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Mr Joel Osborne:
Professional conduct
panel meeting outcome
Panel decision and reasons on behalf of the
Secretary of State for Education
October 2021
2
Contents
Introduction 3
Allegations 4
Preliminary applications 4
Summary of evidence 5
Documents 5
Statement of agreed facts 5
Decision and reasons 5
Findings of fact 6
Panelās recommendation to the Secretary of State 11
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 Joel Osborne
Teacher ref number: 1281429
Teacher date of birth: 11 September 1990
TRA reference: 16507
Date of determination: 1 October 2021
Former employer: Harwich and Dovercourt High School, Essex
Introduction
A professional conduct panel (āthe panelā) of the Teaching Regulation Agency (āthe
TRAā) convened on 1 October 2021 by way of a virtual meeting, to consider the case of
Mr Joel Osborne.
The panel members were Mrs Marjorie Harris (former teacher panellist ā in the chair), Mr
Neil Hillman (teacher panellist) and Mr Nigel Shock (lay panellist).
The legal adviser to the panel was Mrs Rebecca Utton of Birketts LLP solicitors.
In advance of the meeting, after taking into consideration the public interest and the
interests of justice, the TRA agreed to a request from Mr Osborne that the allegations be
considered without a hearing. Mr Osborne provided a signed statement of agreed facts
and admitted unacceptable professional conduct and/or conduct that may bring the
profession into disrepute. The panel considered the case at a meeting without the
attendance of the presenting officer Ms Chantelle Browne of Fieldfisher LLP, Mr Osborne
or any representative.
The meeting took place in private by way of a virtual meeting, save for the announcement
of the panelās decision, which was announced in public and recorded.
4
Allegations
The panel considered the allegations set out in the notice of meeting dated 13
September 2021
It was alleged that Mr Osborne was guilty of unacceptable professional conduct and/or
conduct that may bring the profession into disrepute, in that whilst a teacher at Harwich
and Dovercourt High School he:
1. During the academic year of 2016-2017, engaged in a conversation with Pupil A in
relation to condoms in circumstances where he knew or ought to have known that
this was not appropriate;
2. During the academic year of 2016-2017, on one or more occasions, engaged in
inappropriate communication with Pupil B in that he sent Pupil B an inappropriate
image of him in his underwear while he was in bed;
3. During the academic year of 2016-2017, on one or more occasions, engaged in
inappropriate communication with Pupil C in that he sent Pupil C an inappropriate
image of him in his underwear;
4. In or around February 2017, whilst on the school Outwards Bound trip, invited Pupil D
and one or more pupils into his bedroom when he knew or ought to have known that
this was not appropriate;
5. On or around 7 April 2017, produced and/or kept a post-it note on his desk which
contained sexual references in relation to one or more pupils.
Mr Osborne admitted the facts of allegations 1 to 5 and that his behaviour amounted to
unacceptable professional conduct and/or conduct that may bring the profession into
disrepute, as set out in the response to the notice of referral signed by Mr Osborne on 11
October 2020, and the statement of agreed facts signed by Mr Osborne on 18 July 2021.
Preliminary applications
There were no preliminary applications.
The panel noted that since the date of the referral to the TRA in this case, new āTeacher
misconduct: Disciplinary procedures for the teaching professionā were published in May
2020 (the āMay 2020 Proceduresā). The panel understands that the earlier provisions
contained within the āTeacher misconduct: disciplinary procedures for the teaching
professionā updated in April 2018 (the āApril 2018 Proceduresā) apply to this case, given
that those provisions applied when the referral was made. Although the panel has the
power to direct that the May 2020 Procedures should apply in the interests of justice or
the public interest, the panel had received no representations that this should be the 5
case. For the avoidance of doubt, therefore, the panel confirms that it has applied the
April 2018 Procedures in this case.
Summary of evidence
Documents
In advance of the meeting, the panel received a bundle of documents which included:
⢠Section 1: Chronology and anonymised pupil list ā pages 1 to 2
⢠Section 2: Notice of referral, response and notice of meeting ā pages 3 to 14
⢠Section 3: Statement of agreed facts and presenting officer representations ā
pages 15 to 19
⢠Section 4: Teaching Regulation Agency documents ā pages 20 to 130
⢠Section 5: Relevant correspondence ā pages 131 to 134
The panel members confirmed that they had read all of the documents within the bundle,
in advance of the meeting.
Statement of agreed facts
The panel considered a statement of agreed facts which was signed by Mr Osborne on
18 July 2021.
Decision and reasons
The panel announced its decision and reasons as follows:
The panel carefully considered the case and reached a decision.
