Mr Joe Burston

The Secretary of State does not make these decisions themselves. They are made by a senior official on the recommendation of an independent panel.

Teacher's name: Mr Joe Burston

Teacher reference number: 1587884

Teacher's date of birth: 10 December 1988

Location teacher worked: Sutton, south east England

Date of professional conduct panel: 11 to 14 July 2022

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 Joe Burston, formerly employed in Sutton, south east England.

Teacher misconduct

Ground Floor, South

Cheylesmore House

5 Quinton RoadCoventryCV1 2WT

Email TRA.Casework@education.gov.uk

Telephone 020 7593 5393

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

Mr Joe Burston: Professional conduct panel outcome Panel decision and reasons on behalf of the Secretary of State for Education July 2022 2 Contents Introduction 3 Allegations 4 Preliminary applications 8 Summary of evidence 10 Documents 10 Witnesses 10 Decision and reasons 10 Findings of fact 11 Panel’s recommendation to the Secretary of State 26 Decision and reasons on behalf of the Secretary of State 30 3 Professional conduct panel decision and recommendations, and decision on behalf of the Secretary of State Teacher: Mr Joe Burston Teacher ref number: 1587884 Teacher date of birth: 10 December 1988 TRA reference: 19472 Date of determination: 14 July 2022 Former employer: Cheam High School, Sutton Introduction A professional conduct panel (‘the panel’) of the Teaching Regulation Agency (‘the TRA’) convened on 11 to 14 July 2022 by way of a virtual hearing, to consider the case of Mr Joe Burston. The panel members were Mr Clive Ruddle (lay panellist – in the chair), Ms Jane Gotschel (teacher panellist) and Mrs Bernie Whittle (teacher panellist). The legal adviser to the panel was Ms Abigail Trencher of Birketts LLP solicitors. The presenting officer for the TRA was Ms Kiera Riddy of Browne Jacobson solicitors. Mr Burston was not present and was not represented. The hearing took place by way of a virtual hearing in public and was recorded. 4 Allegations The panel considered the allegations set out in the notice of proceedings dated 12 May 2022. It was alleged that Mr Burston was guilty of unacceptable professional conduct and/or conduct that may bring the profession into disrepute, in that whilst employed as subject leader drama teacher at Cheam High School he: 1. On or around June 2019: a) Showed a historic, obfuscated, image of himself running, partially clothed, across the grounds of the school he attended when he was a pupil to one or more pupils in his class; b) Identified from the image set out in allegation 1a, one or more pupils he had 'slept with' and informed one or more pupils in his class; 2. Failed to maintain professional boundaries with Pupil A when: a) Between 19 March 2020 and 8 July 2020, he exchanged in or around 2637 messages with Pupil A, which included approximately 1348 messages exchanged using Google Classroom and 1289 messages exchanged on the SMHW platform; b) On or before 23 May 2020, he removed the Departmental Line Manager's access to Google Classroom which was used to communication with Pupil A; c) On or around 23 May 2020, he commented ' Only I can read the comments on this group just FYI'; d) On one or more occasions he messaged Pupil A commenting on Pupil A's appearance including: i. On or around 27 April 2020, he commented, 'just know that you're smart, funny, pretty, and if anyone says otherwise they're chatting rubbish'; ii. On or around 5 May 2020, he commented, 'true, true, not that you need it – perfect as is!'; iii. On or around 20 May 2020, commented, 'you been tanning?'; iv. On or around 23 May 2020, commented ' sun is on its way if a tan is what you so desire (not that you need it)'; 5 v. On or around 29 May 2020, he commented 'Like your new priv pic – never seen you with your hair up like that?'; vi. On or around 2 June 2020, he commented 'Like the new priv pic'; vii. On or around 10 June 2020, he commented 'Do you and your sister look alike? Was she blessed with your good looks?' and 'will she mirror the Queen of Cheam?; viii. On or around 10 June 2020, he commented 'you in your trackies?'; e) On one or more occasions, messaged Pupil A asking if she was going to have a shower including; i. On or around 10 June 2020, he commented to Pupil A 'shower time or you been outside?'; ii. On or around 24 June 2020, he commented to Pupil A, 'That shower when you get home is gonna be [emoji of praising hands suggesting 'great']; Pupil A replied 'I honestly can't wait then moisturize after', to which you replied 'OMG' and a smiley emoji with heart shaped eyes; you further replied, 'Oooh mama yes. I used to use cocoa butter'; iii. On or around 24 June 2020, in reply to Pupil A's comment 'just had a cold shower', you commented, 'you are winning right now, regardless of what the game is. Fresh PJs and a fresh bedsheet to top it off'; f) Between 19 March 2020 and 8 July 2020, he engaged in comments that were personal and inappropriate, including; i. used unprofessional slang words to Pupil A, such as; "fam"/"lit"/"AF"/"suckkkkkkkkkkks"/"daaaaaaam"/"mate"/"the ends"; ii. Used emojis such as hearts and