Prohibition Order Active: The Teaching Regulation Agency has issued a prohibition order for this teacher. This person is prohibited from carrying out teaching work in any school, sixth form college, relevant youth accommodation or children’s home in England.
Teacher Record Details
Teacher Reference Number
0251837
Teacher's date of birth:
22 June 1966
Location teacher worked:
Leicestershire, East Midlands
Date of professional conduct panel:
6 and 7 August 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 Kevin Regester, formerly employed in Leicestershire, East Midlands.
Date of Birth
22 June 1966
Location teacher worked:
Leicestershire, East Midlands
Date of professional conduct panel:
6 and 7 August 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 Kevin Regester, formerly employed in Leicestershire, East Midlands.
Location Employed
Leicestershire, East Midlands
Date of professional conduct panel:
6 and 7 August 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 Kevin Regester, formerly employed in Leicestershire, East Midlands.
Professional Panel Date
6 and 7 August 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 Kevin Regester, formerly employed in Leicestershire, East Midlands.
Agency Outcome Decision
Prohibition order
Notice is hereby given that, in accordance with The Teacher's’ Disciplinary (England) Regulations 2012, a professional conduct panel was convened to consider the case of Mr Kevin Regester, formerly employed in Leicestershire, East Midlands.
Decision Published Date
17 August 2018
Full PDF Document Transcript Search
Mr Kevin Regester:
Professional conduct
panel outcome
Panel decision and reasons on behalf of the
Secretary of State for Education
August 2018
2
Contents
A. Introduction 3
B. Allegations 4
C. Preliminary applications 4
D. Summary of evidence 5
Documents 5
Witnesses 5
E. Decision and reasons 5
Findings of fact 6
Findings as to unacceptable professional conduct and/or conduct that may bring the
profession into disrepute 10
Panel’s 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 Kevin Regester
Teacher ref number: 0251837
Teacher date of birth: 22 June 1966
TRA reference: 16681
Date of determination: 07 August 2018
Former employer: Thomas Estley Community College, Leicestershire (the
'College')
A. Introduction
A professional conduct panel (“the panel”) of the Teaching Regulation Agency (“the TRA”)
convened on 6 to 7 August 2018 at 53 to 55 Butts Road, Earlsdon Park, Coventry , CV1
3BH to consider the case of Mr Kevin Regester.
The panel members were Ms Alison Walsh (teacher panellist – in the chair), Mr Ian Hughes
(lay panellist) and Mr Tony Woodward (lay panellist).
The legal adviser to the panel was Mr James Danks of Blake Morgan LLP.
The presenting officer for the TRA was Ms Naomh Gibson of Browne Jacobson LLP.
Mr Regester was not present and was not represented.
The hearing took place in public and was recorded.
4
B. Allegations
The panel considered the allegations set out in the Notice of Proceedings dated 10 May
2018.
It was alleged that Mr Kevin Regester 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 Thomas Estley Community College from February
2016 to June 2017:
1. He made offensive and/or racist comments via Facebook on one or more
occasions;
2. In undertaking allegation 1, he demonstrated a lack of tolerance and
respect for the rights and/or beliefs of others;
3. He provided false and/or misleading and/or conflicting information to a
recruitment agency when the matter set out in allegation 1 above was
investigated;
4. His behaviour as may be found proven at 3 above demonstrated a lack of
integrity and/or was dishonest.
Mr Regester denied all the allegations and was silent in respect of unacceptable
professional conduct and conduct that may bring the profession into disrepute, which
were therefore also taken as being denied.
C. Preliminary applications
The panel considered an application from Ms Gibson to proceed in the absence of Mr
Regester. Ms Gibson explained that the Notice of Proceedings had been sent to Mr
Regester's last known address on 10 May 2018 and contained all of the information
required by the rules. Ms Gibson also directed the panel's attention to pages 75 to 77
within the bundle, which set out Mr Regester's response to the Notice of Referral. Whilst
this response was undated, Ms Gibson explained the Notice of Referral was sent in
January 2018 and the response was received some time after that.
The response from Mr Regester included the phrases "The allegations and my responses
can be considered with or without a hearing. I will decline to attend…NCTL may proceed
at any interval that can bring this matter to a close".
