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Mr Kerim Brown:
Professional conduct
panel hearing outcome
Panel decision and reasons on behalf of the
Secretary of State for Education
June 2025
1Contents
Introduction 3
Allegations 4
Summary of evidence 6
Documents 6
Witnesses 6
Decision and reasons 6
Findings of fact 7
Panelâs recommendation to the Secretary of State 19
Decision and reasons on behalf of the Secretary of State 24
2Professional conduct panel hearing decision and recommendations, and decision
on behalf of the Secretary of State
Teacher: Mr Kerim Brown
Teacher ref number: 1134377
Teacher date of birth: 21 January 1981
TRA reference: 20605
Date of determination: 20 June 2025
Former employer: Garth Hill College, Bracknell
Introduction
A professional conduct panel (âthe panelâ) of the Teaching Regulation Agency (âthe
TRAâ) convened on 16 June 2025 at Cheylesmore House, 5 Quinton Road, Coventry,
CV1 2WT, and by way of virtual hearing on 17, 18 and 20 June 2025 to consider the
case of Mr Kerim Brown.
The panel members were Mr John Martin (former teacher panellist â in the chair), Ms
Mona Sood (lay panellist) and Mr Ian Hylan (teacher panellist).
The legal adviser to the panel was Mr James Corrish of Birketts LLP solicitors.
The presenting officer for the TRA was Mr Adam Slack of Capsticks LLP solicitors.
Mr Brown was not present and was not represented.
The hearing took place both virtually and face to face in public save that portions of the
hearing were heard in private and was recorded.
3Allegations
The panel considered the allegations set out in the notice of proceedings dated 4
February 2025.
It was alleged that Mr Brown was guilty of unacceptable professional conduct and/or
conduct that may bring the profession into disrepute, in that:
1. Between [REDACTED] and June 2021, while employed at Garth Hill College
(âGarth Hillâ):
a) He engaged in inappropriate messaging with Pupil A via social media as listed
in Schedule 1.
b) His conduct as may be found proved at allegation 1(a) was sexually motivated.
c) He failed to report to Garth Hillâs Designated Safeguarding Lead that he had
been approached by, befriended and/or otherwise interacted with, Pupil A on
social media;
2. Between February 2014 and June 2014, while employed at Waingels College
(âWaingelsâ), he acted inappropriately towards and/or made inappropriate
comments or gestures to pupil(s) on one or more occasions as listed in Schedule 2
Schedule 1
i) In response to a picture message of Pupil A, Mr Brown wrote a message to
the effect of â2023â followed by three emojiâs indicating, a lick, a wink and
laughter;
ii) Mr Brown wrote a message to the effect of âWell, legally youâre a student
until September 2023 so if you can wait until then I can introduce you to my
baby girl Iâm sure sheâll like you tooâ;
iii) Mr Brown wrote a message to the effect of âYou repost stuff about subs and
doms but you donât know what a baby girl isâŚâ
iv) In response to Pupil Aâs comment of âSo ur gf then, sound hot tbhâ Mr
Brown stated, âHopefully you will find out. But you gotta wait until
September 2023. Donât break too many hearts in the mean timeâ;
v) Mr Brown wrote a message to the effect of âOuch but yes she is beautiful
and Iâm devoted to her. Thatâs how a Dom should be. He does everything
4for her because she is everything to him. Donât be fooled by fake domsâ;
vi) Mr Brown wrote a message to the effect of âI donât want to do anything that
could get me in trouble. Iâm not allowed to communicate with students whilst
theyâre on roll. But as soon as youâre notâŚYouâre in troubleâ followed by a
smiling emoji;
vii) Mr Brown wrote a message to the effect of âThereâs a whole world to
explore and plenty of time to explore it. I hope you have lots of stories to
share when the time comes. Good night [Pupil A] and thanks for the chat.
Youâve made me smile xâ
viii) Mr Brown sent a topless picture of himself to Pupil A;
ix) The picture at (v) above was followed by the following message from Mr
Brown âSo you donât forgetâ;
Schedule 2
a. Offered Pupil H (Complainant 1) a red rose on or around 14 February;
b. On or around 14 March 2014, in relation to Pupil H and Pupil I (Complainant 2),
Mr Brown:
i) asked if they were going to have a bath or shower together;
ii) said words to the effect of âwhat naked and togetherâ;
iii) made a hand gesture;
iv) In response to Pupil H hugging Pupil I from behind, said words to the
effect of â[Pupil I] bend down a bitâ;
c. On or around 8 May said to Pupil J (Complainant 3) words to the effect of âI
heard you lost your virginityâ.
Mr Brown admitted allegations 1(a)-(c), including those elements contained in Schedule
1, as set out in the response to the notice of hearing signed by Mr Brown on 30
September 2024 and in his written statement of the same date.
In respect of the allegations admitted, Mr Brown accepts that they amount to
unacceptable professional conduct and conduct that may bring the profession into
disrepute.
5Summary of evidence
Documents
In advance of the hearing, the panel received a bundle of documents which included:
Section 1: Chronology, anonymised pupil list, and list of key people â pages 4 to 7
Section 2: Notice of proceedings and response â pages 8 to 62
Section 3: Teaching Regulation Agency witness statements â pages 63 to 82
Section 4: Teaching Regulation Agency exhibit documents â pages 83 to 446
Section 5: Teaching Regulation Agency documents- pages 447 to 470
Section 6: Teacher documents â pages 471 to 472
The panel members confirmed that they had read all of the documents within the bundle,
in advance of the hearing.
In the consideration of this case, the panel had regard to the document Teacher
misconduct: Disciplinary procedures for the teaching profession 2020, (the âProceduresâ).
