Full PDF Document Transcript Search
Mr Michael Heayes:
Professional conduct
panel outcome
Panel decision and reasons on behalf of the
Secretary of State for Education
October 2025
2
Contents
Introduction 3
Allegations 3
Summary of evidence 4
Documents 4
Witnesses 4
Decision and reasons 4
Findings of fact 5
Panelâs recommendation to the Secretary of State 13
Decision and reasons on behalf of the Secretary of State 16
3
Professional conduct panel decision and recommendations, and decision on
behalf of the Secretary of State
Teacher: Mr Michael Heayes
Teacher ref number: 8949123
Teacher date of birth: 28 February 1958
TRA reference: 20135
Date of determination: 31 October 2025
Former employer: Teaching Personnel Ltd, Welwyn Garden City
Introduction
A professional conduct panel (âthe panelâ) of the Teaching Regulation Agency (âthe
TRAâ) convened on 30 to 31 October 2025 by way of a virtual hearing, to consider the
case of Mr Michael Heayes.
The panel members were Ms Susan Humble (lay panellist â in the chair), Dr Lee
Longden (former teacher panellist) and Ms Samantha Haslam (teacher panellist).
The legal adviser to the panel was Mr James Corrish of Birketts LLP solicitors.
The presenting officer for the TRA was Mr Lee Bridges of Kingsley Napley LLP solicitors.
Mr Heayes was present and was not represented.
The hearing took place in public and was recorded.
Allegations
The panel considered the allegations set out in the Notice of Proceedings dated 12 June
2025.
It was alleged that Mr Heayes was guilty of unacceptable professional conduct and/or
conduct that may bring the profession into disrepute whilst working as a teacher at
Noadswood School (the âSchoolâ), in that:
1. On 24 June 2021, he downloaded and/or was in possession of and/or made
photographs and/or pseudo photographs of children that were inappropriate
and/or of a sexual nature. 4
2. He knowingly downloaded files which he knew would likely contain indecent
images of children.
Mr Heayes made no admission of fact in respect of allegations 1 and 2 prior to the
hearing.
Summary of evidence
Documents
In advance of the hearing, the panel received a bundle of documents which included:
Section 1: Chronology and list of key people â pages 3 to 4
Section 2: Notice of Proceedings and response â pages 5 to 9
Section 3: TRA witness statements â pages 10 to 11
Section 4: TRA documents â pages 12 to 99
Section 5: Teacher documents â pages 100 to 101
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 TRA did not call any witnesses to give evidence at the hearing.
Mr Heayes was in attendance and gave evidence.
Decision and reasons
The panel announced its decision and reasons as follows:
The panel carefully considered the case before it and reached a decision.
Mr Heayes commenced employment with Teaching Personnel Ltd on 6 May 2003.
On 8 March 2021, a referral was made to the police suggesting that offences relating to
indecent images of children had been committed, and an IP address was supplied to the
police which was linked to Mr Heayesâ home address. 5
On 24 June 2021, whilst Mr Heayes was working at the School, the police visited
Mr Heayesâ home address and seized his devices.
A HP computer tower found at his home address was subject to forensic examination
and was found to contain illegal files, including 95 Category A files, 249 Category B files
and 1803 Category C files.
Mr Heayes attended the police station for a voluntary interview on 2 July 2021.
Mr Heayes was subsequently prosecuted but was found not guilty.
On 5 July 2021, a referral was made to the TRA.
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 24 June 2021, you downloaded and/or were in possession of and/or
made photographs and/or pseudo photographs of children that were
inappropriate and/or of a sexual nature.
The panel proceeded on the basis that Mr Heayes denied this allegation.
The panel considered the printout of the PNC record dated 12 December 2022. The
panel noted that Mr Heayes was charged with the following 3 offences:
⢠[REDACTED]
⢠[REDACTED]
⢠[REDACTED]
The panel also had sight of Mr Heayesâ Microsoft Edge/Internet Explorer history, and
torrent active transfers. The panel noted that Mr Heayes had accessed and downloaded
multiple torrent files.
The panel considered the police report provided within the bundle. The report set out that
a referral was made to the police on 8 March 2021, and an IP address was supplied
which linked to Mr Heayesâ home address. [REDACTED] visited Mr Heayesâ home
address on 24 June 2021 and removed Mr Heayesâ laptop and desktop computer. The
devices were subject to a forensic triage and Mr Heayesâ computer was found to contain
apparent indecent images and was submitted for a full digital forensic examination. 6
The report set out that following the full examination, Mr Heayesâ computer tower was
found to contain a considerable amount of illegal files. These were detailed in the report
as follows:
⢠âCategory A- 71x images & 24x videos. Total 95x Cat A files.
