Further, knowledge of this issue generally would be
within Mr Tansey’s own knowledge and it was open to him to raise this in his
evidence.
The panel reiterated that the evidence must be confined to the allegations as charged in
the notice of proceedings and that the panel’s role was concerned with findings of facts of
the allegations. 7
D. Summary of evidence
Documents
In advance of the hearing, the panel received a bundle of documents which included:
Document Date Pages
1. Anonymised pupil list and chronology 2-3
2. Notice of proceedings and associated
correspondence
5-14
3. Witness statement of Witness A (police constable) 25/06/2013 16-18
4. Witness statement of Witness B (deputy
headteacher)
09/07/2013 19-22
5. Disciplinary investigation report by Witness B 24-27
6. Letter from Mr Tansey to Witness B 09/10/2012 28-29
7. Notes of meeting between Mr Tansey and Witness
B on 20/09/2012
20/09/2012 30-34
8. Notes of the above amended by Mr Tansey 09/10/2012 35-40
9. Mr Tansey’s statement submitted to Witness B 09/10/2012 41-49
10. Notes of meeting between Witness B and Individual
C (headteacher at Aylesbury Grammar School)
17/09/2012 50-51
11. Notes of meeting between Witness B and Individual
D (deputy headteacher at Aylesbury Grammar
School)
20/09/2012 52-53
12. Advice to school from LADO 26/06/2012 54-55
13. Strategy meeting 03/07/2012 56-59
14. Strategy meeting 04/09/2012 60-64
15. Thames Valley Police Crime Incident Management
unit notes
65-66
16. Pupil A’s transcript of interview 28/06/2012 67-72
17. DC Witness A’s police witness statement 09/07/2012 73-75 8
Document Date Pages
18. DC Individual E’s police witness statement 05/07/2012 76
19. Mr Tansey transcript of police interview under
caution
04/07/2012 77-112
20. Letter from Mr Tansey to Individual C regarding
disciplinary hearing (with attachments)
113-115
21. Disciplinary hearing minutes 16/11/2012 116-120
22. Letter from Aylesbury Grammar School to Mr
Tansey re: outcome of disciplinary hearing
19/11/2012 121-122
23. Letter from Mr Tansey to Governors of Aylesbury
Grammar School re: appeal
123-131
24. Minutes of appeal hearing 25/01/2013 132-135
25. Letter from Aylesbury Grammar School to Mr
Tansey re: outcome of appeal hearing
30/01/2013 136
26. E-mails between NCTL and Police re: PNC 19-20/03/2013 137-138
27. Referral to DBS 07/02/2013 139-146
28. Extract from Aylesbury Grammar School Child
Protection Policy
147-148
29. Extract from Every Child Matters guidance 149-150
30. E-mails between Laura Hackney and Mr Tansey 151-155
In addition, the panel agreed to accept the documents referred to in section C above,
namely:
Document Date Pages
31. Extracts from Mr Tansey’s Facebook messages T1-T34
32. Document C: Private chat message from Child A to
Mr Tansey suggesting that they chat on Facebook
30/05/2012 T35
33. Document K: A list of Mr Tansey’s contacts via a
particular dating website, including Child A
T36 9
34. Document L: Private chat messages between Mr
Tansey and Child A
November
2013
T37-38
35. Document O: Private chat messages between Mr
Tansey and Child A on 15 September 2013.
15/09/2013 T39
The panel members confirmed that they had read all of the documents in advance of the
hearing.
Witnesses
The panel heard oral evidence from Witness A, police constable, and Witness B, deputy
head teacher at Aylesbury Grammar School and investigating officer at the school into Mr
Tansey’s case. Witness A and Witness B were called by the presenting officer.
Mr Tansey did not call any witnesses, but gave evidence on his own behalf.
E. Decision and reasons
The panel announced its decision and reasons as follows:
We have now 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, as well as the additional documents admitted as a result of the preliminary
application.
Summary of Evidence
Mr Tansey was employed as a teacher at Aylesbury Grammar School at the time of the
allegations. In around May 2012, he made contact with a person on a dating website who
he initially believed to be over 18. However, soon after initial contact, the person, Child A,
made him aware that she was 15 years old. He nevertheless arranged to meet her for
what was described as a “date” on 26 May 2012. During this meeting, Mr Tansey held
hands with Child A and he kissed her on the lips on two occasions. He continued
communications with her after this meeting.