Ms Gibson also explained that correspondence from her office had been sent by
recorded delivery to Mr Regester in July 2018. This correspondence reiterated the
hearing date and that the hearing may proceed in Mr Regester's absence. Ms Gibson
confirmed that the Royal Mail website stated the letter was signed for by 'Kev'. 5
In the panel's view, the necessary notice requirements had been met by the TRA. Mr
Regester was clearly aware of the hearing date and that the hearing may proceed in his
absence. There was no suggestion from his correspondence in (or around) January 2018
that he wished to participate or attend the hearing so there seemed no benefit in
adjourning the hearing to a later date. The panel also had the benefit of Mr Regester's
response to the Notice of Referral, which set out his defence to the allegations (as they
were).
Taking all the circumstances into account, the panel allowed Ms Gibson's application to
proceed in the absence of Mr Regester.
D. Summary of evidence
Documents
In advance of the hearing, the panel received a bundle of documents, which included:
Section 1: Chronology – page 2
Section 2: Notice of Proceedings and Response – pages 4 to 9;
Section 3: Teaching Regulation Agency witness statements – pages 11 to 13
Section 4: Teaching Regulation Agency documents – pages 15 to 73;
Section 5: Teacher documents – pages 75 to 77.
The panel members confirmed that they had read all of the documents in advance of the
hearing.
Witnesses
The panel heard oral evidence from:
• Witness A, Branch Manager of Celsian Education.
E. Decision and reasons
The panel announced its decision and reasons as follows:
The panel has carefully considered the case before us and have reached a decision.
The panel confirms that it has read all the documents provided in the bundle in advance
of the hearing.
Mr Regester had been employed at Thomas Estley Community College ('the College')
since February 2016, as a supply teacher. On 13 June 2017, the College received a 6
complaint from a parent regarding offensive material found on Facebook relating to an
individual named Kev Raven, a known name that Mr Regester went by.
Following this complaint, the content of Mr Regester/Raven's Facebook page was
investigated by Celsian Education ('Celsian'), through whom Mr Regester had been
placed at the College, and racist comments were found to be present on his Facebook
page. As a result, Mr Regester was suspended from working at the College.
Findings of fact
Our findings of fact are as follows:
The panel has found the following particulars of the allegations against you proven, for
these reasons:
Whilst employed as a Teacher at the Thomas Estley Community College from
February 2016 to June 2017:
1. You made offensive and/or racist comments via Facebook on one or
more occasions
The panel first considered whether there was sufficient evidence to determine that Mr
Raven was in fact Mr Regester.
The panel heard live evidence from Witness A, who confirmed that Kev Raven was a
name, which Mr Regester was known to go by. Witness A also drew the panel's attention
to a Facebook post from May 2017 regarding an extension to Mr Raven's work at a
school, which coincided with Celsian confirming Mr Regester's extension to his temporary
employment contract at the College. In addition, there was a message from a [redacted]
on the Facebook page referring to [redacted] 'Kev Raven'.
The panel also noted that in Mr Regester's response to the Notice of Referral; he accepts
making the remarks and does not deny the Facebook account of Kev Raven is his own
account.
On balance, the panel was convinced that Kev Raven was Mr Regester and from now on
will only refer to Mr Regester. In addition, the panel considered there was no ulterior
motive to Mr Regester's wish to be known on Facebook by an alternative name.
In respect of the allegation, the panel heard live evidence from Witness A who explained
that when he received the complaint from the College, he investigated the matter with his
colleague, Individual A. Individual A, who was not a Facebook 'friend' with Mr Regester
was able to access the relevant pages and view the comments that were present.
Witness A later clarified that Individual A’s Facebook profile kept crashing. As a result,
Witness A had also searched for Mr Regester via his own profile and also had access, 7
despite not being 'friends'. This therefore meant the comments on Mr Regester's page
were freely accessible to the public.
The panel had sight of screenshots from Mr Regester's Facebook account from pages 33
to 47. Comments that the panel were particularly drawn to included, but were not limited
to:
• "One seriously mixed day. 2nd set Y10. The kids are CUNTS…Y9set2 excelled
themselves to piss off. One little scrote…" (page 38); and
• "Yesterday was about ripping new cunts & arseholes. Today: ripping off heads &
shitting down necks! All in the name of education" (page 41).