In advance of the meeting, the TRA agreed to a request from Mr Osborne for the
allegations to be considered without a hearing. The panel had the ability to direct that the
case be considered at a hearing if required in the interests of justice or in the public
interest. The panel did not determine that such a direction was necessary or appropriate
in this case.
In summary, Mr Osborne was employed as a humanities teacher by Harwich and
Dovercourt High School (āthe Schoolā) from 1 July 2014.
Concerns arose regarding Mr Osborneās alleged inappropriate communication with one
or more pupils by way of social media in or around March 2017. Student interviews were 6
then carried out and the Local Authority Designated Officer (āLADOā) was contacted on
27 March 2017.
The first investigatory meeting was held, on 30 March 2017, after which Mr Osborne was
suspended.
The police confirmed that they would not be proceeding with their investigation, on 26
April 2017.
The School then held a second investigatory meeting on 5 May 2017. Subsequent
meetings with students were held on 9 May and 17 May 2017.
Further concerns were raised by members of staff on 18 May 2017 and a third
investigatory meeting took place on 24 May 2017. Additional meetings were then held
with students on 25 May 2017.
The police contacted the School, on 9 June 2017, to confirm that the police would
investigate the allegations. A disciplinary meeting was then held, during which Mr
Osborne was summarily dismissed from the School, on 12 June 2017.
The School referred the matter to the TRA, on 30 June 2017. The police confirmed to the
TRA by email that they decided to take no further action due to there being insufficient
evidence to meet the Crown Prosecution Serviceās threshold. The police investigation
was closed.
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:
1. During the academic year of 2016-2017, engaged in a conversation with Pupil A
in relation to condoms in circumstances where you knew or ought to have
known that this was not appropriate;
The panel noted that in the statement of agreed facts, signed by Mr Osborne on 18 July
2021, Mr Osborne admitted the facts of allegation 1.
Mr Osborne admitted discussing condoms with Pupil A in a Snapchat message.
Notwithstanding Mr Osborneās admission, the panel made its own determination of the
facts of this allegation on all of the evidence before it.
The panel considered the documentary evidence of Pupil A and noted that Pupil A made
specific reference to the fact that Mr Osborne would ask if Pupil A wanted condoms. 7
The panel deemed this wholly inappropriate. The panel further noted that Pupil A
expressed how the conduct of Mr Osborne made Pupil A feel uncomfortable.
The panel found the facts of allegation 1 proven.
2. During the academic year of 2016-2017, on one or more occasions, engaged in
inappropriate communication with Pupil B in that you sent Pupil B an
inappropriate image of you in your underwear while you were in bed;
The panel noted that in the statement of agreed facts, signed by Mr Osborne on 18 July
2021, Mr Osborne admitted the facts of allegation 2.
Mr Osborne admitted sending a picture of himself in his underwear whilst in bed, to Pupil
B via Snapchat.
Notwithstanding Mr Osborneās admission, the panel made its own determination of the
facts of this allegation on all of the evidence before it.
The panel considered there was evidence within the bundle, in particular the statements
provided by pupilās and images of the stills taken from Snapchat, which supported Mr
Osborneās admission of the facts. The panel took particular note of the documentary
evidence from Pupil B, in which Pupil B specifically stated that Mr Osborne sent Pupil B a
āpicture of him in his underwear whilst in bedā.
The panel considered Mr Osborneās explanation provided during the schoolās disciplinary
process (that he had made a mistake in sending the image to a pupil, but it had not been
intentional) to be unpersuasive. The panel considered that as a professional Mr Osborne
should have exercised a higher standard of care in the use of his device and social
media platforms. The panel concluded that on balance Mr Osborne knew what he was
doing and that his actions were deliberate.
The panel found the facts of allegation 2 proven.
3. During the academic year of 2016-2017, on one or more occasions, engaged in
inappropriate communication with Pupil C in that you sent Pupil C an
inappropriate image of you in your underwear;
The panel noted that in the statement of agreed facts, signed by Mr Osborne on 18 July
2021, Mr Osborne admitted the facts of allegation 3.
Mr Osborne admitted to sending a picture of himself in his underwear with pubic hair
showing, to Pupil C.
Notwithstanding Mr Osborneās admission, the panel made its own determination of the
facts of this allegation on all of the evidence before it. 8
The panel considered there was evidence within the bundle, in particular the statement
provided by Pupil C and images of the stills taken from Snapchat, which supported Mr
Osborneās admission of the facts.
The panel considered it to be irrelevant whether the image was a posed or a snap shot.