Findings of Fact
Our findings of fact are as follows:
Allegations 1 to 5 have been admitted by Mr Tansey in the hearing. In addition, the panel
heard and read evidence confirming that Mr Tansey had previously admitted the facts
constituting the allegations set out in 1 to 4 in his police interview and/or during his 10
disciplinary process at Aylesbury Grammar School. Further, in respect of allegations 4
and 5, it was evident from the documentary evidence that Mr Tansey had continued
communications with Child A after his police interview and led her to believe that they
would meet again on a future occasion. Therefore the panel finds allegations 1 to 5
proven.
The panel has found the following particular of the allegations against Mr Tansey proven,
for these reasons:
Allegation 6: The behaviour [set in out allegations 1 to 5] constituting conduct of a
sexual nature
It is the panel’s decision that, on the balance of probabilities, Mr Tansey’s behaviour did
constitute conduct of a sexual nature.
The panel took account of all the evidence presented to it and considered the
circumstances and Mr Tansey’s purpose in meeting Child A on 26 May 2012. In
particular, the panel has carefully considered Mr Tansey’s explanation that, as Child A
was using an adult website; she made herself particularly vulnerable because of her
individual circumstances. He stated that he met her in order to assess her vulnerability,
offer her support and to identify her so that he could ensure that the authorities became
involved and so prevented her from putting herself at risk in the future. The panel did not
find this explanation credible and noted a number of inconsistencies with his earlier
accounts to the police and to the school disciplinary hearing.
The panel noted that Mr Tansey described the meeting as a “date” on more than one
occasion, including in his interview under caution with the police. While Mr Tansey stated
in his witness evidence that for him dates in general were social occasions, the panel did
not find this a credible explanation. In any event, the panel was of the view that Mr
Tansey knew that it was Child A’s understanding that she was going on a date with a
view to exploring the possibility of a relationship.
The panel noted Mr Tansey’s admission of allegations 1 to 5, and considered that the
context of the conduct was that they met on a dating site, then met in person for what
was identified by both parties as a date, where they held hands and exchanged two
closed mouth kisses on the lips. Mr Tansey has admitted that he said to Child A that he
would meet her on a future occasion and continued to communicate with her after their
meeting and after his interview with the police. Taking all of the above into consideration,
the panel was satisfied that this behaviour constituted conduct of a sexual nature.
The panel therefore found allegation 6 proven. 11
Findings as to unacceptable professional conduct and/or
conduct that may bring the profession into disrepute
In considering the allegations that the panel has found proven, the panel has had regard
to the definitions in Teacher Misconduct – The Prohibition of Teachers advice, which we
refer to as the “guidance”.
In particular, the panel has given careful consideration to the wording of paragraph
5(ii)(a) of the guidance which states that “misconduct outside of the education setting will
only amount to ‘unacceptable professional conduct’ if it affects the way the person fulfils
their teaching role or if it may lead to pupils being exposed to or influenced by the
behaviour in a harmful way”. In the current case, the panel accepted that Child A was not
a pupil of Mr Tansey or on the roll of the school in which he was a teacher. The panel
therefore noted that the behaviour took place outside of the education setting. The panel
accepted Mr Tansey’s witness evidence that he was likely to have acted differently had
Child A been a pupil at his school.
The panel was persuaded by the presenting officer’s evidence that, despite Mr Tansey’s
assertions that his actions were the only option available to him, there were a number of
opportunities and alternatives for Mr Tansey to achieve his stated aim of keeping Child A
safe.
The panel considered that Mr Tansey’s actions showed a serious lack of judgment and
deliberate disregard for safeguarding protocols and that this amounted to misconduct of a
serious nature.
The panel was satisfied that the conduct of Mr Tansey in relation to the facts found
proven, involved breaches of the Teachers’ Standards. The panel considered that, by
reference to Part Two of the standards, Mr Tansey was in breach of the following:
Teachers uphold public trust in the profession and maintain high standards of
ethics and behaviour, within and outside school.
The panel was therefore satisfied that the conduct of Mr Tansey fell significantly short of
the standards expected of the profession.
However, upon careful review, the panel considered that paragraph 5(ii)(a) of the
guidance only permitted a finding of unacceptable professional conduct in the case of
misconduct outside the school setting in the specific circumstances expressly stated in
that paragraph. The panel did not consider that Mr Tansey’s behaviour in this case would
affect the way he fulfils his teaching role or that it might lead to his pupils being exposed
to or influenced by the behaviour in a harmful way. On that basis, the panel concluded
that it was not open to it to make a finding of unacceptable professional conduct.