⢠Category B- 169x images & 80x videos. Total 249x Cat B files.
⢠Category C- 1504x images & 299x videos. Total 1803x Cat C files.â
The report detailed that there were 983 prohibited images of children.
The report stated that the police also recovered search terms Mr Heayes had used
indicative of those known to be used to locate indecent images of children on the
internet.
Mr Heayes attended the police station for a voluntary interview on 2 July 2021. The
record of interview, which Mr Heayes accepted in oral evidence was an accurate one,
detailed that Mr Heayes was informed that the police had received a notification that
caused officers to suspect that indecent images of children had been made available on
the internet through peer to peer sharing addresses, via an IP address that was found to
be based at Mr Heayesâ home address. Mr Heayes was told that a HP computer tower
found at his home contained indecent images of children. Mr Heayes confirmed his home
address in that interview and that he was responsible for the HP computer tower and any
content on it, and that although his [REDACTED] had access to the computer, he was
the only one using âpeer to peerâ.
The report detailed that Mr Heayes stated that he used âpeer to peerâ mostly for music
and movies but that he had also downloaded pornography but would try to delete any
indecent images. Mr Heayes stated that indecent images of children would have been
downloaded on 2 occasions, firstly when he downloaded 1970âs pornography from a
business called â[REDACTED]â, which had a folder within the zip file he downloaded
containing a load of âtorrentsâ, and he clicked on them to see what they were and they
were child pornography. Mr Heayes stated that there was one folder from his download
containing indecent images of children. Secondly, he had downloaded indecent images
through a file download called âhidden chanâ.
In oral evidence Mr Heayes acknowledged that he had downloaded the illegal images
and had accessed illegal and inappropriate images of children of a sexual nature but
submitted that he did not intend to do so. Mr Heayes indicated that if, on opening a file,
he found it to contain an inappropriate image of a child of a sexual nature he would, on
recognising the content as falling within that bracket, delete it.
Mr Heayes confirmed that he had been the subject of a criminal prosecution in
connection with the images which had been found on his computer and that the outcome 7
of that prosecution was that he had been found not guilty. The fact that that was the
outcome of the criminal proceedings was not contested by the TRA.
Mr Heayes asserted within his oral evidence that the hearing bundle did not contain
some information which had been before the Court in the criminal prosecution and that,
he said, that documentation indicated, amongst other things, that 99% of the illegal
images found were images reassembled by the technical expert from âparsedâ content
rather than complete images.
Mr Heayes said he did not disagree with the categorisation of these images but stated
that the police and forensic report, as it was before the panel, was entirely unclear on
which of the items identified were fragments of file as opposed to files. Mr Heayes
submitted that it was inappropriate to act based on the numbers of images cited.
Mr Heayes submitted it was essential to note that these images were not on his computer
but the fragments of them were.
Mr Heayes did not dispute that he had downloaded the inappropriate images or that he
had accessed certain images and that they included inappropriate photographs and
pseudo photographs of children of a sexual nature. Mr Heayes was clear though that the
downloads were unintentional and that on his accessing the illegal images of children
and becoming aware of the content he deleted them.
In reaching this decision the panel carefully considered all Mr Heayesâ arguments,
including his submissions that a large part of those images were fragments of files
(though it noted it had very limited direct evidence before it to support his contention in
that regard).
The panel carefully considered all of the evidence before it. The panel noted that it was
clear from the evidence and acknowledged by Mr Heayes:
(a) that Mr Heayes was working as a teacher at the School on 24 June 2021 and
indeed was at the School and teaching on that day
(b) that photographs and/or pseudo photographs of children that were inappropriate
and/or of a sexual nature had been downloaded by Mr Heayes,
(c) that Mr Heayes had accessed one or more of those images, Mr Heayesâ position
being that on accessing them and establishing the nature of the content he would
delete those images (and any related images)
(d) that these images, or at least the constituent parts of these images, remained on
Mr Heayesâ computer, on 24 June 2021 8
The panel noted that it had no evidence before it that Mr Heayes had, on 24 June 2021,
downloaded or made photographs either as alleged or at all. The panel therefore found
that part of the allegation unproven.