Witnesses
The panel heard oral evidence from the following witnesses called by the presenting
officer:
Witness A â [REDACTED]
Witness B- [REDACTED]
Witness C â [Person W];
Witness D - [Pupil I]; and
Witness E â [Pupil H];
Decision and reasons
The panel announced its decision and reasons as follows:
Mr Brown was employed at Waingels from 2012.
Witness D and Witness E reported an incident involving Mr Brown in 2014. This was
investigated internally by Waingels.
6Mr Brown was employed at Garth Hill from September 2018 as a Science Teacher.
In May 2021, it is alleged that Mr Brown exchanged inappropriate messages on
Instagram with Pupil A and failed to report any such contact to the Designated
Safeguarding Lead (âDSLâ).
Garth Hill was made aware of this allegation via an anonymous concern forwarded to
them by the police in June 2021.
An investigation was conducted by Garth Hill.
The case was referred to the TRA on 23 February 2022.
Findings of fact
The findings of fact are as follows:
In respect of all the allegations, the panel scrutinised the oral and written witness
evidence and exhibits of all five witnesses who attended the hearing.
The panel scrutinised the entire bundle including the TRAâs documents concerning the
investigations and the meetings of each school and of the various authorities, including
the LADO and the police, surrounding these allegations.
The panel noted that the evidence within a lot of these documents was hearsay but
considered that the evidence was relevant and formed part of the official investigations.
The panel therefore admitted the hearsay evidence after careful consideration in each
case but noted that the evidence should be considered carefully and cautiously, including
in relation to appropriate amount of weight to place on it.
The panel carefully considered the documents and correspondence of Mr Brown in the
bundle including his letter to the TRA dated 30 September 2024 in its consideration of all
allegations. Mr Brown denied Allegation 2 and a large amount of the factual assertions
surrounding it and the panel proceeded in its consideration of the evidence on that
understanding. The panel noted that these documents were hearsay, but as they
represented the only evidence provided by Mr Brown the panel decided that it was in the
interests of justice that the evidence be admitted and considered. The panel placed
limited weight on that evidence as it had not had the opportunity to test the evidence. The
panel was also conscious that Mr Brown would not be cross examined in relation to this
evidence or in relation to the other evidence in the bundle.
The panel was also conscious that Mr Brown had chosen to absent himself from
proceedings and from the opportunity to put his evidence forward in response to the
allegations and had not asserted a legitimate reason for doing so.
7The panel found the following particulars of the allegations against you proved, for these
reasons:
1. Between [REDACTED] and June 2021, while employed at Garth Hill College
(âGarth Hillâ):
a. You engaged in inappropriate messaging with Pupil A via social media as
listed in Schedule 1.
Schedule 1
i) In response to a picture message of Pupil A , you wrote a message to
the effect of â2023â followed by three emojiâs indicating, a lick, a wink
and laughter;
ii) You wrote a message to the effect of âWell, legally youâre a student
until September 2023 so if you can wait until then I can introduce you
to my baby girl Iâm sure sheâll like you tooâ;
iii) You wrote a message to the effect of âYou repost stuff about subs and
doms but you donât know what a baby girl isâŚ..â
iv) In response to Pupil Aâs comment of âSo ur gf then, sound hot tbhâ ,
you stated, âHopefully you will find out. But you gotta wait until
September 2023. Donât break too many hearts in the mean timeâ;
v) You wrote a message to the fact of âOuch but yes she is beautiful and
Iâm devoted to her. Thatâs how a Dom should be. He does everything
for her because she is everything to him. Donât be fooled by fake
domsâ;
vi) You wrote a message to the effect of âI donât want to do anything that
could get me in trouble. Iâm not allowed to communicate with students
whilst theyâre on roll. But as soon as youâre notâŚâŚYouâre in troubleâ
followed by a smiling emoji;
vii) You wrote a message to the effect of âThereâs a whole world to
explore and plenty of time to explore it. I hope you have lots of stories
to share when the time comes. Good night [Pupil A] and thanks for the
chat. Youâve made me smile xâ
viii) You sent a topless picture of yourself to Pupil A;
ix) The picture at (viii) above was followed by the following message from
you âSo you donât forgetâ;
8In respect of these allegations and all allegations under Allegation 1 the panel noted Mr
Brownâs admission of Allegation 1 in its entirety, including within his questionnaire of 30
September 2024 responding to the TRAâs previous notice of hearing and within his
separate written statement of the same date.
The panel was nevertheless conscious of the absence of any statement of agreed facts
in this matter and the absence of Mr Brown from the hearing. The panel was also
conscious of the need for the TRA to prove its case in a contested hearing on the
balance of probabilities. Given this, the panel proceeded on the basis of considering all
the evidence in relation to this allegation and reached its own findings.
The panel carefully considered the oral evidence and witness statement of Witness B,
who stated that Mr Brownâs inappropriate conduct first came to light through an email
from the police, which raised concern that Mr Brown had been hinting towards having
sexual contact with Pupil A, [REDACTED]. She then proceeded to investigate the matter.
The panel carefully considered the screenshots of written online correspondence
appended to Witness Bâs statement which showed communications between Pupil A and
Mr Brown (seemingly in or around [REDACTED] 2021).
The panel satisfied itself that the account from which the messages came was that of Mr
Brown. The panel was informed that the profile picture on the account was of Mr Brown,
he had admitted that these messages came from him and the name of the account was
the name of a band, â[REDACTED]â, of which he was a member. The panel noted that
Garth Hill had identified that Mr Brown had an Instagram account identical to the one
from which the copied messages were sent.
The panel noted that, within this chain of correspondence, there was direct evidence of
Mr Brown having made the comments referred to as items Schedule 1 i), ii), iii), iv), v),
vi), vii), and ix).
