Unknown Teacher

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

Teacher reference number:

0741215

Teacher's date of birth:

28 June 1961

Location teacher worked:

Devon, South West England

Date of professional conduct panel:

30 April 2018

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 Jonathan Samuel, formerly employed in Devon, South West England.

The proceedings were held at 53 to 55 Butts Road, Earlsdon Park, Coventry CV1 3BH at 9.30am on date 30 April 2018.

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 Jonathan Samuel: Professional conduct panel outcome Panel decision and reasons on behalf of the Secretary of State for Education April 2018 2 Contents A. Introduction 3 B. Allegations 4 C. Preliminary applications 4 C. Summary of evidence 4 Documents 4 D. Decision and reasons 5 Findings of fact 5 Panel’s recommendation to the Secretary of State 9 Decision and reasons on behalf of the Secretary of State 11 3 Professional conduct panel decision and recommendations, and decision on behalf of the Secretary of State Teacher: Mr Jonathan Samuel Teacher ref number: 0741215 Teacher date of birth: 28 June 1961 TRA case reference: 15211 Date of determination: 30 April 2018 Former employer: Cambian Devon School, Devon A. Introduction A professional conduct panel (“the panel”) of the Teaching Regulation Agency (“TRA”) convened on 30 April 2018 at 53 to 55 Butts Road, Earlsdon Park, Coventry CV1 3BH to consider the case of Mr Jonathan Samuel. The panel members were Ms Karen McArthur (lay panellist – in the chair), Mr Anthony Bald (teacher panellist) and Mr Phillip Riggon (teacher panellist). The legal adviser to the panel was Miss Anna Lois Parry of Eversheds Sutherland solicitors. In advance of the meeting, the TRA agreed to a request from Mr Samuel that the allegations be considered without a hearing after taking into consideration the public interest and the interests of justice. Mr Samuel 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 or Mr Samuel. The presenting officer for the TRA was Mr Ian Perkins of Browne Jacobson LLP solicitors. Mr Samuel was not represented. The meeting took place in private, save for the announcement of the panel’s decision, which was announced in public and recorded. 4 B. Allegations The panel considered the allegations set out in the Notice of Proceedings dated 17 October 2017. It was alleged that Mr Samuel was guilty of unacceptable professional conduct and/or conduct that may bring the profession into disrepute in that whilst employed as a Teacher at the Cambian Devon School from December 2015 to March 2016: 1. On or around 9th February 2016, he engaged in inappropriate and/or aggressive physical contact with Pupil A. 2. His conduct as may be found proven at allegation 1, amounted to a criminal offence contrary to s39 Criminal Justice Act 1988 for which he accepted a caution on or around 20th July 2016. Mr Samuel admits the facts of the allegations and admits that they amount to unacceptable professional conduct and or conduct that may bring the profession into disrepute. C. Preliminary applications There were no preliminary applications. C. 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 1 to 3 Section 2: Notice of referral, response and notice of meeting – pages 4 to 10b Section 3: Statement of Agreed Facts and presenting officer representations– pages 11 to 16 Section 4: TRA documents – pages 17 to 61 Section 5: Teacher documents – pages 62 to 63 In addition, the panel had sight of the CCTV footage which was referred to in the bundle and was made available to the panel to view during the meeting. The panel members confirmed that they had read all of the documents in advance of the hearing. 5 Statement of Agreed Facts The panel considered a Statement of Agreed Facts which was signed by Mr Samuel on 6 December 2017. D. Decision and reasons The panel announced its decision and reasons as follows: The panel has carefully considered the case and reached a decision. The panel confirms that it has read all the documents provided in the bundle in advance of the meeting. In advance of the meeting, the TRA agreed to a request from Mr Samuel that the allegations be considered without a hearing. The panel considered at the outset whether the allegation should be considered at a public hearing at which the parties would be entitled to attend, or a private meeting without the parties present. The panel considered the interests of justice and given that the facts of the allegation have been admitted, that Mr Samuel has requested a meeting and the panel has the benefit of Mr Samuel’s representations, the panel was of the view that justice would be adequately served by considering this matter at a meeting. The panel was satisfied that Mr Samuel understood the process. The panel carefully considered the public interest. The panel noted that if the case proceeded in a meeting, there would be a public announcement of the panel’s decision. The panel also had in mind that