Full PDF Document Transcript Search
Mr Nicholas James
Heuvel: Professional
conduct panel outcome
Panel decision and reasons on behalf of the
Secretary of State for Education
July 2025
2
Contents
Introduction 3
Allegations 4
Summary of evidence 5
Documents 5
Witnesses 5
Decision and reasons 5
Findings of fact 9
Panelâs recommendation to the Secretary of State 11
Decision and reasons on behalf of the Secretary of State 15
3
Professional conduct panel decision and recommendations, and decision on
behalf of the Secretary of State
Teacher: Mr Nicholas James Heuvel
Teacher ref number: 9706190
Teacher date of birth: 1 April 1957
TRA reference: 20446
Date of determination: 15 July 2025
Former employer: Box Hill School, Surrey
Introduction
A professional conduct panel (âthe panelâ) of the Teaching Regulation Agency (âthe
TRAâ) convened on 15 July 2025 by way of a virtual hearing, to consider the case of Mr
Nicholas James Heuvel.
The panel members were Mrs Joanne Arscott (teacher panellist â in the chair), Mrs
Natalie Moore (teacher panellist) and Ms Emma Billings (lay panellist).
The legal adviser to the panel was Mrs Samantha Cass of Birketts LLP solicitors.
The presenting officer for the TRA was Mr Michael Bellis of Capsticks LLP solicitors.
Mr Heuvel was not present and was not represented.
The hearing took place in public and was recorded. 4
Allegations
The panel considered the allegations set out in the notice of proceedings dated 1 May
2025 (save for as amended at the start of the hearing, at allegation 3).
It was alleged that Mr Heuvel was guilty of unacceptable professional conduct and/or
conduct that may bring the profession into disrepute in that, while working as a teacher at
Box Hill School Trust Limited:
1. Between 7 January 2016 and 23 January 2018, he downloaded and/or were in
possession of up to 224 indecent images of children on his electronic device(s);
2. Between 22 October 2017 and 23 October 2017, to locate indecent images of
children, he used an internal search engine with the following phrases;
a) âLittle boy nudistsâ;
b) âyoung naturistsâ;
c) ânaked young ugoâ;
d) âyoung boy naturistâ;
e) âyoung boy bonerâ;
f) âyoung erectionâ;
g) âyoung boy nakedâ;
h) âyoung boy speedosâ;
3. On or around 30 September 2021, in respect of his conduct at allegation 1 above,
he accepted a simple police caution for:
a) Make indecent photograph/pseudo-photograph of a child on 23/01/2021 at
Dorking, Surrey UK made indecent photographs namely, 222 Category C
images of a child. Contrary to sections 1(1)(a) and 6 of the Protection of
Children Act 1978;
b) Make indecent photograph/pseudo-photograph of a child on 23/01/2021 at
Dorking, Surrey UK made an indecent photograph namely one Category B
image of a child. Contrary to sections 1(1)(a) and 6 of the Protection of
Children Act 1978;
c) Make indecent photograph/pseudo-photograph of a child on 23/01/2021 at
Dorking, Surrey UK made an indecent photograph namely a Category A 5
image of a child. Contrary to sections 1(1)(a) and 6 of the Protection of
Children Act 1978;
4. His conduct at allegations 1 and 2 was sexually motivated.
Mr Heuvel admitted allegations 1, 2(a), 2(b), 2(c), 2(d), 2(e), 2(f), 2(g), 2(h), 3(a), 3(b) and
3(c), and denied allegation 4, as set out in the statement of agreed facts, signed by Mr
Heuvel on 16 December 2024.
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 5
Section 2: Notice of proceedings and response â pages 6 to 14
Section 3: TRA documents â pages 15 to 80
Section 4: Teacher documents â page 81
Section 5: Statement of agreed facts â pages 82 to 86
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 2020 Procedures.
Witnesses
The TRA and Mr Heuvel did not call any witnesses to give evidence at the hearing.
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 Heuvel worked at Box Hill School Trust (the âSchoolâ) from 1 September 1997 and
resigned in 2017.