The panel noted in relation to Schedule 1 i) and viii) that the pictures themselves were
not included within these screenshots but that it was clear from the screenshots that in
relation to Schedule 1 i) Pupil A had sent a picture and that Mr Brown had written in
response to it.
The panel also noted and carefully considered the contemporaneous record of 28 June
2021 being the Garth Hill investigation interview of Pupil A. The panel noted that this
evidence was hearsay and placed appropriate weight on it but considered that it was in
the interests of justice that it be admitted and considered including in that it contained the
main evidence before it from Pupil A whom the panel had accepted was not giving
evidence [REDACTED].
The panel noted that, in this interview, Pupil A had indicated that she and Mr Brown had
been communicating by Instagram and that he had been looking at her stories for 1-2
9months before messages were exchanged. She stated that Mr Brown had initiated the
messages between them. She also confirmed that she had sent a selfie of herself and
that she sent a picture message of her face which also may have shown part of her
cleavage as her top may have been revealing. She stated that Mr Brown had sent her a
mirror image of himself and that in the image he was not wearing a top and could be
seen from the waist up. Pupil A confirmed in her interview that she considered the
contact engaged in with Mr Brown was inappropriate.
The panel also noted and carefully considered the contemporaneous record of 29 June
2021; the Garth Hill investigation interview of Mr Brown. The panel noted that this
evidence was hearsay and placed appropriate weight on it but decided that it was in the
interests of justice that it be considered. The panel noted that Mr Brown stated that he
was not the one to initiate contact. He confirmed that the messages with Pupil A were
flirtatious. He confirmed that he had sent her a message of a mirror selfie of himself from
the waist up with no shirt on and that he had been sent a picture by Pupil A of her in her
underwear wearing a red bra and knickers. Mr Brown acknowledged in his interview that
he had acted inappropriately.
The panel found that the messages, which they were satisfied had been sent between Mr
Brown and Pupil A, were clearly of a sexual nature and that both the messaging, of itself,
and the content of the messages was inappropriate.
Having considered the evidence, including as above, the panel found Allegation 1 a)
proven on the balance of probabilities.
1. b. Your conduct as may be found proved at allegation 1(a) was sexually
motivated.
The panel carefully considered again the allegations in 1 a) as found proven.
The panel also again carefully considered the Garth Hill investigation notes of Pupil A
and of Mr Brown, remembering that they were hearsay evidence and that an appropriate
amount of weight should be applied to the hearsay evidence accordingly.
In her interview, Pupil A confirmed that Mr Brown had initiated the messages and she felt
that the messages were of an explicit nature âlike he was clearly interestedâ in her and
that some were explicit. In relation to his message âwait till September 2023 so I can
introduce you to my girlâ Pupil A indicated that she initially thought that Mr Brown had a
child but then realised he was referring to his girlfriend and then took the message to
mean a meet up for a âthreesomeâ.
In his interview Mr Brown confirmed that he had no professional reason to message Pupil
A and confirmed that the messages were flirtatious. Mr Brown also confirmed that his
message that Pupil A âwould be in trouble in 2023â, was of a sexual nature, specifically
that it implied that the relationship would become sexual in 2023.
10
The panelâs attention was drawn to section 78 of the Sexual Offences Act 2003 and to
the cases of Sait v The General Medical Council [2018], Basson v General Medical
Council [2018] and The General Medical Council v Haris [2020] EWHC 2518.
The panel considered whether the conduct was sexually motivated. It noted guidance
from Basson that: âA sexual motive means that the conduct was done either in pursuit of
sexual gratification or in pursuit of a sexual relationshipâ.
The panel also used its own judgement and experience in carefully considering the
content of these messages and the extent of what was appropriate. The panel noted the
sexual nature of the language used and the decision of Mr Brown to send a topless
picture of himself to Pupil A. The panel noted Mr Brown confirmed that he had received
and taken a screenshot of the image of Pupil A in her bra and knickers but had since
deleted it on the request of his partner. The panel, on careful consideration, could
establish no plausible alternative to Mr Brown engaging in the conduct found proven
other than sexual motivation.
Again, noting Mr Brownâs admission of these allegations, the panel was satisfied that the
conduct of Mr Brown as found proven clearly disclosed that his actions were taken in
pursuit of sexual gratification and/or in pursuit of a sexual relationship.
The panel found Allegation 1 (b) proved on the balance of probabilities.
1. c. You failed to report to Garth Hillâs Designated Safeguarding Lead that he
had been approached by, befriended and/or otherwise interacted with, Pupil
A on social media;
The panel noted Witness Bâs evidence in which she stated that Garth Hill provides
guidance about interaction on social media, and that it would be expected that a teacher
would report any interaction with a pupil outside of work to either her, as DSL, or to the
school principal.
The panel had sight of and considered Garth Hillâs comprehensive guidance including the
Safeguarding and Child Protection Policy, the School Code of Conduct and the E-Safety
Policy.
The panel noted that Witness Bâs evidence was that Mr Brown did not report any of his
interactions with Pupil A.
The panel also again considered Mr Brownâs interview within the investigatory process in
which he stated that he understood communication with pupils is forbidden, with
reference to s10 of the E-Safety Policy.
The panel again noted Mr Brownâs admission of this allegation.
The panel found allegation 1c) proven on the balance of probabilities.
11
2. a. Between February 2014 and June 2014, while employed at Waingels
College (âWaingelsâ), you acted inappropriately towards and/or made
inappropriate comments or gestures to pupil(s) on one or more occasions
as listed in Schedule 2.