Nevertheless, the panel is satisfied that Mr Tansey’s conduct in relation to the facts found
proven amounted to conduct that may bring the profession into disrepute. 12
The panel has taken into account how 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 has 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.
Again, the panel was conscious that the conduct took place outside of the education
setting and the wording of the guidance at paragraph 5(ii)(b). The panel found that Mr
Tansey’s misconduct was serious and had a negative impact on his status as a teacher,
potentially damaged the public’s perception of teachers and therefore had the potential to
bring the profession into disrepute.
Mr Tansey was inconsistent in his explanation of his actions, giving one version to the
police and the school, and another to the panel. The panel did not accept Mr Tansey’s
explanation as to the reason for this discrepancy, particularly given that his police
interview was under caution and with the benefit of the aid of a legal advisor.
In addition, the panel noted that by his own account, Mr Tansey knew that his status as a
teacher would result in a more severe response from the authorities than if he had not
been a teacher. Further, in his Facebook messages with Child A, prior to the meeting on
26 May 2012, Mr Tansey had stated: “the law protects people under 16.. and I don’t want
to be on the wrong side of that, that’s no good to me, and no good to you..in societies
[sic] eyes, and we agree to those terms by living in this country”.
Mr Tansey has admitted allegations 1 to 5 and admitted in his witness evidence to the
panel that these acts alone would bring about the end of his career as a teacher. Witness
B’s evidence also confirmed that Mr Tansey knew “from being a teacher that it is not what
you do” and he knew that in terms of his profession, his private life was linked to his work
life and he also said that he “understood the age limit too”. The panel noted that Mr
Tansey’s admissions in themselves would have led the panel to a finding of conduct
which brings the profession into disrepute.
The panel has also considered whether Mr Tansey’s conduct displayed behaviours
associated with any of the offences listed on page 8 and 9 of the guidance. The panel
has found that behaviour associated with an offence relating to or involving sexual
activity to be relevant. The guidance indicates that where behaviours associated with
such an offence exist, a panel is likely to conclude that an individual’s actions would
amount to conduct that may bring the profession into disrepute.
Accordingly, the panel is satisfied that Mr Tansey is guilty of conduct that may bring the
profession into disrepute.
13
Panel’s recommendation to the Secretary of State
Given the panel’s findings in respect of conduct that may bring the profession into
disrepute, the panel went on to consider whether it would be appropriate to recommend
the imposition of a prohibition order by the Secretary of State. The panel considered
whether it would be an appropriate and proportionate measure, and whether it would be
in the public interest to do so. The panel was mindful that prohibition orders should not be
given in order to be punitive, or to show that blame has been apportioned, although it
acknowledged that a prohibition order was likely to have punitive effect.
The panel has taken into account the particular public interest considerations set out in
the Teacher Misconduct – The Prohibition of Teachers advice and having done so has
found a number of them to be relevant in this case, namely:
The protection of pupils and other members of the public;
The maintenance of public confidence in the profession;
Declaring and upholding proper standards of conduct.
In light of the panel’s findings against Mr Tansey, which involved a highly inappropriate
meeting with a child aged 15 and conduct of a sexual nature, the panel considered that
there was a strong public interest consideration in recommending a prohibition order.
In particular, the panel considered that Mr Tansey had shown no judgment in relation to
safeguarding of children, and has continued to maintain an untenable position that he
alone had a proper understanding of the situation she was in and that he alone could
“save” Child A and only by means of the conduct that he has admitted. This shows a
serious and continuing lack of judgment on his part.
Mr Tansey continued to show a fundamental misunderstanding of safeguarding advice,
which he appeared to interpret as putting yourself first and stepping away from a difficult
situation. The panel’s view was that safeguarding advice to “keep yourself safe” meant
that as a teacher in monitoring your own behaviour, following the appropriate protocols,
and maintaining appropriate standards of conduct, you avoid putting pupils at risk. There
is no suggestion that a child at risk is to be ignored, but an expectation that a
professional will understand that all appropriate protocols need to be followed.
The panel heard Mr Tansey’s representations that safeguarding training does not cover
circumstances where teachers may encounter underage users on dating websites where
those children may be putting themselves at risk. The panel did not agree with this
submission, and in any event, it was the panel’s view that the appropriate response in
such circumstances was a matter of common sense. When making difficult decisions,
particularly about the safety and welfare of vulnerable children, it should be a matter of
course to consult the appropriate colleagues for advice. 14
The panel further noted that the events took place in 2012, and in the three years since
then, Mr Tansey has not reflected on his actions or gained an insight into the
inappropriateness of what he did.