The panel also noted a number of photographs that Mr Regester had used on his page,
the photographs portraying:
• A group of men appearing to be Muslim and holding, apparently photo-shopped
placards stating, amongst other things, "Fuck it! I want a ham sandwich", "I love
pork pies" and "Bum sex is very naughty"; and
• A slogan stating "What’s the difference between cigarettes and Islamic Jihadists?
You can only get 200 cigarettes into the UK before the authorities start asking
questions" (page 35).
For the purposes of this allegation, as Mr Regester had published these photographs
showing the comments, the panel determined he had also 'made' the comments. The
panel also determined that 'offensive' and 'racist' would be defined by the standard,
English definition using the panel's own knowledge of generally appropriate language.
The panel noted Mr Regester's account that "offence is a perspective issue…I may have
expressed intolerance towards regimes and practices that themselves promote general
intolerance…It is my belief that I, my family and friends, have the RIGHT to live in a
society that is free from oppression".
The panel considered that this allegation (and the case as a whole) related to the
expression of comments by Mr Regester in a public forum rather than any views that he
may have held.
In the panel's view, the comments included extreme swear words used repeatedly,
including direct reference to pupil year groups, and religious caricatures that could only
be reasonably determined as racist considering their content. It was clear that the
comments were offensive and racist and the panel therefore finds this allegation proved.
8
2. In undertaking allegation 1, you demonstrated a lack of tolerance and
respect for the rights and/or beliefs of others
In the panel's view, all persons in society are entitled to respect for their rights and
beliefs. The use of offensive and racist language, especially when directed at particular
groups of people, including children whom he taught, would not be utilised by someone
with tolerance and respect for others.
For the reasons above, and those examples and reasons given for allegation 1, the panel
finds this allegation proved.
3. You provided false and/or misleading and/or conflicting information to
a recruitment agency when the matter set out in allegation 1 was
investigated
Mr Rogers explained that when he first telephoned Mr Regester to discuss the concerns
as raised by the College, Mr Regester denied having a Facebook account. Mr Regester
stated that his wife did have an account, which may have been hacked. Witness A
denied that Mr Regester had asked him to clarify which Facebook account was being
referred to and was clear in his recollection that Mr Regester had stated he had no such
account.
In a second conversation, Witness A stated that Mr Regester asserted that [redacted]
had created a fake Facebook account to discredit him following long-running issues
between the two of them. These issues had escalated to such an extent that police had
been called to intervene, both having made death-threats to one another. Witness A
confirmed that Mr Regester had said the police had 'cautioned' him, which Witness A
took to mean a formal police caution.
As a result of the complaint, Celsian had made investigations with the police regarding
the feud between the two men, with the police confirming issues had existed for some
time. Whilst no official caution had been given to either of the men, informal warnings
about their behaviour had been given.
During this conversation, Mr Regester also suggested that as he had used computers in
the library in the past, he might have left his Facebook account open, possibly allowing
access to his account by an unknown person.
Witness A confirmed that in a third call with Mr Regester, he had asserted receiving an
email from Facebook stating an attempt had been made to log-in to his Facebook
account from a different location.
Mr Regester stated that his responses to Celsian had been "deliberately or carelessly
misquoted". His initial response to Celsian was not a denial of having a Facebook page
but rather, as he had a number of Facebook pages, a question of which specific page
was being referred to. Mr Regester asserted that he was given no time to respond. 9
In the panel's view, Witness A gave evidence in a clear and consistent manner. He had
opened himself up to cross-examination and the panel found his evidence to be reliable.
Mr Regester had not offered himself open to questioning and, to that extent, the panel
preferred Witness A’s evidence over that of Mr Regester's written statement.
On balance, the panel therefore finds that in the first telephone call, Mr Regester did
state he did not have a Facebook account, a false (and therefore misleading) statement
in the light of the Facebook screenshots the panel had sight of and the later accounts
given by Mr Regester. The comment made by Mr Regester in the third telephone call with
Witness A was also contradictory to his initial account of not having a Facebook account.
The panel therefore finds the allegation proved in respect of the account given by Mr
Regester to Witness A during the first telephone call.