Schedule 2
a. Offered Pupil H (Complainant 1) a red rose on or around 14 February;
The panel noted that allegation 2, and the supplementary allegations detailed in
Schedule 2, were not admitted by Mr Brown and proceeded on that basis.
The panel carefully considered the oral evidence and witness statements of Witnesses D
and E. The panel found both witnesses to provide clear evidence which accorded with
the contemporaneous evidence which they had given at the time. Their evidence was
also consistent with each otherâs evidence. The panel tested their evidence and was
satisfied that there was no suggestion of any collusion. The panel therefore placed
reliance upon their evidence.
Witnesses D and E informed the panel that Waingels had a charity event for Valentine's
Day whereby [REDACTED] pupils sold single red roses to raise funds and pupils could
purchase these roses to have them delivered to other pupils in school. Witness E
informed the panel that these roses were only sent between pupils and typically only
within their year group to friends or partners. They could be ordered online but were
delivered to the pupils in their classrooms. The process was managed by staff to ensure
it was appropriate.
Both Witness E and Witness D agreed that the roses were not intended to be delivered
by pupils to teachers or by teachers to pupils and that they were not aware of this having
happened (save, in Witness Eâs case, the specific instant to which this allegation related)
and that it would be inappropriate for that to occur.
Witness E described the events of [REDACTED] 2014. Witness E described that she was
attending a science lesson which Mr Brown was teaching. Witness E described the
classroom to the panel including that there was a separate learning room attached to the
science lab in which the lesson was occurring.
Witness E described that in order as to leave the classroom you had to pass through that
separate learning room and that she was leaving the room in the middle of the lesson in
order to go to the toilet.
Witness E described that Mr Brown stopped her by the door blocking her exit and stood
in what she described was her personal space, standing between 30 to 60 centimetres
away from her. He offered her a rose telling her an inappropriate joke along the lines that
he had noticed that she hadn't got a rose. He was laughing as he said this. Witness E
12described how his positioning, out of the view of the rest of the class, seemed to her in
retrospect to be deliberate but she did not consider this at the time. Witness E described
that she had a âslimy bad feelingâ, said âno thanksâ to Mr Brown, and left.
Witness E described how she stayed in the toilet afterwards for some time thinking that
she did not feel safe and that it was not right for Mr Brown to offer her a rose. She
clarified in oral evidence that she did not feel psychologically safe or physically safe as
Mr Brown was substantially larger than her and she believed that her psychological
reaction was that of flight and disassociation.
Witness E indicated she did not know where Mr Brown got the rose from or whether he
offered it to anyone else. She had not heard of any other teacher offering pupils roses.
Witness E volunteered that she felt, in retrospect, that the gesture was âgroomingâ and
that she believed Mr Brown was trying to gain her affection.
The panel considered the written evidence of Mr Brown in which he described the pupilsâ
allegations as a personal attack on him and that Witness Eâs perspective was âextremely
biasedâ. The panel noted that Mr Brown did not provide a reason as to why she should
take this position. The panel carefully examined Witness Eâs evidence for any suggestion
that she was manufacturing the facts as alleged, but could identify no basis to support
that view.
The panel carefully considered the interview notes of Waingelsâ investigation at the time
including their interview with Witness E and found that Witness Eâs witness evidence was
consistent with those notes. The panel noted that Mr Brown had agreed that he had a
rose that day but said he had offered it to a number of people and that Witness E had not
been singled out.
The panel found it was proven, on the balance of probabilities, that Mr Brown had offered
pupil H a red rose on [REDACTED] 2014 and that this was inappropriate.
The panel therefore found allegation 2 a) Schedule 2 part a) proven on the balance of
probabilities.
b. On or around 14 March 2014, in relation to Pupil H and Pupil I
(Complainant 2), you:
i) asked if they were going to have a bath or shower together;
ii) said words to the effect of âwhat naked and togetherâ;
iii) made a hand gesture;
iv) In response to Pupil H hugging Pupil I from behind, said words to
the effect of â[Pupil I] bend down a bitâ;
13
The panel carefully considered the oral and written evidence of Witness D in relation to
an incident of [REDACTED] 2014 during a science lesson which Mr Brown was teaching.
Witness D described the classroom in which she had been sitting at a science desk with
Witness E and that the desk had a raised level which Mr Brown had come across and
leaned upon.
Witness D recalled that it was towards the end of the lesson and that she had asked
Witness E if she wanted to come for a sleepover to which she said yes. Witness E
indicated that she wanted to have a bath at Witness Dâs house to âget cleanâ.
Witness D indicated that Mr Brown said to her words to the effect of âoh a sleepoverâ and
âyou two going to be the scissor sisters?â
Witness D also said that he made a hand gesture. When asked, she demonstrated the
hand gesture to the panel in the form of interlinking two hands in a way she understood
was intended to resemble a lesbian sex act. She recalled that Mr Brown then started to
laugh.
The panel also considered Witness Dâs contemporaneous written incident report form
(dated 18 March 2014) in which Witness D explained âMe and Witness E were talking
about taking baths and Mr Brown came over to us and commented ââOh together?
Nakedââ then made an inappropriate gesture with his hands which made us feel very
uncomfortableâ.
âA little while later [Witness E] came up behind me and hugged me and Mr Brown
commented again [Witness D] bend over a little bit moreââ.
The panel carefully considered the oral and written evidence of Witness E. She described
how on [REDACTED] 2014 in her science class she had been sitting at a lab table with
three other pupils. She set out how she was going to have a sleepover at Witness Dâs
house. She described how one was giving the other a piggyback as well as getting their
books ready for the end of the week to go home.