The panel found the balance of the allegation, being that on 24 June 2021 Mr Heayes
was in possession of photographs and/or pseudo photographs of children that were
inappropriate and/or of a sexual nature, proven on the balance of probabilities.
The panel noted that this would have been its finding whether or not those images were
fragmented but in any event it had limited evidence regarding which, if any, of the images
were âparsedâ.
The panel therefore found allegation 1 partially proven, as above.
2. You knowingly downloaded files which you knew would likely contain
indecent images of children.
The panel noted that Mr Heayes denied ever having downloaded indecent images of
children knowingly and proceeded in its wider consideration of the evidence on that
basis.
The panel carefully considered all the documents before it, including the findings in the
police report.
The panel noted its findings in Allegation 1 and that Mr Heayesâ computer was found by
the police to contain a considerable number of illegal files including:
⢠âCategory A- 71x images & 24x videos. Total 95x Cat A files.
⢠Category B- 169x images & 80x videos. Total 249x Cat B files.
⢠Category C- 1504x images & 299x videos. Total 1803x Cat C files.â
This included 983 prohibited images of children as well as what were described by the
police as search terms indicative of those known to be used to locate indecent images of
children on the internet.
The panel again considered the content of the record of the voluntary police station
interview of Mr Heayes on 2 July 2021.
The record of the interview set out that, during his interview, Mr Heayes acknowledged
that there were indecent images of children on his device that he had downloaded but
that he believed he had deleted them.
Mr Heayes stated that indecent images of children would have been downloaded on 2
occasions, firstly when he downloaded 1970âs pornography from â[REDACTED]â, which 9
had a folder containing indecent images of children, and secondly, through a file
download called âhidden chanâ which contained indecent images.
Mr Heayes stated that he would have deleted any category A-C indecent images and that
he tended to click on things to download, go back a day later and see what he had.
Mr Heayes stated that indecent images of children were uncovered from time to time and
that he deleted them, and quite often if the name of a file came up and he could tell it
would contain indecent images he would delete it before it had even downloaded.
The panel noted that Mr Heayes admitted that he had downloaded indecent images, and
that he stated that they would be downloaded within other files from time to time, during
his police interview.
In oral evidence, Mr Heayes repeated that he had never sought to or knowingly
downloaded illegal content including indecent images of children.
Mr Heayes also clarified in evidence that the âhidden chanâ download had occurred just
on one occasion. Mr Heayes explained that the result of the download was a number of
files and then when he tried to open one, he had opened all of them as they were torrent
files.
Mr Heayes confirmed that he had been using torrent sites to download music but did also
use them to download pornography though never knowingly child pornography.
Mr Heayes stated that he would on occasion download pornography peer-to-peer i.e.
from another person via âpirate bayâ. Mr Heayes stated that he would not necessarily
know the content of that pornography before it was downloaded saying âyou don't always
get what you think you are going to get".
Mr Heayes described that on a number of occasions he would download files which
simply had a number as a file name. He stated that on occasion that could result in child
pornography being downloaded but emphasised this was unusual.
Mr Heayes stated that, in his barristerâs summing up in the Criminal Court, they had said
that 99% of the indecent images of children alleged to be on his computer were in the
form of fragments. Mr Heayes said that the police reports had been totally upfront about
that point but that was not apparent from the documents in the panelâs bundle.
Mr Heayes said that on the day the police picked up his computer he had been working
at the School but that the dates with regard to most of the downloads as they were cited
in evidence were wrong.
In response to the panelâs question as to whether he reported any of the indecent images
of children which he had downloaded, Mr Heayes informed the panel that he had not but
that he had consulted a colleague who was an [REDACTED] and that this individual had
informed him that he should simply delete it and that there was no point in reporting it as
the police knew about it already. 10
The panel had sight of a table setting out a record of the Google searches Mr Heayes
had made on his device which had been disclosed by the forensic search. Mr Heayes did
not seek to contest the validity of this data. The panel noted the following search terms in
particular:
⢠âskinny teen masturbatingâ
⢠âskinny teenâ
⢠âyoung Lolita blowjob redheadâ
⢠âteen pussy dvdâ
⢠ârussian teen pussyâ on 19 February 2021
⢠âfiona cooper schoolgirl pussyâ on 8 May 2021
⢠âhorseandteengirlsâ
Mr Heayes did not contest that these were the search terms knowingly used by him to
download material.