Images of children in picture format were found on a Samsung Galaxy Fame mobile
phone. 6
On 30 September 2021, Mr Heuvel accepted a simple police caution for:
⢠Make indecent photograph/pseudo-photograph of a child on 23/01/2021 at
Dorking, Surrey UK made indecent photographs namely, 222 Category C
images of a child. Contrary to sections 1(1)(a) and 6 of the Protection of
Children Act 1978;
⢠Make indecent photograph/pseudo-photograph of a child on 23/01/2021 at
Dorking, Surrey UK made an indecent photograph namely one Category B
image of a child. Contrary to sections 1(1)(a) and 6 of the Protection of
Children Act 1978;
⢠Make indecent photograph/pseudo-photograph of a child on 23/01/2021 at
Dorking, Surrey UK made an indecent photograph namely a Category A
image of a child. Contrary to sections 1(1)(a) and 6 of the Protection of
Children Act 1978;
On 7 December 2021, Mr Heuvel was referred to the TRA.
Findings of fact
The findings of fact are as follows:
1. Between 7 January 2016 and 23 January 2018, you downloaded and/or were
in possession of up to 224 indecent images of children on your electronic
device(s);
2. Between 22 October 2017 and 23 October 2017, to locate indecent images of
children, you used an internal search engine with the following phrases;
a) âLittle boy nudistsâ;
b) âyoung naturistsâ;
c) ânaked young ugoâ;
d) âyoung boy naturistâ;
e) âyoung boy bonerâ;
f) âyoung erectionâ;
g) âyoung boy nakedâ;
h) âyoung boy speedosâ; 7
The panel noted that Mr Heuvel admitted allegations 1, 2(a), 2(b), 2(c), 2(d), 2(e), 2(f),
2(g) and 2(h) as set out in the statement of agreed facts, signed by Mr Heuvel on 16
December 2024.
The panel considered the forensic digital report, which set out that suspected indecent
images of children in picture format were found on a Samsung Galaxy Fame mobile
phone.
The report set out that reports had been compiled to show the images found of
suspected indecent images of children, and that time and date stamps indicated between
22/10/2017 and 23/10/2017 a user accessed Microsoftâs âBingâ internet search engine
and searched for the following phrases:
⢠Little Boy Nudists
⢠Young naturists
⢠Naked young ugo
⢠Young boy naturist
⢠Young boy boner
⢠Young erection
⢠Young boy naked
⢠Young boy speedos
The panel considered the police occurrence log dated 8 December 2021, which attested
to the same searches as above.
The panel found allegations 1 and 2 proven.
3. On or around 30 September 2021, in respect of your conduct at allegation 1
above, you accepted a simple police caution for:
a) Make indecent photograph/pseudo-photograph of a child on 23/01/2021
at Dorking, Surrey UK made indecent photographs namely, 222
Category C images of a child. Contrary to sections 1(1)(a) and 6 of the
Protection of Children Act 1978;
b) Make indecent photograph/pseudo-photograph of a child on 23/01/2021
at Dorking, Surrey UK made an indecent photograph namely one
Category B image of a child. Contrary to sections 1(1)(a) and 6 of the
Protection of Children Act 1978; 8
c) Make indecent photograph/pseudo-photograph of a child on 23/01/2021
at Dorking, Surrey UK made an indecent photograph namely a Category
A image of a child. Contrary to sections 1(1)(a) and 6 of the Protection of
Children Act 1978;
The panel noted that Mr Heuvel admitted allegations 3(a), 3(b) and 3(c) as set out in the
statement of agreed facts, signed by Mr Heuvel on 16 December 2024.
The panel considered the certificate of caution, dated 30 September 2021. The caution
was accepted by Mr Heuvel and was for:
⢠Make indecent photograph/pseudo-photograph of a child on 23/01/2021 at
Dorking, Surrey UK made indecent photographs namely, 222 Category C
images of a child. Contrary to sections 1(1)(a) and 6 of the Protection of
Children Act 1978;
⢠Make indecent photograph/pseudo-photograph of a child on 23/01/2021 at
Dorking, Surrey UK made an indecent photograph namely one Category B
image of a child. Contrary to sections 1(1)(a) and 6 of the Protection of
Children Act 1978;
⢠Make indecent photograph/pseudo-photograph of a child on 23/01/2021 at
Dorking, Surrey UK made an indecent photograph namely a Category A
image of a child. Contrary to sections 1(1)(a) and 6 of the Protection of
Children Act 1978.
The panel noted the document Teacher Misconduct: The Prohibition of Teachers, which
is referred to as âthe Advice, which states that a caution establishes a clear admission of
guilt in relation to the offence.
The panel found allegation 3 proven.