Witness E said Mr Brown came up and asked if they were going to have a bath together
and also made a comment about them bending down. She stated that he gave them a
strange look and it was almost flirtatious. She stated that his verbal and body language
matched and he thought he was being funny. She also stated that he made a hand
gesture when he made the comment about them having a bath together. When asked,
Witness E also demonstrated this hand gesture and confirmed her understanding that it
was intended to illustrate a lesbian sex act. The panel also noted a matching diagram of
the gesture within the bundle.
The panel also considered Witness Eâs contemporaneous written incident report form
where she indicated that Mr Brown had said âwhat nakedâ whilst laughing and he then
14asked âtogetherâ and that he had then âdid a hand gesture implying some sex activities
which were highly inappropriateâ. Witness E also recalled in that interview that at the end
of the lesson she was hugging Witness D and Mr Brown said âbend downâ and laughed
and it made her feel âreally weirdâ.
The panel noted that Pupil K in a school investigatory interview had recalled of this
lesson that Mr Brown had said âare you two girls gayâ or something close to that.
The panel also considered that Mr Brown had denied the facts of these allegations and
considered his statement of 18 March 2014 where he stated that the girls were in the
corner of the room cuddling one another and he asked them to sit down and continue
working. He indicated he said to them, when they were reluctant to release each other,
âgirls if you want to sit in your room and listen to Scissor Sisters in your own time then it is
up to you but I expect you to sit at your desks and work during lessonsâ.
The panel also carefully considered Mr Brownâs written statement of 30 September 2024
where he said that Pupils H and I were behaving inappropriately in the lesson, kissing
and hugging and that when he asked them to stop, they refused and became more vocal
in their behaviour discussing showers and sleepovers. Mr Brown stated that not knowing
how to deal with this situation or what to do he âtried to embarrass the girls by making fun
of themâ.
The panel found it was proven, on the balance of probabilities, that Mr Brown acted and
spoke as described in Allegation 2 a) Schedule 2 b) i) ii) iii) and iv) and that these acts,
comments and gestures were inappropriate.
The panel therefore found Allegation 2 a) Schedule 2 b) i) ii) iii) and iv) proven.
c. On or around 8 May said to Pupil J (Complainant 3) words to the effect of
âI heard you lost your virginityâ.
The panel carefully considered the meeting notes of Waingelsâ investigation meeting with
Pupil J on 20 May 2014. In these notes she stated that on [REDACTED] 2014 she went
into her science lesson and Mr Brown said sarcastically that ânot what I heard you and
[REDACTED] anal virginityâ. She stated that all of the class started laughing which made
her feel uncomfortable and humiliated. It appeared from the bundle that this matter had
been raised by Pupil Jâs parents in a meeting with school staff.
The panel also considered the interview with Pupil N of 4 June 2014 who said that on
[REDACTED] 2014 Mr Brown made a comment in a lesson to Pupil J about her (Pupil J)
having sex.
The panel also considered the interview with Pupil P of 5 June 2014 where she
confirmed that a comment had been made on [REDACTED] 2014 by Mr Brown
concerning Pupil J going to Pupil Uâs house and having anal sex.
15The panel also considered the interview with Pupil Q of 11 June 2014 in which he said
that in class Pupil J said that she was a virgin and Pupil P just laughed and said that he
knew she was not a virgin and Mr Brown said something to Pupil J along the lines that he
knew about her and Pupil U and that she wasn't a virgin.
The panel noted that Mr Brown denied these allegations and considered the interview of
9 June 2014 conducted with him. In this interview Mr Brown acknowledged that Pupil P
had shouted something mean about Pupil J which he was concerned might be a child
protection issue and that he later spoke to Pupil J quietly about it. He acknowledged that
he did not report his concerns to the schoolâs safeguarding officer.
The panel was satisfied that Mr Brown had said words the effect of âI heard you lost your
virginityâ to Pupil J and that this was inappropriate.
The panel found allegation 2 (a), Schedule 2 (c) proven on the balance of probabilities.
2. b. Your conduct as may be found proved at allegation 2(a) was sexually
motivated.
The panel carefully considered the allegations in 2 (a) as found proven.
The panel reminded themselves of the written and oral evidence of Witnesses D and E.
Witness E was clear in her evidence that she now recognises Mr Brown's actions
towards her, in cornering her and offering her a rose and in making sexually explicit
comments to her including clearly asking her and her friend to bend over when they were
cuddling together from behind, to be grooming.
She was clear that, at the time, she considered his actions within the allegations to be
inappropriate and his actions regarding the red rose to be in pursuit of an aim of fostering
a potential romantic relationship with her.
Again, having in mind the legal advice that it had been given, the panel considered
whether the conduct was sexually motivated. It noted guidance from Basson that: âA
sexual motive means that the conduct was done either in pursuit of sexual gratification or
in pursuit of a sexual relationshipâ.
The panel used its judgement and experience in carefully considering Mr Brownâs actions
as found proven. The panel noted the sexual nature of the language used towards
Witnesses D and E. The panel, on careful consideration, could establish no reasonable
plausible alternative to Mr Brown engaging in the conduct as described in schedule 2 a &
b other than sexual motivation.
The panel noted Mr Brown's denial of these allegations but found that, on the balance of
probabilities, Mr Brown's actions in connection with the matters described disclosed that
16his actions were taken in pursuit of sexual gratification and/or in pursuit of a sexual
relationship.
The panel therefore found allegation 2 (b) proven on the balance of probabilities in
respect of schedule 2 points a) and b) but the panel did not consider that there was
sufficient evidence to establish sexual motivation in connection with schedule 2 point c).
Findings as to unacceptable professional conduct and/or conduct that
may bring the profession into disrepute
Having found a number of 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 âthe Adviceâ.