if a hearing was convened, there would be a costs to the public purse, which may not be justified if the matter could be determined in a meeting. The panel also had regard to the delay that would be caused by convening a hearing and considered it to be in the public interest to reach a final determination in this matter without further delay. The panel therefore decided to proceed with a meeting, but noted that it could, at any stage of the meeting, reconsider this issue. Mr Samuel had been employed as an art and food technology teacher at Cambian Devon School (“the School”) since 1 December 2015. The allegations arise from an incident that occurred between Mr Samuel and Pupil A on or around 9 February 2016. Following the incident, Mr Samuel completed an incident report form and recorded that he had engaged in an argument with Pupil A which resulted in him pushing Pupil A against a wall and a bench. The School investigated the matter and Mr Samuel was dismissed from his role in March 2016. On or around 20 July 2016, Mr Samuel accepted a caution for assault by beating, contrary to s.39 of the Criminal Justice Act 1988. Findings of fact Our findings of fact are as follows: 6 The panel has found the following particulars of the allegations against you proven, for these reasons: 1. On or around 9th February 2016, you engaged in inappropriate and/or aggressive physical contact with Pupil A. This allegation has been admitted in full by Mr Samuel, including in the response to the notice of referral and Statement of Agreed Facts, both signed by Mr Samuel and dated 6 December 2017. The panel also considered the documentary evidence within the bundle where there is further evidence to support the facts of this allegation. On 9 February 2016, Mr Samuel completed an Incident Report Form and recorded that he had pushed Pupil A against the bench and told him to back off. The panel noted that this had been completed on the same day as the alleged incident. In addition, the panel considered a Safeguarding Tracking Pack which was completed on 10 February 2016 and recorded that an incident had occurred between Mr Samuel and Pupil A which had resulted in Mr Samuel pushing Pupil A. The Safeguarding Tracking Pack referred to the CCTV and the panel considered this CCTV footage which showed Mr Samuel pushing Pupil A. The CCTV was of poor quality and the footage appeared to be different in some aspects to that which had been described within the bundle. The panel noted that the force of the physical contact lead to Pupil A moving backwards. The panel considered that this was evidence of Mr Samuel engaging in inappropriate and aggressive physical contact with Pupil A. The panel considered the referral to the Local Authority Designated Officer which describes the incident and summarises the account provided by Pupil A. This further supports the facts of allegation 1. The panel also took account of the evidence collated by the School during its internal investigation and noted the admission made by Mr Samuel during a disciplinary meeting held at the School in March 2016. Mr Samuel acknowledged that his response had not been reasonable or proportionate. The panel saw no evidence that this admission had been made under duress or by mistake. The panel has also seen evidence of a police caution which establishes that Mr Samuel has made an admission of guilt in respect of committing the conduct described. The panel was of the view that pushing a pupil was inappropriate and aggressive physical contact. The allegation has been admitted and the panel is satisfied that the documentary evidence supports the admission. The allegation is therefore found proven, 7 2. Your conduct as may be found proven at allegation 1, amounted to a criminal offence contrary to s39 Criminal Justice Act 1988 for which you accepted a caution on or around 20th July 2016. This allegation has been admitted by Mr Samuel, including in the response to the notice of referral and Statement of Agreed Facts, both signed by Mr Samuel and dated 6 December 2017. Common assault and battery are the offences under s.39 Criminal Justice Act 1988. The panel noted that an offence of common assault is committed when a person either assaults another person or commits a battery. An assault is committed when a person intentionally or recklessly causes another to apprehend the immediate infliction of unlawful force. A battery is committed when a person intentionally and recklessly applies unlawful force to another. The panel considered that when Mr Samuel grabbed Pupil A and pushed him, he applied force to Pupil A and intentionally or recklessly caused Pupil A to apprehend the immediate infliction of unlawful force. The panel also noted the content of the Certificate of Adult Simple Caution which confirms the caution. The allegation has been admitted and therefore is found proven. Findings as to unacceptable professional conduct and/or conduct that may bring the profession into disrepute Having found b