Mr Heayesâ position in evidence was that the term âteenâ was commonly understood in
pornographic terms to refer to someone of age 18-22. Mr Heayes also submitted that his
understanding was that any searches conducted in Google would only download legal
content as Google was safe and well monitored. Mr Heayes also clarified his
understanding that the âfiona cooperâ website was a website in which adults dressed up
as opposed to a website on which children would be present.
Mr Heayes was asked specifically about the search âyoung Lolita blowjob redheadâ and
whether there was a risk that such a search may result in illegal content being
downloaded. Mr Heayes responded that there was âno risk at allâ and that these were
Google searches and that âGoogle is well policed and Google is safe groundâ and that
âany responses would suggest the 18 to 22 age groupâ.
In response to the question âisn't âLolitaâ used as a search term for an under 18 year oldâ
Mr Heayes responded, ânot on Googleâ.
The panel carefully considered the search terms used. The panel noted that it would
consider that the word âLolitaâ in particular would be commonly understood by people to
refer to a child. The panel noted that the search conducted by Mr Heayes referred to a
âyoung Lolitaâ which it considered suggested a search for content of a sexual nature
concerning a young child.
The panel did not find Mr Heayesâ explanation plausible that he believed that the use of
the search engine Google would inevitably result in only legal content being produced. 11
Further the panel did not find it likely that the insertion of the phrase âyoung Lolita blowjob
redheadâ into any search engine would be a search designed to procure legal content.
Whilst making no finding as to how the term âteenâ is used in pornography generally, the
panelâs observation was that the basic definition of the phrase was a person between the
age of 13 and 19 (and that clearly children formed the main part of that bracket).
The panel considered that the use of these search terms, on the balance of probabilities,
would be likely to give rise to the download of files containing indecent images of
children. The panel considered that the search terms appeared to be aimed at identifying
sexual content of children and noted that this was consistent with the police reportâs
findings. Whilst carefully considering all the evidence, including Mr Heayesâ submissions,
the panel formed the view, on the balance of probabilities, that any reasonable person
would consider that in submitting the search terms used it was likely that files containing
indecent images of children would be downloaded and that Mr Heayes would have
known this when he chose to input the searches to download the files.
The panel particularly noted the evidence within the police report that on 26 May 2021
timed at 15.39.44 it appeared that Mr Heayes had downloaded a torrent file entitled
âMaster Film Lolita Special.aviâ. Again, the panel considered that, on the balance of
probabilities, Mr Heayes would have known when downloading this file that it would likely
contain indecent images of children.
The panel carefully considered all the evidence and its findings above and found that, on
the balance of probabilities, the TRA had demonstrated that Mr Heayes, whilst working
as a teacher at Noadswood School, had knowingly downloaded files which he knew
would be likely to contain indecent images of children.
The panel found allegation 2 proven, on the balance of probabilities.
Findings as to unacceptable professional conduct and conduct that
may bring the profession into disrepute
Having found part 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 Heayes, in relation to the facts
found proved, involved breaches of the Teachersâ Standards.
The panel considered that, by reference to Part 2, Mr Heayes was in breach of the
following standards: 12
ď§ 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
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
ď§ Teachers must have an understanding of, and always act within, the statutory
frameworks which set out their professional duties and responsibilities.
The panel also considered whether Mr Heayesâ 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 any activity involving viewing, taking, making,
possessing, distributing or publishing any indecent photograph or image or pseudo
photograph or image of a child, or permitting any such activity, including one-off incidents
was relevant.
The panel noted that although the allegations took place outside the education setting,
they were relevant to Mr Heayesâ position as a teacher in that the panel had concluded
that he had been in possession of indecent images of children and had knowingly
downloaded files which he knew would likely contain indecent images of children.
The panel was clear that this could lead to pupils, whom he would come into contact with
on a daily basis in his role as a teacher, being exposed to or influenced by his behaviour
in a harmful way and that the attitudes revealed by the allegations found proven could
affect the way he carried out his teaching role.
For these reasons, the panel was satisfied that the conduct of Mr Heayes 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 Heayes was guilty of unacceptable
professional conduct. 13
In relation to whether Mr Heayesâ 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 Heayesâ
conduct displayed behaviours associated with any of the offences in the list that begins
on page 12 of the Advice.