The panel first considered whether the conduct of Mr Brown, in relation to the facts found
proved, involved breaches of the Teachersâ Standards.
The panel considered that, by reference to Part 2, Mr Brown was 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 teacherâs
professional position;
o having regard for the need to safeguard pupilsâ well-being, in accordance
with statutory provisions; and
o showing tolerance of and respect for the rights of others.
⢠Teachers must have proper and professional regard for the ethos, policies and
practices of the school in which they teach [âŚ.].
⢠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 Brown, in relation to the facts found
proved, involved breaches of Keeping Children Safe In Education (âKCSIEâ).
The panel considered that Mr Brown was in breach of the following provisions: Part One
sections 4, 8, 9 and 12, in relation to Allegation 1.
17The panel also considered whether Mr Brownâs conduct displayed behaviours associated
with any of the offences listed on pages 12 and 13 of the Advice.
The Advice indicates that where behaviours associated with such an offence exist, a
panel is likely to conclude that an individualâs conduct would amount to unacceptable
professional conduct.
The panel found that the offence of sexual communication with a child was relevant.
The panel noted that the allegations involving Pupil A took place via social media out of
school hours, and that Mr Brown did not directly teach Pupil A.
However, the panel also noted Mr Brownâs role in running Science âcatch-upâ, which Pupil
A attended and the fact that Pupil A and Mr Brown were known to each other. The panel
noted that the communication took place whilst Pupil A was still a pupil at Garth Hill.
The panel carefully considered what it had found, including that in two different schools,
Mr Brown had taken sexually motivated actions concerning children. The panel noted
that, in relation to Allegation 1, Mr Brown had admitted his actions and admitted that they
constituted unacceptable professional conduct and conduct that may bring the profession
into disrepute. The panel noted that the mere engagement in messaging with pupil A was
demonstrably unacceptable and that they had found an extensive course of
correspondence of a clear sexual nature and with the seemingly clear intent in mind
which Mr Brown had admitted. The panel also noted that, in connection with Allegation 2,
the actions taken and language used towards pupils was serious and had long lasting
consequences as confirmed in oral evidence. The panel found that the facts as proven
were unacceptable by any objective standard.
The panel was satisfied that the conduct of Mr Brown amounted to misconduct of a
serious nature which fell significantly short of the standards expected of the profession.
Accordingly, the panel was satisfied that Mr Brown was guilty of unacceptable
professional conduct.
In relation to whether Mr Brownâs actions amounted to conduct that may bring the
profession into disrepute, the panel took into account the way the teaching profession is
viewed by others. It 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 pupilsâ lives and the fact that pupils must be able to view
teachers as role models in the way that they behave.
In considering the issue of disrepute, the panel also considered whether Mr Brownâs
conduct displayed behaviours associated with any of the offences in the list that begins
on page 12 of the Advice.
18As set out above in the panelâs findings as to whether Mr Brown was guilty of
unacceptable professional conduct, the panel found that the offence of sexual
communication with a child was relevant.
The panel noted that the advice is not intended to be exhaustive and there may be other
behaviours that panels consider to be âconduct that may bring the profession into
disreputeâ.
The findings of misconduct made are serious and demonstrate a teacher pursuing a
sexual relationship with pupils and using inappropriate actions and sexualized language
towards them. The conduct displayed would be likely to have a negative impact on the
individualâs status as a teacher.
The panel considered that Mr Brownâs conduct could clearly potentially damage the
publicâs perception of the individual as a teacher and the teaching profession.
For these reasons, the panel found that Mr Brownâs actions, as found proven, constituted
conduct that may bring the profession into disrepute.
Panelâs recommendation to the Secretary of State
Given the panelâs 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. The panel
understood that 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. These included
the safeguarding and wellbeing of pupils; the protection of other members of the public;
the maintenance of public confidence in the profession; and the declaring and upholding
of proper standards of conduct.
In light of the panelâs findings against Mr Brown, which included serious sexually
motivated misconduct with pupils, there was a strong public interest consideration in
respect of the safeguarding and wellbeing of pupils.
19Similarly, the panel considered that public confidence in the profession could be seriously
weakened if conduct such as that found against Mr Brown was not treated with the
utmost seriousness when regulating the conduct of the profession.
The panel was of the view that a strong public interest consideration in declaring proper
standards of conduct in the profession was also present as the conduct found against Mr
Brown was outside that which could reasonably be tolerated.
In addition to the public interest considerations set out above, the panel went on to
consider whether there was a public interest in retaining Mr Brown in the profession.
The panel considered that no significant evidence had been raised of Mr Brownâs abilities
as an educator or his ability to make a valuable contribution to the profession. The panel
considered that the adverse public interest considerations above outweighed any interest
in retaining Mr Brown in the profession, including in that his behaviour fundamentally
breached the standard of conduct expected of a teacher and in that he sought to exploit
his position of trust.
The panel considered carefully the seriousness of the behaviour, noting that the Advice
states that the expectation of both the public and pupils, is that members of the teaching
profession maintain an exemplary level of integrity and ethical standards at all times.
In view of 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 Brown.
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 proved. In the list of such
behaviours, the panel considered that those which were relevant in this case included:
⢠serious departure from the personal and professional conduct elements of the
Teachersâ Standards;
⢠misconduct seriously affecting the education and/or safeguarding and well-being
of pupils, and particularly where there is a continuing risk;
⢠abuse of position or trust (particularly involving pupils);
⢠an abuse of any trust, knowledge, or influence gained through their professional
position in order to advance a romantic or sexual relationship with a pupil or former
pupil;
⢠sexual misconduct, e.g. 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 individualâs professional position;
20⢠failure to act on evidence that indicated a childâs welfare may have been at risk
e.g. failed to notify the designated safeguarding lead and/or make a referral to
childrenâs social care, the police or other relevant agencies when abuse, neglect
and/or harmful cultural practices were identified;
⢠failure in their duty of care towards a child, including exposing a child to risk or
failing to promote the safety and welfare of the children (as set out in Part 1 of
KCSIE); and
⢠a deep-seated attitude that leads to harmful behaviour.