In respect of the 'caution' comment, which the panel accepts was made by Mr Regester,
in light of the ambiguity regarding whether Mr Regester was referring to a formal police
caution or to an informal warning, the panel did not find the allegation proved in this
regard.
4. Your behaviour as may be found proven at 3 above demonstrates a
lack of integrity and/or was dishonest.
In the panel's view, Mr Regester was a regular, active user on Facebook, which included
uploading of photographs and regular comments being made by him on the website.
Whilst the panel could not be entirely confident of the exact dates of Mr Regester's
Facebook comments, Witness A confirmed that Mr Regester's employment contract was
extended in May 2017, which coincided with a Facebook comment from Mr Regester
reflecting the same. Similarly, the panel had sight of a privacy notice from Facebook
dated 2017.
On balance, considering Mr Regester's recent proactive use of Facebook at the time of
the first telephone call with Witness A, the panel determined that he was aware that he
had a Facebook account but had instead denied it and fabricated multiple versions of
events.
In the panel's view, a false and misleading account knowingly given by an employee to
an employer when being questioned on serious matters (such as in this case), can only
be regarded as dishonest and as an attempt to avoid possible disciplinary and regulatory
proceedings. The panel therefore finds the allegation proved in respect of dishonesty and
of Mr Regester's lack of integrity. 10
Findings as to unacceptable professional conduct and/or conduct that
may bring the profession into disrepute
Having found all of the allegations to have been proven, the panel has gone on to
consider whether the facts of those proven allegations amount to unacceptable
professional conduct and/or conduct that may bring the profession into disrepute.
In doing so, the panel has had regard to the document Teacher Misconduct: The
Prohibition of Teachers, which the panel refers to as “the Advice”.
The panel is satisfied that the conduct of Mr Regester in relation to the facts found
proven, involved breaches of the Teachers’ Standards. The panel considers that by
reference to Part Two, Mr Regester 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 and building relationships rooted in mutual respect
o showing tolerance of and respect for the rights of others;
o not undermining fundamental British values, including democracy, the rule of
law, individual liberty and mutual respect, and tolerance of those with different
faiths and beliefs;
o ensuring that personal beliefs are not expressed in ways which exploit pupils’
vulnerability.
The panel is satisfied that the conduct of Mr Regester amounts to misconduct of a
serious nature, which fell significantly short of the standards expected of the profession.
The panel has also considered whether Mr Regester’s conduct displayed behaviours
associated with any of the offences listed on pages 8 and 9 of the Advice and the panel
has found that the offences of intolerance and serious dishonesty are relevant.
The Advice indicates that where behaviours associated with such an offence exist, a
panel is likely to conclude that an individual’s conduct would amount to unacceptable
professional conduct.
The panel notes that the allegations took place outside of the education setting.
Nevertheless, in light of the references to pupils, Mr Regester being a teacher and
School activities, all of which were made on a website that was accessible to the public,
the panel determined that the activities clearly impacted on Mr Regester's role as a
teacher.
Accordingly, the panel is satisfied that Mr Regester's actions amount to unacceptable
professional conduct.
The panel has taken into account how the teaching profession is viewed by others and
considered the influence that teachers may have on pupils, parents and others in the 11
community. The panel has taken account of the uniquely influential role that teachers can
hold in pupils’ lives and that pupils must be able to view teachers as role models in the
way they behave.
The findings of misconduct are serious and the conduct displayed would likely have a
negative impact on Mr Regester’s status as a teacher, potentially damaging the public
perception.
The panel therefore finds that Mr Regester’s actions constitute conduct that may bring
the profession into disrepute.
Panel’s recommendation to the Secretary of State
Given the panel’s findings in respect of unacceptable professional conduct and conduct
that may bring the profession into disrepute, it is 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 has to consider whether it is an appropriate and proportionate
measure, and whether it is 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 has considered the particular public interest considerations set out in the
Advice and having done so has 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;
• declaring and upholding proper standards of conduct; and
• public confidence in the regulatory process.
In light of the panel’s findings against Mr Regester, which involved his expression in a
public domain of offensive and racist comments and his dishonest conduct arising from
an investigation into the same, there is a strong public interest consideration in ensuring
that pupils and the public are not exposed to such comments from a teacher in the future.