4. Your conduct at allegations 1 and 2 was sexually motivated.
The panel noted that Mr Heuvel denied allegation 4, as set out in the statement of agreed
facts, signed by Mr Heuvel on 16 December 2024.
The panelâs attention was drawn to section 78 of the Sexual Offences Act 2003 and to
the cases of Sait v The General Medical Council [2018], Basson v General Medical
Council [2018] and The General Medical Council v Haris [2020].
The panel noted guidance from Basson v General Medical Council [2018] that: âA sexual
motive means that the conduct was done either in pursuit of sexual gratification or in
pursuit of a sexual relationshipâ. 9
The panel further noted that in General Medical Council v Haris [2021], it was stated that,
âIn the absence of a plausible innocent explanation for what he did, the facts spoke for
themselves. A sexual motive was plainly more likely than not; I would go so far as to say
that that inference was overwhelming.â
The panel therefore considered whether there was a plausible innocent explanation for
the conduct as found proven at allegations 1 and 2. The panel found no plausible
innocent explanation and found that Mr Heuvel was more likely than not, on the balance
of probabilities, to be seeking sexual gratification.
The panel concluded that on the balance of probabilities, and viewing the allegations
found proven as a whole, and in the absence of a plausible innocent explanation, Mr
Heuvelâs conduct as found proven at allegations 1 and 2 was sexually motivated. The
panel considered that the period of time within which Mr Heuvel was found to have
accessed these images was particularly relevant along with the lack of evidence
surrounding any attempts by Mr Heuvel to report the images that he accessed during this
period of time.
The panel found allegation 4 proven.
Findings as to unacceptable professional conduct and/or conduct that
may bring the profession into disrepute
Having found all 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 Heuvel, in relation to the facts
found proved, involved breaches of the Teachersâ Standards.
The panel considered that, by reference to Part 2, Mr Heuvel was in breach of the
following standards:
⢠Teachers uphold public trust in the profession and maintain high standards of
ethics and behaviour, within and outside school, by
o 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
⢠Teachers must have proper and professional regard for the ethos, policies
and practices of the school in which they teach, and maintain high
standards... 10
⢠Teachers must have an understanding of, and always act within, the statutory
frameworks which set out their professional duties and responsibilities.
The panel was satisfied that the conduct of Mr Heuvel, in relation to the facts found
proved, involved breaches of Keeping Children Safe In Education (âKCSIEâ).
The panel considered that Mr Heuvel was in breach of Para 145 which states as follows:
⢠possibly committed a criminal offence against or related to a child.
This part of the guidance is about managing cases of allegations that might indicate a
person would pose a risk of harm if they continue to work in regular or close contact with
children in their present position, or in any capacity. It should be used in respect of all
cases in which it is alleged that a teacher or member of staff (including volunteers) in a
school or college that provides education for children under 18 years of age.
The panel considered that Mr Heuvel was in breach of Part one: 2. Safeguarding and
promoting the welfare of children is everyoneâs responsibility. Everyone who comes into
contact with children and their families and carers has a role to play in safeguarding
children. In order to fulfil this responsibility effectively, all professionals should make sure
their approach is child-centred. This means that they should consider, at all times, what is
in the best interests of the child.
The panel was not satisfied that the conduct of Mr Heuvel, in relation to the facts found
proved, involved breaches of Working Together to Safeguard Children.
The panel also considered whether Mr Heuvelâs 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 also considered the potential dishonesty shown by Mr Heuvel in
terms of the lack of evidence surrounding any attempts by Mr Heuvel to report the
images that he accessed during the relevant time period. However, the panel noted that
there were no allegations of dishonesty.
The panel noted that allegations 1 and 2 could have taken place outside the education
setting. Despite this, the panel considered that Mr Heuvelâs actions were relevant to his
position as a teacher, in that he was viewing a significant number of indecent images of
children on his devices and searching for these images over a significant period of time. 11
For these reasons, the panel was satisfied that the conduct of Mr Heuvel 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 Heuvel was guilty of unacceptable
professional conduct.
In relation to whether Mr Heuvelâs 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 Heuvelâs
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 Heuvel 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 panel noted that the advice is not intended to be exhaustive and there may be other
behaviours that panels consider to be âconduct that may bring the profession into
disreputeâ. The panel considered the lack of any evidence of any attempts by Mr Heuvel
to report the images that he accessed and the fact that he would have known that he
needed to do this by virtue of his role in the teaching profession and associated
safeguarding training that he would have received as part of his teaching role.