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. The
panel was aware that mitigating factors may indicate that a prohibition order would not be
appropriate or proportionate.
The panel considered that Mr Brownâs actions were clearly deliberate.
There was no evidence to suggest that Mr Brown was acting under any duress.
The panel had no evidence that Mr Brown demonstrated exceptionally high standards in
his personal and professional conduct or that he had contributed significantly to the
education sector.
The panel had no basis to conclude either way whether the incidents were out of
character but noted that some pattern of behaviour had been illustrated.
The panel had seen evidence that showed Mr Brown was previously subject to a number
of disciplinary proceedings and received a formal written warning.
The panel was conscious of the statement in the Advice that panels should attach
appropriate weight and seriousness to online behaviours including, but not limited to
online misconduct; facilitating online abuse; or facilitating inappropriate relationships
(including both online only relationships and where online relationships move into contact
relationships). The panel considered this to be such a case based on the allegations
found proved and attached appropriate weight and seriousness to its decision
accordingly.
The panel was conscious that Mr Brown had chosen not to engage with the proceedings
or avail himself of the opportunity to demonstrate to the panel any level of mitigation or
subject himself to appropriate cross examination.
The panel again carefully considered the documents in the bundle, conscious of Mr
Brownâs absence from the proceedings and the need to ensure the fairness of the
proceedings, for evidence of his demonstrating remorse and/or insight.
21Mr Brown indicated at the time of the investigation some level of remorse in relation to
Allegation 1. The panel again considered Mr Brownâs initial response to the allegations
contained within Allegation 1 noting the interview conducted by Garth Hill in 2021. This
stated that âMr Brown was remorseful around the hurt and damage he had caused to the
wider community.â The notes also state that Mr Brown indicated he knew he had behaved
inappropriately and had not realised just how far the situation had developed.
The panel noted Mr Brownâs position (in respect of Allegation 1) that he fully admitted his
gross misconduct, his negligence, his abuse of his position of power and his failure to the
community and those who looked up to him. The panel also reminded itself of Mr Brownâs
admission that his actions, per Allegation 1, constituted unacceptable professional
conduct and conduct that may bring the profession into dispute.
The panel could see no evidence of remorse on Mr Brownâs part in respect of the effect
of his actions on others, including with regard to the allegations which formed Allegation
2. The panel was conscious of the evidence which it had heard which had demonstrated
the clear and serious impact which Mr Brown's actions had had on three of the children
involved, two of whom had been witnesses before them.
The panel noted the written statement of Mr Brown in which he appeared to blame the
children who were the subject of his conduct in Allegation 2 accusing Pupil H, in
particular, of bias and, seemingly, of malicious intent. The panel had found no evidence
to support either of these allegations.
The panel added that Mr Brown accepted that he should no longer be a teacher but
considered he had failed to demonstrate any insight into his actions and the impact which
they had had upon the pupils whom the panel had found were the subjects of his sexually
motivated behaviour.
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 would be sufficient would
unacceptably compromise the public interest considerations present in this case, despite
the severity of the consequences for Mr Brown 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
Brown. The extent and severity of the allegations were significant factors in forming that
opinion. The panel also had in mind Mr Brownâs own acknowledgements as to his
conduct under Allegation 1 and its serious concerns that it had seen no evidence that Mr
22Brown was endeavouring to address his behaviour or had shown any insight into it. The
panel was strongly concerned that there was a serious risk that such behaviour would be
repeated. 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 for it to decide to
recommend a review period of the order. 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 certain types of cases where it is likely that the public
interest will have greater relevance and weigh in favour of a longer period before a
review is considered appropriate. None of the listed characteristics was engaged by the
panelâs findings. The panel noted that these lists are not intended to be exhaustive and
panels should consider each case on its individual merits taking into account all the
circumstances involved.
The Advice also indicates that there are certain types of case where, if relevant, the
public interest will have greater relevance and weigh in favour of not offering a review
period. Of those types of case the panel noted that both allegations involved sexual
misconduct involving a child and serious sexual misconduct, including in that Mr Brownâs
actions were sexually motivated and resulted in, or had the potential to result in, harm to
the children and in that he had used his professional position to influence or exploit a
person or persons.
The panel found that this behaviour was of a very serious nature and weighed in favour
of not offering a review period.
The panel again noted that it had found that Mr Brown had deliberately engaged in an
admitted course of conduct in terms of online engagement with a pupil whose aim
appeared to be the instigation of a sexual relationship. The panel noted that the subject
matter of their online discussions, including discussing dominant and submissive sexual
partners and clearly indicating the possibility of a future sexual relationship between the
pupil and Mr Brown and his partner, demonstrated a complete disregard for the
Teachersâ Standards and any commonly understood level of acceptable behaviour for a
teacher.
The panel noted that this appeared to be an escalation from Mr Brownâs behaviour as
found in respect of Allegation 2 (that having happened some years previously) but that
the behaviour as found proven under allegation 2, including in engaging in sexually
motivated behaviour towards pupils, was also very serious. The panel was concerned
that the facts as found proven evidenced escalation of Mr Brownâs behaviour and was
23highly concerned that such behaviour as was found proven was at high risk of being
repeated and/or the level of seriousness of his behaviour further escalated.
