Unknown Teacher

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

Teacher reference number:

0364964

Teacher's date of birth:

2 December 1981

Location teacher worked:

Reading, South East England

Date of professional conduct panel:

26 October 2016

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 Nicholas Grimshaw, formerly employed in Reading, South East England.

The proceedings were held at 53 to 55 Butts Road, Earlsdon Park, Coventry CV1 3BH at 9.30am on 26 October 2016.

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 Nicholas Grimshaw: Professional conduct panel outcome Panel decision and reasons on behalf of the Secretary of State for Education October 2016 2 Contents A. Introduction 3 B. Allegations 3 C. Preliminary applications 4 D. Summary of evidence 5 Documents 5 Witnesses 6 E. Decision and reasons 6 Panel’s recommendation to the Secretary of State 11 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 Nicholas (Nick) Marc Grimshaw Teacher ref number: 0364964 Teacher date of birth: 2 December 1981 NCTL case reference: 14528 Date of determination: 26 October 2016 Former employer: St Michael’s Primary School, Reading A. Introduction A professional conduct panel (“the panel”) of the National College for Teaching and Leadership (“the National College”) convened on 26 October 2016 at 53 to 55 Butts Road, Earlsdon Park, Coventry CV1 3BH to consider the case of Mr Nicholas (Nick) Marc Grimshaw. The panel members were Ms Alison Robb-Webb (teacher panellist – in the chair), Mr Mike Carter (teacher panellist) and Ms Susan Netherton (lay panellist). The legal adviser to the panel was Victoria Callicott of Eversheds LLP. The presenting officer for the National College was Mr Ben Chapman of Browne Jacobson LLP. Mr Nicholas (Nick) Marc Grimshaw was present and was represented by Ms Elaine Abbs, a solicitor of the National Union of Teachers. The hearing took place in public and was recorded. B. Allegations The panel considered the allegations set out in the Notice of Proceedings dated 27 September 2016. It was alleged that you, Mr Nicholas (Nick) Marc Grimshaw, are guilty of unacceptable professional conduct and/or conduct that may bring the profession into disrepute in that whilst employed as a teacher at St Michael’s Primary School, Reading you; 1. Accessed pornography websites on one or more occasions whilst connected to a school network, in particular: 4 a. Gayteenvideo.net; b. Gayboystube.com; 2. Made searches for pornography and/or other inappropriate material on one or more occasions whilst connected to a school network, in particular he used the following or similar keywords: a. ‘skipped school to fuck’; b. ‘gayboystube’; c. ‘very gay boys’; d. ‘twink sex’; e. ‘hot tube videos with nude teen boys’; f. ‘gayteen videos’; g. ‘fitlads dating’; h. ‘ladsforlads’. In the Statement of Agreed Facts signed by Mr Grimshaw on 27 July 2016, Mr Grimshaw admitted the facts giving rise to both allegations 1 and 2 and that such actions amounted to unacceptable professional conduct and/or conduct that may bring the profession into disrepute (p.24). Mr Grimshaw admitted the facts of the allegations at the hearing and wished to give mitigation evidence in person to the panel. This hearing is therefore proceeding as an admitted case. C. Preliminary applications The panel considered an application by Mr Grimshaw’s representative to admit the following additional documents: 1. A completed Notice of Proceedings Form, signed by Mr Grimshaw on 2 October 2016; 2. A signed copy of Mr Grimshaw’s witness statement dated 18 October 2016 (an unsigned copy of which appeared at p.450 to p.452); and 3. A personal reference letter from Mr Grimshaw’s line manager dated 25 October 2016. The panel considered whether to exercise its discretion under paragraph 4.18 to admit the documents previously mentioned which had not been submitted to the panel and the National College at least 4 weeks prior to the hearing. The panel noted that it may admit 5 any evidence, where it is fair to do so, which may reasonably be considered to be relevant to the case. The panel decided to admit the documents. The panel considered the matters raised in all documents to be relevant to the allegations. The panel is able to take into account issues relating to the provenance of documentation and the inability to cross-examine the authors of such evidence when assessing the weight to be attached to the documents. In respect of document 2, the panel notes that this is simply a signed copy of the witness statement it had already reviewed in the bundle. Further, when determining whether to admit the additional documents, the panel noted that there was no objection to the documents being submitted by the National College. On that basis, the panel considers it fair to admit the documents. The panel decided to: 1. replace the unsigned witness statement with the signed copy, which appears in the bundle at p.450 to p.454; 2. add the character reference dated 25 October 2016 at p.456 of the bundle; and 3. add the completed Notice of