Given its content and nature the panel concluded the image to be sexual. The panel
deemed it was wholly inappropriate for Mr Osborne to send the image to Pupil C,
irrespective of how it was captured.
As with allegation 2, the panel considered that as a professional Mr Osborne should have
exercised a higher standard of care in the use of his device and social media platforms.
The panel concluded that on balance Mr Osborne knew what he was doing and that his
actions were deliberate.
The panel found the facts of allegation 3 proven.
4. In or around February 2017, whilst on the school Outwards Bound trip, invited
Pupil D and one or more pupils into your bedroom when you knew or ought to
have known that this was not appropriate;
The panel noted that in the statement of agreed facts, signed by Mr Osborne on 18 July
2021, Mr Osborne admitted the facts of allegation 4.
Mr Osborne, Individual 1 and several pupilās attended a school Outwards Bound trip. Mr
Osborne was responsible for one group of pupils whilst Individual 1 was responsible for a
second group of pupils. On night 3 of the trip, Individual 1 group of pupils were involved
in an overnight expedition. On that evening, Mr Osborne admitted that he invited Pupil D
and other pupils into his bedroom.
Notwithstanding Mr Osborneās admission, the panel made its own determination of the
facts of this allegation on all of the evidence before it.
The panel considered there was evidence within the bundle, in particular the statement
provided by Pupil D, which supported Mr Osborneās admission of the facts.
The panel considered that Mr Osborne operated in a clandestine manner by inviting pupils
to his own private room instead of meeting with them in a common room/space, particularly
on a night when Individual 1 was not there. Given its nature, the panel viewed the game,
Cards Against Humanity, to be inappropriate for Mr Osborne to be playing with pupils in
his care.
The panel noted from the documentary evidence that Mr Osborne admitted to having
read the Schoolās policies on the safeguarding of children. Mr Osborne therefore should
have been aware that inviting children in to his bedroom was not appropriate. 9
The panel found the facts of allegation 4 proven.
5. On or around 7 April 2017, produced and/ or kept a post-it note on your desk
which contained sexual references in relation to one or more pupils.
The panel noted that in the statement of agreed facts, signed by Mr Osborne on 18 July
2021, Mr Osborne admitted the facts of allegation 5.
Mr Osborne admitted that he produced the post-it note and that the handwriting on the
post-it note was his.
Notwithstanding Mr Osborneās admission, the panel made its own determination of the
facts of this allegation on all of the evidence before it.
The panel considered there was evidence within the bundle, in particular a copy of the
post-it note, which supported Mr Osborneās admission of the facts. The panel considered
the contents of the post-it note to contain sexual references and identified the pupils
concerned.
The panel noted Mr Osborneās explanation for the post-it note; that it was written
following overhearing pupils talking in the corridor and he had forgotten about it. Given
the nature of the conversation heard, and the safeguarding issues that it raised, the panel
concluded that Mr Osborne failed to act appropriately. The panel considered it wholly
inappropriate for Mr Osborne to leave the post-it note on his desk where anyone
accessing the room could, and did, find it. The panel concluded that Mr Osborneās
actions had shown a complete disregard of safeguarding policy by his failure to record
properly, store confidentially and report appropriately to a designated safeguarding lead
evidence of any concern.
The panel found the facts of allegation 5 proven.
Findings as to unacceptable professional conduct and/or conduct that
may bring the profession into disrepute
Having found the allegations 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 āthe Adviceā.
The panel was satisfied that the conduct of Mr Osborne in relation to the facts found
proved, involved breaches of the Teachersā Standards. The panel considered that, by
reference to Part 2, Mr Osborne was in breach of the following standards: 10
⢠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 teacherās
professional position
o having regard for the need to safeguard pupilsā 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.
⢠Teachers must have an understanding of, and always act within, the statutory
frameworks which set out their professional duties and responsibilities.
The panel was satisfied that the conduct of Mr Osborne fell significantly short of the
standards expected of the profession.
The panel also considered whether Mr Osborneās conduct displayed behaviours
associated with any of the offences listed on pages 10 and 11 of the Advice. The panel
found that none of these offences was relevant. The Advice indicates that where
behaviours associated with such an offence exist, a panel is more likely to conclude that
an individualās conduct would amount to unacceptable professional conduct.
The panel noted that allegations 1, 2 and 3 took place outside the education setting, in
that they took place via a social media platform, Snapchat, and took place outside school
hours. The panel considered that the nature of Mr Osborneās misconduct touched upon
his profession as a teacher. The panel considered that teachers have a responsibility to
all children to maintain professional boundaries and that by his actions Mr Osborne had
undeniably failed in this regard.