smileys; iii. Discussed personal issues about his [REDACTED]; iv. On or around 22 April 2020, referred to Pupil A as 'a princess' and referred to her ex-boyfriend as 'a wasteman'; v. On or around 23 April 2020, commented 'have a hug', followed by 'O'; vi. On or around 2 June 2020, discussed work related matters with Pupil A, in that he commented 'I'm involved in a lot of stuff at school that take up a lot 6 of time. With the [REDACTED] coming its taking up too much time and energy and I don't have it for that anymore', vii. On or around 9 June 2020, discussed what would happen if he earned a million pounds, in that he commented 'mate, we'd be going on a trip, Europe then Vegas'; g) On or around 24 March 2020, he sent an audio and/or video message to Pupil A, as a birthday gift commenting 'I think you are fantastic and when we're out and about we'll have to celebrate properly'; h) On one or more occasions, asked Pupil A where she was and suggested meeting her in person, including: i. On or around 9 June 2020, he said 'you never know. I might walk through the Worchester P [Park] one day and you might happen to be there', Pupil A replied 'sounds like a motive' to which you replied 'I can't possibly comment'; ii. On or around 9 June 2020, he discussed having a kebab with Pupil A and/or Pupil A "riding her bike to his to do so during lockdown"; i) On or around 30 June 2020, met Pupil A socially, after messaging he was about to visit a local shop, Pupil A later states 'it was nice seeing you'; j) On or around 3 July 2020, he enquired from Pupil A where Pupil C lived; 3. Between on or around 20 March 2020 and 01 July 2020, failed to maintain professional boundaries with Pupil B when he sent one or more messages that were personal and/or inappropriate, including; a) Used emojis such as "hot flames"; b) Discussed personal issues about his [REDACTED]; c) Used unprofessional slang words to Pupil B, such as; "fam"/"lit"/"Sick AF"; 4. On one or more occasions, failed to maintain professional boundaries with Pupil C when he sent one or more messages that were personal and/or inappropriate, including: a) On or around 4 May 2020, he commented on Pupil C's appearance, 'Love the hair! Props to your sis for making it happen [emoji of praying hands]'; b) On or around 4 May 2020, he commented to Pupil C in reference to Pupil C's sister, 'If she's a sneaker head I'm going to have to drop her a follow one day'; 7 c) Between 01 May 2020 and 06 July 2020, you: i. Used emojis such as hot flames, hearts and praying hands; ii. Discussed personal issues about his [REDACTED]; iii. Used unprofessional slang words to Pupil C such as; "fam/ lit/AF/siiiiiick"; 5. On or around 23 March 2020, took a screenshot of an image of ex Pupil D from their Instagram account and sent the image to ex Pupil D with the message: 'Stop it you. You're going to make the local boys (and girls) thirsty and that isn't fair at a time of social distancing', when he knew or ought to have known that this was not appropriate; 6. On an unknown date prior to 16 May 2020, failed to maintain professional boundaries with ex Pupil D when he provided his personal contact details to ex Pupil D via social media to use when ex Pupil D visited the school to collect her A Level certificates in order for him to meet ex Pupil D at school when he knew or ought to have known that this was not appropriate; 7. On or around 16 May 2020 sent an audio recording to ex Pupil D of song lyrics which included 'every time you get undressed I hear symphonies in my head' when he knew or ought to have known that this was not appropriate; 8. On an unknown date after May 2020, took a screenshot of an image of ex Pupil D from their Instagram account and sent the image to ex Pupil D with the message: 'Look at that tan – absolutely bloody glowing x’ when he knew or ought to have known that this was not appropriate; 9. On more than one occasion between on or around 03 November 2019 and 16 May 2020, replied to an image on the Instagram account of ex Pupil D with a heart-eyed emoji when he knew or ought to have known that this was not appropriate; 10. On an unknown date prior to 18 December 2019, took a screenshot of an image of ex Pupil E from their Instagram account and sent the image to ex Pupil E with the message: 'Crikey [REDACTED]. Was it cold out? X' when he knew or ought to have known that this was not appropriate; 11. On an unknown date prior to 17 June 2020, sent a message to ex Pupil E stating: 'you still have my number right? If so, I would LOVE it if you could record yourself saying 'you stupid bitch' in the angry way that you used to. I've tried doing it several times but I essentially sound like a wife beater and I want to have it as a SFX in case the mood takes me' when he knew or ought to have known that this was not appropriate; 8 12. On or around 22 June 2020, replied to an image on the Instagram account of ex Pupil E with heart-eyed emojis when he knew or ought to have known that this was not appropriate; 13. On or around 23 June 2020, replied to an image on the Instagram account of ex Pupil E with a hot flame emoji when he knew or ought to have known that this was not appropriate; 14. On an unknown date p