The panel reflected on the fact that it had very little evidence of remorse or insight on Mr
Brownâs part. The panel found no indication that Mr Brown would address his conduct or
that he had identified or understood his motivations and triggers in taking the actions
which the Panel had found he did.
The panel decided that 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 provision 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 some of the allegations proven and found that those
proven facts amount to unacceptable professional conduct and conduct that may bring
the profession into disrepute. In this case, the panel has found some of the allegations
not proven. I have therefore put those matters entirely from my mind.
The panel has made a recommendation to the Secretary of State that Mr Kerim Brown
should be the subject of a prohibition order, with no provision for a review period.
In particular, the panel has found that Mr Brown 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 teacherâs
professional position;
o having regard for the need to safeguard pupilsâ well-being, in accordance
with statutory provisions; and
o showing tolerance of and respect for the rights of others.
⢠Teachers must have proper and professional regard for the ethos, policies and
practices of the school in which they teach [âŚ.].
24
⢠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 Brown, involved breaches of the
responsibilities and duties set out in statutory guidance Keeping children safe in
education (KCSIE).
The panel finds that the conduct of Mr Brown fell significantly short of the standards
expected of the profession.
The findings of misconduct are particularly serious as they include a finding of serious
sexually motivated misconduct with pupils.
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 a less intrusive measure, such as the published
finding of unacceptable professional conduct and conduct likely to 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 Brown, and the impact that will have
on the teacher, is proportionate and in the public interest.
In this case, I have considered the extent to which a prohibition order would protect
children/safeguard pupils. The panel has observed, âIn light of the panelâs findings
against Mr Brown, which included serious sexually motivated misconduct with pupils,
there was a strong public interest consideration in respect of the safeguarding and
wellbeing of pupils.â A prohibition order would therefore prevent such a risk from being
present in the future.
I have also taken into account the panelâs comments on insight and remorse, which the
panel sets out as follows, âMr Brown indicated at the time of the investigation some level
of remorse in relation to Allegation 1. The panel again considered Mr Brownâs initial
response to the allegations contained within Allegation 1 noting the interview conducted
by Garth Hill in 2021. This stated that âMr Brown was remorseful around the hurt and
damage he had caused to the wider community.â The notes also state that Mr Brown
indicated he knew he had behaved inappropriately and had not realised just how far the
situation had developed.â The panel has also commented âThe panel could see no
evidence of remorse on Mr Brownâs part in respect of the effect of his actions on others,
including with regard to the allegations which formed Allegation 2. The panel was
conscious of the evidence which it had heard which had demonstrated the clear and
serious impact which Mr Brown's actions had had on three of the children involved, two of
25
whom had been witnesses before them.â In my judgement, the lack of full remorse or
insight means that there is some risk of the repetition of this behaviour and this puts at
risk the future wellbeing of pupils. 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, âthe panel considered that public
confidence in the profession could be seriously weakened if conduct such as that found
against Mr Brown was not treated with the utmost seriousness when regulating the
conduct of the profession.â I am particularly mindful of the finding of serious sexually
motivated misconduct with pupils 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 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 âordinary intelligent and well-informed
citizen.â
I have considered whether the publication of a finding of unacceptable professional
conduct and conduct likely to bring the profession into disrepute, 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 Brown himself and the
panel comment âThe panel had no evidence that Mr Brown demonstrated exceptionally
high standards in his personal and professional conduct or that he had contributed
significantly to the education sector.â
A prohibition order would prevent Mr Brown from teaching. A prohibition order 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 panelâs comments concerning the
lack of insight. The panel has said, âThe panel added that Mr Brown accepted that he
should no longer be a teacher but considered he had failed to demonstrate any insight
into his actions and the impact which they had had upon the pupils whom the panel had
found were the subjects of his sexually motivated behaviour.â
I have also placed considerable weight on the finding that âThe panel decided that the
public interest considerations outweighed the interests of Mr Brown. The extent and
severity of the allegations were significant factors in forming that opinion. The panel also
had in mind Mr Brownâs own acknowledgements as to his conduct under Allegation 1 and
its serious concerns that it had seen no evidence that Mr Brown was endeavouring to
26
address his behaviour or had shown any insight into it. The panel was strongly
concerned that there was a serious risk that such behaviour would be repeated.â
I have given weight to the following âThe panel had no basis to conclude either way
whether the incidents were out of character but noted that some pattern of behaviour had
been illustrated.â
I have given less weight in my consideration of sanction therefore, to the contribution that
Mr Brown 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, in
light of the circumstances in this case, that is not backed up by full 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 in order 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 panelâs comments âThe panel reflected on the fact that it had very
little evidence of remorse or insight on Mr Brownâs part. The panel found no indication
that Mr Brown would address his conduct or that he had identified or understood his
motivations and triggers in taking the actions which the Panel had found he did.â
The panel has also said âThe panel decided that the findings indicated a situation in
which a review period would not be appropriate.â
In this case, factors mean that allowing a review period is not sufficient to achieve the
aim of maintaining public confidence in the profession. These elements are the
seriousness of the behaviour found proven, the lack of full remorse or insight, and
therefore the risk of repetition.
I consider therefore that allowing for no review period is necessary to maintain public
confidence and is proportionate and in the public interest.
This means that Mr Kerim Brown is prohibited from teaching indefinitely and
cannot teach in any school, sixth form college, relevant youth accommodation or
childrenâs home in England. Furthermore, in view of the seriousness of the allegations
found proved against him, I have decided that Mr Brown 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 Brown has a right of appeal to the High Court within 28 days from the date he is given
notice of this order.
27
Decision maker: Sarah Buxcey
Date: 25 June 2025
This decision is taken by the decision maker named above on behalf of the Secretary of
State.
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