As set out above in the panelâs findings as to whether Mr Heayes was guilty of
unacceptable professional conduct, the panel found that the offence of any activity
involving viewing, taking, making, possessing, distributing or publishing any indecent
photograph or image or pseudo photograph or image of a child, or permitting any such
activity, including one-off incidents was relevant.
The findings of misconduct are serious, and the conduct displayed would be likely to
have a negative impact on Mr Heayesâ status as a teacher.
The panel considered that Mr Heayesâ conduct could potentially damage the publicâs
perception of a teacher, and of Mr Heayes in particular. The panel considered that the
content which it had found proven, including that Mr Heayes had knowingly downloaded
files that he knew would be likely to contain indecent images of children would be
extremely disturbing for any pupil, parent or other in the community. The panel
considered that Mr Heayesâ actions were a long way below the high standards which the
public were entitled to expect of teachers.
For these reasons, the panel found that Mr Heayesâ actions 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/conduct that
may bring the profession into disrepute, it was necessary for the panel to go on to
consider whether it would be appropriate to recommend the imposition of a prohibition
order by the Secretary of State.
In considering whether to recommend to the Secretary of State that a prohibition order
should be made, the panel had to consider whether it would be an appropriate and
proportionate measure, and whether it would be in the public interest to do so. Prohibition
orders should not be given in order to be punitive, or to show that blame has been
apportioned, although they are likely to have punitive effect. 14
The panel had regard to the particular public interest considerations set out in the Advice
and, having done so, found a number of them to be relevant in this case, namely: the
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 Heayes, which involved possession of photos
and/or pseudo photographs of children and knowingly downloading files which he knew
would likely contain indecent images of children, there was a strong public interest
consideration in respect of the safeguarding and wellbeing of pupils.
Similarly, the panel considered that public confidence in the profession could be seriously
weakened if conduct such as that found against Mr Heayes were 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 Heayes 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 Heayes in the profession.
The panel took into account that it had been provided with no evidence of any previous
allegations or findings of wrongdoing.
Mr Heayes provided no evidence as to his ability as an educator.
The panel considered that the adverse public interest considerations above outweighed
any interest in retaining Mr Heayes in the profession, since his behaviour fundamentally
breached the standard of conduct expected of a teacher.
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 Heayes.
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, those that were relevant in this case were:
ď§ serious departure from the personal and professional conduct elements of the
Teachersâ Standards; 15
ď§ misconduct seriously affecting the education and/or safeguarding and well-being
of pupils, and particularly where there is a continuing risk;
ď§ any activity involving viewing, taking, making, possessing, distributing, or
publishing any indecent photograph or image, or indecent pseudo photograph or
image, of a child, or permitting such activity, including one-off incidents;
Even though some of the behaviour found proved in this case indicated that a prohibition
order would be appropriate, the panel went on to consider the mitigating factors.
Mitigating factors may indicate that a prohibition order would not be appropriate or
proportionate.
The panel had found on balance of probabilities that Mr Heayesâ actions in knowingly
downloading files which he knew would likely contain indecent images of children, were
deliberate.
There was no evidence that Mr Heayes was acting under extreme duress.
Mr Heayes did not demonstrate exceptionally high standards in his personal and
professional conduct or that he had contributed significantly to the education sector. The
panel had no evidence that the incidents were out of character.
Mr Heayes was given several opportunities to indicate what, if anything, he would do
differently in the future and to provide whatever evidence in mitigation he wished to
provide. Mr Heayes declined to provide any evidence of mitigation or remorse; rather
Mr Heayes maintained his innocence of any wrongdoing.
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 Heayes 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 Heayes. The fact that Mr Heayes had been found to have knowingly downloaded files
that would likely contain indecent images of children and the obvious safeguarding risks
arising from this as well as the need to maintain public confidence in the profession and
uphold appropriate standards were significant factors in forming that opinion.
Accordingly, the panel made a recommendation to the Secretary of State that a
prohibition order should be imposed with immediate effect. 16
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 case where, if relevant, the public
interest will have greater relevance and weigh in favour of not offering a review period.
One such type of case which the panel considered relevant was any activity involving
viewing, taking, making, possessing, distributing or publishing any indecent photograph
or image or indecent pseudo photograph or image of a child, including one off incidents.
The Advice also indicates that there are certain other offence types 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 were
engaged by the panelâs findings.
The panel again considered that it had found proven that Mr Heayes had knowingly
downloaded files that he knew would contain indecent images of children. The panel
noted that it did not consider Mr Heayes had provided any plausible explanation for this
including with regard to the search terms which he had utilised.