The panel considered Mr Osborneās conduct in respect of each allegation to be of a very
serious nature, falling significantly short of the standard of behaviour expected of a
teacher. The panel found all the allegations to be of a sexual nature.
Accordingly, the panel was satisfied that Mr Osborne was guilty of unacceptable
professional conduct.
The panel took 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 also took account of the uniquely influential role that teachers can
hold in pupilsā lives and the fact that pupils must be able to view teachers as role models
in the way they behave. 11
The findings of misconduct were serious and the conduct displayed would be likely to
have a negative impact on Mr Osborne's status as a teacher, potentially damaging the
public perception. In particular, the panel considered that parents, and the public, would
be highly concerned if they became aware of the nature of the messages being sent by
Mr Osborne to pupils. Furthermore, it is damaging to the trust placed in the profession if
teachers themselves breach safeguarding policies and in addition fail to report
safeguarding issues once they are made aware of them.
The panel therefore found that Mr Osborne's actions constituted conduct that may bring
the profession into disrepute.
Having found the facts of particulars 1 to 5 proved, the panel further found that Mr
Osborneās conduct amounted to both unacceptable professional conduct and conduct
that may bring the profession into disrepute.
Panelās recommendation to the Secretary of State
Given the panelās findings in respect of unacceptable professional conduct and 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
should be made, the panel had to consider whether it would be an appropriate and
proportionate measure, and whether it would be 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 punitive effect.
The panel had regard to the particular public interest considerations set out in the Advice
and, having done so, found a number of them to be relevant in this case, namely: the
protection of pupils, the protection of other members of the public, the maintenance of
public confidence in the profession and declaring and upholding proper standards of
conduct.
In the light of the panelās findings against Mr Osborne, which included inappropriate
communication with pupils, there was a strong public interest consideration in respect of
the protection of pupils.
Similarly, the panel considered that public confidence in the profession could be seriously
weakened if conduct such as that found against Mr Osborne were not treated with the
utmost seriousness when regulating the conduct of the profession. 12
The panel decided that a strong public interest consideration in declaring proper
standards of conduct in the profession was also present as the conduct found against Mr
Osborne 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 Osborne.
In carrying out the balancing exercise, the panel suggests that a prohibition order may be
appropriate if certain behaviours had regard to the public interest considerations both in
favour of, and against, prohibition as well as the interests of Mr Osborne. The panel took
further account of the Advice, which of a teacher have been proved. 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
Teachersā Standards;
⢠misconduct seriously affecting the education and/or well-being of pupils, and
particularly where there is a continuing risk;
⢠abuse of position or trust (particularly involving vulnerable pupils) or violation of the
rights of pupils;
⢠sexual misconduct, for example, 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 individualās professional position;
⢠any activity involving viewing, taking, making, possessing, distributing or
publishing any indecent photograph or image or pseudo photograph or image of a
child, or permitting such activity, including one-off incidents;
Even though some of the behaviour found proved in this case indicated that a prohibition
order would be appropriate, the panel went on to consider the mitigating factors.
Mitigating factors may indicate that a prohibition order would not be appropriate or
proportionate.
There was no evidence that Mr Osborne's actions were not deliberate.
The panel was not presented with any evidence to suggest that Mr Osborne was acting
under duress.
The panel did not see any evidence which showed Mr Osborne was previously subject to
disciplinary proceedings/warnings.
The panel noted that no mitigation had been submitted by Mr Osborne or any evidence to
attest to his ability as a teacher. 13
The panel considered the contents of an undated letter submitted to the TRA by Mr
Osborne. In this letter Mr Osborne stated that he openly acknowledged his wrong doing
and lack of judgement with regards to the allegations. The panel however, from the full
bundle of documents they had considered, did not concur with Mr Osborneās submission.
The panel considered that Mr Osborne had failed to demonstrate any real insight,
remorse or understanding of his actions and the potential or actual damage that could
have been caused to pupils.
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 was sufficient would
unacceptably compromise the public interest considerations present in this case, despite
the severity of the consequences for Mr Osborne of prohibition.
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
Osborne. The fact that each allegation had a sexual connotation together with Mr
Osborneās lack of reflection as to the damage he could have caused were significant
factors 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 went on to consider whether or not it would be appropriate 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 twos
years.
The Advice indicates that there are behaviours that, if proved, would militate against the
recommendation of a review period. One of these behaviours includes serious sexual
misconduct, such as 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 his professional position to influence or exploit a person or persons. The panel
deemed the images taken by Mr Osborne and sent to pupils to be provocative. By their
nature and content the panel concluded they were both of a sexual nature and sexually
motivated. The panel therefore found Mr Osborne was responsible for sending
inappropriate communications to pupils which were sexually motivated.