Proceedings Form dated 2 October 2016 at p.458 to p.464 of the bundle. D. Summary of evidence Documents In advance of the hearing, the panel received a bundle of documents which included: Section 1: Chronology and a list of key people – pages 2 to 4 Section 2: Notice of Proceedings and Response – pages 6 to 21 Section 3: A Statement of Agreed Facts – pages 23 to 25 Section 4: NCTL documents – pages 27 to 430 Section 5: Teacher documents – pages 432 to 454 The panel members confirmed that they had read all of the documents in advance of the hearing. In addition, the panel agreed to accept the following documents submitted by Mr Grimshaw’s representative at the hearing: 1. the signed witness statement of Mr Grimshaw dated 18 October 2016. The panel has replaced the unsigned copy which originally appeared in the bundle at p.450 to p.454; 6 2. a character reference dated 25 October 2016 from Mr Grimshaw’s current line manager which now appears at p.456 of the bundle; and 3. the completed Notice of Proceedings Form signed by Mr Grimshaw on 2 October 2016 at p.458 to p.464 of the bundle. The panel confirmed that it had read all of the additional documents listed above once it had determined to admit such documents Witnesses The panel heard oral evidence from Mr Grimshaw at the hearing. E. Decision and reasons The panel announced its decision and reasons as follows: The panel has carefully considered the case before it and has reached a decision. The panel confirms that it has read all the documents provided in the bundle in advance of the hearing and the documents submitted at the hearing once the panel had determined to admit the documents. Mr Nicholas (Nick) Marc Grimshaw began working at St Michael’s Primary School (the “School”) on 21 February 2005. On 27 January 2014, a concern was raised by a member of staff of the School about images found on School equipment belonging to year 6 pupils. The School had concerns about its internet filter settings which allowed the images to be obtained and undertook an internal investigation with the assistance of its IT provider. The School was subsequently made aware that, unrelated to the original concern raised, two web addresses “Gayteenvideos” and “Gayboytubes” had been accessed on School equipment repeatedly between November 2010 and January 2014. The School’s IT provider advised that the websites had been accessed remotely through the School’s network. According to the times that the websites were accessed, and the nature of other non-contentious searches undertaken around the same time, the School suspected that it was Mr Grimshaw who was accessing these websites on the School’s network. On 29 January 2014, the School contacted the CEOP who reviewed the websites and found that they contained images of young looking males. Mr Grimshaw’s School’s laptop was then searched but no inappropriate material was found. On 31 January 2014, the School held a strategy meeting with the LADO. The police were subsequently advised of the situation and they undertook an investigation. During February 2014, police seized electronic equipment (including laptops and mobiles) from Mr Grimshaw’s apartment and on 24 February 2014, he was suspended from his position at the School. The police investigation concluded on 11 September 7 2014 and a further LADO Strategy Meeting took place on 12 September 2014. Mr Grimshaw was informed by letter of the allegations being investigated by the School on 26 September 2014 and he was invited to attend an interview as part of that investigation. The School’s internal investigation took place between 6 October 2014 and 28 November 2014, with Mr Grimshaw’s interview taking place on 10 October 2014. A disciplinary hearing took place on 4 March 2015 and Mr Grimshaw was dismissed for misconduct on 30 April 2015. Findings of fact The panel’s findings of fact are as follows: The panel has found the following particulars of the allegations against you, Mr Grimshaw, proven, for these reasons: 1. Accessed pornography websites on one or more occasions whilst connected to a school network, in particular: a. Gayteenvideo.net; b. Gayboystube.com; In respect of allegation 1, the panel notes that Mr Grimshaw admits in the undated Notice of Referral Form that he accessed the websites referred to in allegation 1(a) and (1b) whilst unknowingly logged into the School’s gmail account (p.20). Mr Grimshaw also admits to viewing the websites in his oral evidence giv en to the panel at the hearing, in the Statement of Agreed Facts signed by Mr Grimshaw on 27 July 2016 (p. 24), in his contemporaneous replies to the Schools’ disciplinary process (p.383) and in his witness statement (p.450). In his witness statement, Mr G rimshaw again noted however that he did not intend to use the School’s gmail account to view the websites (p.450). The panel also notes that the DBS referral document records that the websi tes were accessed 675 times between November 2010 and January 2014 (p.35) and that Mr Grimshaw had admitted to the School that he had accessed several websites of a sex