The panel noted that Mr Heayes had provided no evidence of insight or remorse or
mitigation, and the panel considered that the risk of repetition of the behaviour was on
the face of it a substantial one. The panel took into account that Mr Heayes had not
previously been accused of misconduct so far as it was aware.
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 provisions for a
review period.
Decision and reasons on behalf of the Secretary of State
I have given very careful consideration to this case and to the recommendation of the
panel in respect of both sanction and review period.
In considering this case, I have also given very careful attention to the Advice that the
Secretary of State has published concerning the prohibition of teachers.
In this case, the panel has found all of the allegations proven and found that those
proven facts amount to unacceptable professional conduct and conduct that may bring 17
the profession into disrepute. In this case, the panel has found allegation 1 partially
proven, I have therefore put those unproven matters entirely from my mind.
The panel has made a recommendation to the Secretary of State that Mr Michael Heayes
should be the subject of a prohibition order, with no provision for a review period.
In particular, the panel has found that Mr Heayes is in breach of the following standards:
ď§ 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
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
ď§ Teachers must have an understanding of, and always act within, the statutory
frameworks which set out their professional duties and responsibilities.
The panel finds that the conduct of Mr Heayes fell significantly short of the standards
expected of the profession.
The findings of misconduct are particularly serious as they include a finding which
involved possession of photos and/or pseudo photographs of children and knowingly
downloading files which Mr Heayes knew would likely contain indecent images of
children.
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 Heayes and the impact that will have
on the teacher, is proportionate and in the public interest. 18
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 Heayes, which involved possession of photos and/or pseudo photographs of
children and knowingly downloading files which he knew would likely contain indecent
images of children, 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 Heayes was given several opportunities to indicate what, if
anything, he would do differently in the future and to provide whatever evidence in
mitigation he wished to provide. Mr Heayes declined to provide any evidence of
mitigation or remorse; rather Mr Heayes maintained his innocence of any wrongdoing.â In
my judgement, the lack of evidence of insight or remorse 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 Heayes were not treated with the utmost seriousness when regulating the
conduct of the profession.â I am particularly mindful of the finding involving indecent
images of children 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 Heayes himself and the
panel comment;
âIn addition to the public interest considerations set out above, the panel went on to
consider whether there was a public interest in retaining Mr Heayes in the profession.
The panel took into account that it had been provided with no evidence of any previous
allegations or findings of wrongdoing.â 19
âMr Heayes provided no evidence as to his ability as an educator.â
A prohibition order would prevent Mr Heayes 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 following comments;
âThe panel noted that although the allegations took place outside the education setting,
they were relevant to Mr Heayesâ position as a teacher in that the panel had concluded
that he had been in possession of indecent images of children and had knowingly
downloaded files which he knew would likely contain indecent images of children.â
âThe panel was clear that this could lead to pupils, whom he would come into contact
with on a daily basis in his role as a teacher, being exposed to or influenced by his
behaviour in a harmful way and that the attitudes revealed by the allegations found
proven could affect the way he carried out his teaching role.â
I have also placed considerable weight on the finding that âThe panel decided that the
public interest considerations outweighed the interests of Mr Heayes. The fact that Mr
Heayes had been found to have knowingly downloaded files that would likely contain
indecent images of children and the obvious safeguarding risks arising from this as well
as the need to maintain public confidence in the profession and uphold appropriate
standards were significant factors in forming that opinion.â
I have given less weight in my consideration of sanction therefore, to the contribution that
Mr Heayes 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 evidence of
full insight or remorse, 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 Advice 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.
One such type of case which the panel considered relevant was any activity involving
viewing, taking, making, possessing, distributing or publishing any indecent photograph 20
or images or indecent pseudo photograph or image of a child, including one off
incidents.â
The panel has also said âThe panel noted that Mr Heayes had provided no evidence of
insight or remorse or mitigation, and the panel considered that the risk of repetition of the
behaviour was on the face of it a substantial one. The panel took into account that Mr
Heayes had not previously been accused of misconduct so far as it was aware.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 findings, the lack of evidence of either insight or remorse and 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 Michael Heayes 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 Heayes 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 Heayes has a right of appeal to the High Court within 28 days from the date he is
given notice of this order.
Decision maker: Sarah Buxcey
Date: 5 November 2025
This decision is taken by the decision maker named above on behalf of the Secretary of
State.
Loading comments...