Similarly, the panel considers that public confidence in the profession could be seriously
weakened if conduct such as that found against Mr Regester was not treated with the
utmost seriousness when regulating the conduct of the profession. 12
The panel considered that a strong public interest consideration in declaring proper
standards of conduct in the profession was also present as the conduct found against Mr
Regester was outside that which could reasonably be tolerated.
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 Regester. The panel noted his written
statement at page 77 that:
• "I am no longer employed as a teacher or in the educational sector as a whole.
Further I have no intention or desire to return to education"; and
• "I now work in the industrial sector, therefore this investigation bears no
relevance to my current employment".
The panel considered that the above comments clearly indicated Mr Regester's lack of
interest in maintaining his career as a teacher.
In carrying out the balancing exercise, the panel has considered the public interest
considerations both in favour of and against prohibition as well as the interests of Mr
Regester. 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 proven. In the list
of such behaviours, those that are relevant in this case are:
• serious departure from the personal and professional conduct elements of the
Teachers’ Standards;
• actions or behaviours that undermine fundamental British values of democracy,
the rule of law, individual liberty, and mutual respect and tolerance of those with
different faiths and beliefs;
• a deep-seated attitude that leads to harmful behaviour;
• violation of the rights of pupils;
• dishonesty especially where it has been repeated and covered up;
• deliberate behaviour that undermines pupils, the profession, the school or
colleagues;
Even though there were behaviours that would point to a prohibition order being
appropriate, the panel went on to consider whether or not there were sufficient mitigating
factors to militate against a prohibition order being an appropriate and proportionate
measure to impose, particularly taking into account the nature and severity of the
behaviour in this case.
In light of the panel’s findings, the panel considered Mr Regester's actions as being
clearly deliberate and there was no suggestion that he was acting under duress. Whilst
the panel was told he had a previously good history, the panel was not presented with 13
any material by Mr Regester as to his qualities or strengths as a teacher nor any
references as to his character.
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 is sufficient.
The panel is of the view that applying the standard of the ordinary intelligent citizen
recommending no prohibition order is not a proportionate and appropriate response.
Recommending that publication of adverse findings is sufficient in the case would
unacceptably compromise the public interest considerations present in this case, despite
the severity of consequences for Mr Regester of prohibition.
The panel is of the view that prohibition is both proportionate and appropriate. The panel
has decided that the public interest considerations significantly outweigh the interests of
Mr Regester. The repeated use of offensive and racist language by Mr Regester, and
thereafter the dishonest conduct in attempting to divert blame away from himself, was a
significant factor in forming that opinion. Accordingly, the panel makes 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 them to decide
to recommend that a review period of the order should be considered. The panel were
mindful that the Advice advises that a prohibition order applies for life, but there may be
circumstances in any given case that may make it appropriate to allow a teacher to apply
to have the prohibition order reviewed after a specified period of time that may not be
less than 2 years.
The Advice indicates that there are behaviours that, if proven, would militate against a
review period being recommended. These behaviours include:
• intolerance on the grounds of race/religion; and
• serious dishonesty.
The panel has found that Mr Regester has been responsible for expressing offensive and
racist comments and thereafter conducting himself in a dishonest manner when his
employer was investigating these comments.
Mr Regester has not expressed any remorse for, or understanding of, the effect his
actions may have had on pupils and wider society. On the contrary, the panel considered
Mr Regester's written response as an attempt to justify his behaviour and divert blame
away from himself. Mr Regester has not provided any material to indicate he has any
intention to remediate his behaviour. 14
The panel felt the findings indicated a situation in which a review period would not be
appropriate and as such decided that it would be proportionate in all the circumstances
for the prohibition order to be recommended without 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 sanction and review period.
In considering this case, I have also given very careful attention to the advice that is
published by the Secretary of State concerning the prohibition of teachers.
In this case, the panel has found the majority of all the allegations proven and found that
those proven facts amount to unacceptable professional conduct and conduct that may
bring the profession into disrepute. In the case of the third allegation the panel did not
find the element relating to a police caution to be proven. I have therefore put that matter
from my mind entirely when considering this case.
The panel has made a recommendation to the Secretary of State that Mr Regester
should be the subject of a prohibition order, with no provision for a review period.
