Mr Matthew Smith

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

Teacher's name: Mr Matthew Smith

Teacher reference number: 1060535

Teacher's date of birth: 15 June 1988

Location teacher worked: Battersea, London

Date of professional conduct panel: 25 April 2025

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 Matthew Smith, formerly employed in Battersea, London.

Teacher misconduct

Ground Floor, South

Cheylesmore House

5 Quinton RoadCoventryCV1 2WT

Email TRA.Casework@education.gov.uk

Telephone 020 7593 5393

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

Mr Matthew Smith: Professional conduct panel meeting outcome Panel decision and reasons on behalf of the Secretary of State for Education April 2025 2 Contents Introduction 3 Allegations 4 Summary of evidence 5 Documents 5 Statement of agreed facts 5 Decision and reasons 6 Findings of fact 6 Panel’s recommendation to the Secretary of State 10 Decision and reasons on behalf of the Secretary of State 13 3 Professional conduct panel decision and recommendations, and decision on behalf of the Secretary of State Teacher: Mr Matthew Smith Teacher ref number: 1060535 Teacher date of birth: 15 June 1988 TRA reference: 21240 Date of determination: 25 April 2025 Former employer: Thomas’s Battersea Primary School, London Introduction A professional conduct panel (“the panel”) of the Teaching Regulation Agency (“the TRA”) convened on 25 April 2025 by way of a virtual meeting, to consider the case of Mr Matthew Smith. The panel members were Ms Jackie Hutchings (teacher panellist – in the chair), Mrs Georgina Bean (teacher panellist) and Mr Peter Whitelock (lay panellist). The legal adviser to the panel was Mrs Samantha Cass of Birketts LLP Solicitors. In advance of the meeting, after taking into consideration the public interest and the interests of justice, the TRA agreed to a request from Mr Smith that the allegations be considered without a hearing. Mr Smith provided a signed statement of agreed facts and admitted conviction of a relevant offence. The panel considered the case at a meeting without the attendance of the presenting officer Mr Jon Walters of Brabners LLP, Mr Smith or any representative for Mr Smith. The meeting took place in private. 4 Allegations The panel considered the allegations set out in the notice of meeting dated 14 January 2025. It was alleged that Mr Smith was guilty of having been convicted of a relevant offence, in that: 1. On or around 09 August 2023, he was convicted at Southwark Crown Court of the following offences: a. Intentionally encourage/assist an commission of an indictable offence on 19/07/17 – 22/09/17. Serious Crime Act 2007 s.44 b. Cause/incite a boy under 13 to engage in sexual activity – no penetration on 24/02/19. Sexual Offences Act 2003 s.8(1) c. Arrange/facilitate the commission of a child sex offence on 21/10/19. Sexual Offences Act 2003 s.14 d. Cause/incite a boy under 13 to engage in sexual activity – no penetration on 25/11/19. Sexual Offences Act 2003 s.8(1) e. Intentionally encourage/assist an commission of an either way offence on 01/01/20. Serious Crime Act 2007 s.44 f. Cause/incite a boy under 13 to engage in sexual activity – no penetration on 12/02/20. Sexual Offences Act 2003 s.8(1) g. Intentionally encourage/assist an commission of an indictable offence on 12/02/20. Serious Crime Act 2007 s.44 h. Intentionally encourage/assist an commission of an indictable offence on 21/02/20 – 25/02/20. Serious Crime Act 2007 s.44 i. Intentionally encourage/assist an commission of an either way offence on 16/07/20. Serious Crime Act 2007 s.44 j. Three counts of making indecent photograph or pseudo photograph of children on 12/06/16 – 07/11/22. Protection of Children Act 1978 s.1(a) k. Possession of extreme pornographic images – of intercourse/oral sex with dead/alive animal on 12/06/16 – 07/11/22. Criminal Justice and Immigration Act 2008 s.63(a)(7)(d) l. Possess prohibited images of children on 12/06/16 – 07/11/22. Coroners and Justice Act 2009 s.62(1) 5 m. Three counts of distributing indecent photographs or pseudo photographs of children on 03/01/17 – 17/06/21. Protection of Children Act 1978 s.1 n. Making indecent photograph or pseudo-photograph of children on 01/01/18 – 06/11/22. Protection of Children Act 1978 s.1(a) o. Making indecent photograph or pseudo-photograph of children on 29/12/17 – 07/11/22. Protection of Children Act 1978 s.1(a) p. Cause/incite the sexual exploitation of a child under 13 on 08/11/22. Sexual Offences Act 2003 s.48(1)(a) q. Distributing indecent photographs or pseudo-photograph of children on 28/12/17 – 07/11/22. Protection of Children Act 1978 s.1(a) r. Making indecent photograph or pseudo-photograph of children on 28/12/17 – 07/11/22. Protection of Children Act 1978 s.1(a) Mr Smith admitted allegations 1(a) – (r), as set out in the statement of agreed facts, signed by Mr Smith on 17 December 2024. Summary of evidence Documents In advance of the hearing, the panel received a bundle of documents which included: Section 1: Notice of referral response and notice of meeting – pages 1 to 9 Section 2: Statement of agreed facts – pages 10 to 18 Section 3: Crown Court documents – pages 19 to 29 Section 4: Teacher Documents – pages 30 to 31 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 “Procedures”). Statement of agreed facts The panel considered a statement of agreed facts which was signed by Mr Smith on 17 December 2024. 