The panel considered Mr Osborneās actions to be extremely serious. In the absence of
any evidence that Mr Osborne fully understood his actions to be wrong, and potentially 14
dangerous, and the fact he gave no indication that he would change his behaviour the
panel decided that a review period would not be appropriate. As such, the panel 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 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 all of 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 Joel Osborne
should be the subject of a prohibition order, with no provision for a review period.
In particular, the panel has found that Mr Osborne 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 teacherās
professional position
o having regard for the need to safeguard pupilsā 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.
⢠Teachers must have an understanding of, and always act within, the statutory
frameworks which set out their professional duties and responsibilities.
The panel finds that the conduct of Mr Osborne fell significantly short of the standards
expected of the profession.
The findings of misconduct are particularly serious as the panel found all the allegations to
be of a sexual nature.
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 15
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 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 Osborne, and the impact that will have on him, is
proportionate and in the public interest.
In this case, I have considered the extent to which a prohibition order would protect
children. The panel has observed, āIn the light of the panelās findings against Mr
Osborne, which included inappropriate communication with pupils, there was a strong
public interest consideration in respect of the protection of pupils.ā A prohibition order
would therefore prevent such a risk from being present in the future.
I have also taken into account the panelās comments on insight and remorse, which the
panel sets out as follows, āThe panel considered that Mr Osborne had failed to
demonstrate any real insight, remorse or understanding of his actions and the potential or
actual damage that could have been caused to pupils.ā
In my judgement, the lack of insight means that there is some risk of the repetition of this
behaviour, and this puts the future well being of pupils at risk. 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, āthat public confidence in the profession
could be seriously weakened if conduct such as that found against Mr Osborne were not
treated with the utmost seriousness when regulating the conduct of the profession. The
panel decided that a strong public interest consideration in declaring proper standards of
conduct in the profession was also present as the conduct found against Mr Osborne
was outside that which could reasonably be tolerated.ā I am particularly mindful that the
panel observe, āthat each allegation had a sexual connotationā, and the impact that 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 āordinary intelligent and well-informed
citizen.ā
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. 16
I have also considered the impact of a prohibition order on Mr Osborne together with the
panelās consideration of mitigating factors. The panel observed:
⢠āThere was no evidence that Mr Osborne's actions were not deliberate.ā
⢠āThe panel was not presented with any evidence to suggest that Mr Osborne was
acting under duress.ā
⢠āThe panel did not see any evidence which showed Mr Osborne was previously
subject to disciplinary proceedings/warnings.
The panel also noted āthat no mitigation had been submitted by Mr Osborne or any
evidence to attest to his ability as a teacher.ā
A prohibition order would prevent Mr Osborne from teaching and would also clearly
deprive the public of his contribution to the profession for the period that it is in force.
I have also placed considerable weight on the nature of the conduct and less weight in my
consideration of sanction, to the contribution that Mr Osborne has made to the profession.
In my view, it is necessary to impose a prohibition 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.
For these reasons, I have concluded that a prohibition order is proportionate and in the
public interest 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 panelās comments āThe panel deemed the images taken by Mr
Osborne and sent to pupils to be provocative. By their nature and content the panel
concluded they were both of a sexual nature and sexually motivated. The panel therefore
found Mr Osborne was responsible for sending inappropriate communications to pupils
which were sexually motivated.ā
I have considered whether a review period reflects the seriousness of the findings and is
proportionate to achieve the aim of maintaining public confidence in the profession. In this
case, three factors mean that a review period is not appropriate to achieve the aim of
maintaining public confidence in the profession. These factors are the sexual nature of the
conduct, the panel deeming the conduct to be sexually motivated and Mr Osborneās failure
to demonstrate any real insight, remorse or understanding of his actions.
I consider therefore that allowing for no review period is necessary to maintain public
confidence and is proportionate and in the public interest. 17
This means that Mr Joel Osborne is prohibited from teaching indefinitely and
cannot teach in any school, sixth form college, relevant youth accommodation or
childrenās home in England. Furthermore, in view of the seriousness of the allegations
found proved against him, I have decided that Mr Osborne 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 Osborne has a right of appeal to the Queenās Bench Division of the High Court within
28 days from the date he is given notice of this order.
Decision maker: John Knowles
Date: 5 October 2021
This decision is taken by the decision maker named above on behalf of the Secretary of
State.
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