In particular, the panel has found that Mr Regester 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 and building relationships rooted in mutual respect
o showing tolerance of and respect for the rights of others;
o not undermining fundamental British values, including democracy, the rule of
law, individual liberty and mutual respect, and tolerance of those with different
faiths and beliefs;
o ensuring that personal beliefs are not expressed in ways which exploit pupils’
vulnerability.
The panel also considered whether Mr Regester’s conduct displayed behaviours
associated with any of the offences listed on pages 8 and 9 of the Advice and the panel
has found that the offences of intolerance and serious dishonesty are relevant.
The findings of misconduct are particularly serious as they include a finding of intolerance
and serious dishonesty.
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 or not 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 Regester, and the impact that will
have on him, is proportionate.
In this case, I have considered the extent to which a prohibition order would protect
children. The panel has observed, “in the light of the references to pupils, Mr Regester
being a teacher and School activities, all of which were made on a website that was
accessible to the public, the panel determined that the activities clearly impacted on Mr
Regester's role as a teacher.” A prohibition order would therefore prevent such a risk
from being present in the future. I have also taken into account the panel’s comments on
insight and remorse, which the panel sets out as follows, “Mr Regester has not
expressed any remorse for, or understanding of, the effect his actions may have had on
pupils and wider society. On the contrary, the panel considered Mr Regester's written
response as an attempt to justify his behaviour and divert blame away from himself. Mr
Regester has not provided any material to indicate he has any intention to remediate his
behaviour.”
In my judgement, the lack of insight means that there is some risk of the repetition of this
behaviour and this risks the future well being of pupils and others. 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 that the, “ findings of misconduct are
serious and the conduct displayed would likely have a negative impact on Mr Regester’s
status as a teacher, potentially damaging the public perception.”
I am particularly mindful of the findings of intolerance and dishonesty 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 failure to impose a prohibition order might be regarded by the public
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 “ordinary intelligent and well-informed
citizen.”
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 Regester himself. I have
noted the panel’s comments concerning Mr Regester in that, “Whilst the panel was told
he had a previously good history, the panel was not presented with any material by Mr
Regester as to his qualities or strengths as a teacher”. The panel also report Mr
Regester’s own comments that, “
• "I am no longer employed as a teacher or in the educational sector as a whole.
Further I have no intention or desire to return to education"; and
• "I now work in the industrial sector, therefore this investigation bears no
relevance to my current employment".
The panel says that it “considered that the above comments clearly indicated Mr
Regester's lack of interest in maintaining his career as a teacher.”
Nonetheless, a prohibition order would prevent Mr Regester from teaching and 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 panel’s comments concerning the
lack of insight or remorse. The panel has said it regards, “Mr Regester's written response
as an attempt to justify his behaviour and divert blame away from himself. Mr Regester
has not provided any material to indicate he has any intention to remediate his
behaviour.”
I have given less weight in my consideration of sanction therefore, to the contribution that
Mr Regester 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 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 in order to achieve, the aims which a prohibition order is intended to
achieve.
I have gone on to consider the matter of a review period. In this case, the panel has
recommended that there should be no provision for a review period.
I have considered the panel’s comments “ The panel has found that Mr Regester has
been responsible for expressing offensive and racist comments and thereafter
conducting himself in a dishonest manner when his employer was investigating these
comments.“
I have considered whether allowing for no provision of a review period reflects the
seriousness of the findings and is a proportionate period to achieve the aim of
maintaining public confidence in the profession. In this case, there are three factors that 17
in my view mean that to allow for no review period is necessary to achieve the aim of
maintaining public confidence in the profession. These elements are the serious
intolerance shown, the dishonesty found and the lack of either insight or remorse.
I consider therefore that allowing for no review period is required to satisfy the
maintenance of public confidence in the profession.
This means that Mr Kevin Regester is prohibited from teaching indefinitely and
cannot teach in any school, sixth form college, relevant youth accommodation or
children’s home in England. Furthermore, in view of the seriousness of the allegations
found proved against him, I have decided that Mr Kevin Regester 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 Kevin Regester has a right of appeal to the Queen’s Bench Division of the High Court
within 28 days from the date he is given notice of this order.
Decision maker: Alan Meyrick
Date: 8 August 2018
This decision is taken by the decision maker named above on behalf of the Secretary of
State.
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