6 Decision and reasons The panel announced its decision and reasons as follows: The panel carefully considered the case before it and reached a decision. In advance of the meeting the TRA agreed to a request from Mr Smith for the allegations to be considered without a hearing. The panel had the ability to direct that the case be considered at a hearing if required in the interests of justice or in the public interest. The panel did not determine that such a direction was necessary or appropriate in this case. Mr Smith commenced his role as deputy pastoral manager and deputy safeguarding lead at Thomas’s Battersea Primary School (‘the School’) in September 2022. Mr Smith was arrested at his home on 6 November 2022. Evidence from his laptop revealed that he was using an encrypted messaging service to discuss receiving and sending indecent images of children. On 9 August 2023, Mr Smith was convicted at Southwark Crown Court. The matter was referred to the TRA on 9 November 2022. The panel noted that there was a clerical error in the bundle as it stated on the certificate of conviction on page 19 of the bundle that Mr Smith was sentenced on 9 August 2023 and page 14 of the bundle stated that Mr Smith was convicted on 9 August 2023. The panel noted that the actual date of conviction was 20 June 2023, and Mr Smith was sentenced on 9 August 2023. The panel did not consider that there was any need to amend the allegations which referred to a conviction “on or around 09 August 2023”. Findings of fact The findings of fact are as follows: The panel found the following particulars of the allegations against you proved, for these reasons: 1. On or around 09 August 2023, you were convicted at Southwark Crown Court of the following offences: a. Intentionally encourage/assist an commission of an indictable offence on 19/07/17 – 22/09/17. Serious Crime Act 2007 s.44 b. Cause/incite a boy under 13 to engage in sexual activity – no penetration on 24/02/19. Sexual Offences Act 2003 s.8(1) 7 c. Arrange/facilitate the commission of a child sex offence on 21/10/19. Sexual Offences Act 2003 s.14 d. Cause/incite a boy under 13 to engage in sexual activity – no penetration on 25/11/19. Sexual Offences Act 2003 s.8(1) e. Intentionally encourage/assist an commission of an either way offence on 01/01/20. Serious Crime Act 2007 s.44 f. Cause/incite a boy under 13 to engage in sexual activity – no penetration on 12/02/20. Sexual Offences Act 2003 s.8(1) g. Intentionally encourage/assist an commission of an indictable offence on 12/02/20. Serious Crime Act 2007 s.44 h. Intentionally encourage/assist an commission of an indictable offence on 21/02/20 – 25/02/20. Serious Crime Act 2007 s.44 i. Intentionally encourage/assist an commission of an either way offence on 16/07/20. Serious Crime Act 2007 s.44 j. Three counts of making indecent photograph or pseudo photograph of children on 12/06/16 – 07/11/22. Protection of Children Act 1978 s.1(a) k. Possession of extreme pornographic images – of intercourse/ oral sex with dead/alive animal on 12/06/16 – 07/11/22. Criminal Justice and Immigration Act 2008 s.63(a)(7)(d) l. Possess prohibited images of children on 12/06/16 – 07/11/22. Coroners and Justice Act 2009 s.62(1) m. Three counts of distributing indecent photographs or pseudo photographs of children on 03/01/17 – 17/06/21. Protection of Children Act 1978 s.1 n. Making indecent photograph or pseudo-photograph of children on 01/01/18 – 06/11/22. Protection of Children Act 1978 s.1(a) o. Making indecent photograph or pseudo-photograph of children on 29/12/17 – 07/11/22. Protection of Children Act 1978 s.1(a) p. Cause/incite the sexual exploitation of a child under 13 on 08/11/22. Sexual Offences Act 2003 s.48(1)(a) q. Distributing indecent photographs or pseudo-photograph of children on 28/12/17 – 07/11/22. Protection of Children Act 1978 s.1(a) 8 r. Making indecent photograph or pseudo-photograph of children on 28/12/17 – 07/11/22. Protection of Children Act 1978 s.1(a) The panel considered the statement of agreed facts, signed by Mr Smith on 17 December 2024. In that statement of agreed facts, Mr Smith admitted to the particulars of allegation 1, and further admitted that the facts of the allegation amounted to a conviction of a relevant offence. Notwithstanding this, the panel made a determination based on the facts available to it. The panel noted page 8 of the Teacher misconduct: the prohibition of teachers (‘the Advice’) which states that, where there has been a conviction at any time, of a criminal offence, the panel will accept the certificate of conviction as conclusive proof of both the conviction and the facts necessa