Given Mr Tansey’s continuing misapprehension, his deliberate disregard for safeguarding
protocols, and his lack of judgment and insight, the panel was satisfied that a prohibition
order would be appropriate to afford protection to pupils and other members of the public
in the future.
Similarly, the panel considered that public confidence in the profession could be seriously
weakened if conduct such as that found against Mr Tansey were not treated with the
utmost seriousness when regulating the conduct of the profession.
Further, given Mr Tansey’s deliberate disregard for safeguarding practices, the panel
considered that there was public interest in declaring and upholding proper standards of
conduct.
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
Tansey himself. The panel took further account of the guidance, which suggested 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, and Mr Tansey himself has accepted that the standards
were not met;
sexual misconduct, e.g. involving actions that were sexually motivated or of a
sexual nature. The panel has already found that Mr Tansey’s conduct was of a
sexual nature.
In light of these factors, the guidance indicated that a prohibition order would be
appropriate.
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 Tansey. Given the serious
failings and the continued lack of insight by Mr Tansey, the panel considered that
prohibition was a proportionate measure.
Even though there were behaviours that would point to a prohibition order being
appropriate, 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 particular:
The panel was of the view that Mr Tansey’s actions were deliberate; 15
The panel was not convinced by Mr Tansey’s argument that he was under duress
when acting as he did;
However, the panel did note that Mr Tansey was a relatively new teacher at the
relevant time and he did have a previously good history.
In light of the above, 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 Tansey. His obvious and ongoing lack of insight into the
inappropriateness of his actions was a significant factor in forming that opinion.
Accordingly, the panel made a recommendation to the Secretary of State that a
prohibition order should be imposed with immediate effect.
The panel then 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 Teacher Misconduct – The Prohibition of Teachers advice advises
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 two years.
The Teacher Misconduct – The Prohibition of Teachers advice indicates that there are
behaviours that, if proven, would militate against a review period being recommended.
These behaviours include serious sexual misconduct, e.g. involving actions that were of
a sexual nature. The panel has already found that Mr Tansey’s conduct was of a sexual
nature.
The panel considered that of most significance was Mr Tansey’s ongoing apparent belief
that he alone could have kept Child A safe and only through the actions that he took. This
demonstrated that Mr Tansey continued to have poor judgment when it comes to
safeguarding of children. A proper understanding of safeguarding is an integral part of
being a teacher. The panel was of the view that it was unlikely that Mr Tansey would ever
gain the necessary insight to demonstrate his understanding of why his conduct was
inappropriate and that this would pose an ongoing risk to vulnerable young people in the
future.
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.
16
Decision and reasons on behalf of the Secretary of State
I have given very careful consideration to this case and to the recommendations made by
the panel in respect of both sanction and review period.
This is a very serious case. The panel has found that Mr Tansey’s actions showed a
serious lack of judgment and deliberate disregard for safeguarding protocols and that this
amounted to misconduct of a serious nature.
I am satisfied that the conduct of Mr Tansey in relation to the facts found proven by the
panel, involved breaches of the Teachers’ Standards. I agree with the panel that Mr
Tansey was in breach of the following:
Teachers uphold public trust in the profession and maintain high standards of
ethics and behaviour, within and outside school.
I agree with the finding of the panel that the conduct of Mr Tansey fell significantly short
of the standards expected of the profession.
I have taken into account the need to balance the interests of the public with those of Mr
Tansey. I have also taken into account the need to be proportionate.
As a result of those considerations I support the recommendation of the panel in regard
to sanction. I have taken account of the published guidance and agree that a prohibition
order is appropriate. In this case the following are relevant:
serious departure from the personal and professional conduct elements of the
Teachers’ Standards, and Mr Tansey himself has accepted that the standards
were not met;
sexual misconduct, e.g. involving actions that were sexually motivated or of a
sexual nature. The panel found that Mr Tansey’s conduct was of a sexual nature.
I have also given consideration to the matter of a review period. I have taken into account
the relevant issues and in particular the view of the panel relating to Mr Tansey’s
judgment and insight. I support the recommendation that there should be no review
period.
This means that Mr Jeffrey Tansey 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 Jeffrey Tansey 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 Jeffrey Tansey 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
NAME OF DECISION MAKER: Alan Meyrick
Date: 12 May 2015
This decision is taken by the decision maker named above on behalf of the Secretary of
State.
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