The findings of misconduct are serious, and the conduct displayed would be likely to
have a negative impact on Mr Heuvelâs status as a teacher.
The panel considered that Mr Heuvelâs conduct could potentially damage the publicâs
perception of a teacher.
For these reasons, the panel found that Mr Heuvelâs 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 and conduct
that may bring the profession into disrepute, it was necessary for the panel to go on to 12
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.
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 maintenance of public confidence in the
profession; and declaring and upholding proper standards of conduct.
In light of the panelâs findings against Mr Heuvel which involved 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 and that this was sexually motivated, there was a strong public interest
consideration in the safeguarding and wellbeing of pupils and the protection of other
members of the public.
Similarly, the panel considered that public confidence in the profession could be seriously
weakened if conduct such as that found against Mr Heuvel was not treated with the
utmost seriousness when regulating the conduct of the profession.
The panel was of the view that a strong public interest consideration in declaring proper
standards of conduct in the profession was also present as the conduct found against Mr
Heuvel 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 Heuvel in the profession. The
panel found that there was no evidence of any public interest in retaining Mr Heuvel in
the teaching profession.
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 Heuvel.
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: 13
⢠serious departure from the personal and professional conduct elements of the
Teachersâ Standards;
⢠the commission of a serious criminal offence, including those that resulted in a
conviction or caution, paying particular attention to offences that are ârelevant
mattersâ for the purposes of the Police Act 1997 and criminal record
disclosures;
⢠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;
⢠failure to act on evidence that indicated a childâs welfare may have been at risk
e.g. failed to notify the designated safeguarding lead and/or make a referral to
childrenâs social care, the police or other relevant agencies when abuse,
neglect and/or harmful cultural practices were identified;
⢠failure in their duty of care towards a child, including exposing a child to risk or
failing to promote the safety and welfare of the children (as set out in Part 1 of
KCSIE);
⢠actions or behaviours thatâŚundermine fundamental British values of
democracy, the rule of lawâŚ;
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.
There was no evidence that Mr Heuvelâs actions were not deliberate. On the contrary, the
panel found that Mr Heuvelâs actions had been deliberate, in particular with regards to Mr
Heuvel viewing numerous indecent images of children across categories A to C over a
sustained period of time during which he had used numerous specific search terms in
order to access the indecent material.
There was no evidence to suggest that Mr Heuvel was acting under extreme duress.
Mr Heuvel did not provide any evidence that he had demonstrated exceptionally high
standards in his personal and professional conduct or that he had contributed
significantly to the education sector. The panel did not accept that the incident was out of
character and did not have any evidence that this was the case.
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. 14
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 Heuvel 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
Heuvel. The period of time with which Mr Heuvel used specific search terms in order to
access indecent images of children was a significant factor in forming that opinion along
with the risk of repetition which the panel considered was high due to Mr Heuvelâs lack of
insight and/or remorse into his actions and the impact that his actions had on children.
Accordingly, the panel made a recommendation to the Secretary of State that a
prohibition order should be imposed with immediate effect.
The panel went on to consider whether or not it would be appropriate for it to decide to
recommend a review period of the order. The panel was mindful that the Advice states
that a prohibition order applies for life, but there may be circumstances, in any given
case, that may make it appropriate to allow a teacher to apply to have the prohibition
order reviewed after a specified period of time that may not be less than 2 years.
The Advice indicates that there are certain types of case where, if relevant, the public
interest will have greater relevance and weigh in favour of not offering a review period.
One of these includes:
⢠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 types of cases where it is likely that
the public interest will have greater relevance and weigh in favour of a longer period
before a review is considered appropriate.
None of the listed characteristics were engaged by the panelâs findings.
The panel however noted that these lists are not intended to be exhaustive and panels
should consider each case on its individual merits taking into account all the
circumstances involved.
The panel noted that Mr Heuvel had not provided any evidence for mitigation and/or
insight into the impact that his conduct had had on children. Accordingly, the panel
considered that there was a significant risk of repetition by Mr Heuvel of his conduct
found proven. 15
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
the profession into disrepute.
The panel has made a recommendation to the Secretary of State that Mr Nicholas James
Heuvel should be the subject of a prohibition order, with no provision for a review period.
In particular, the panel has found that Mr Heuvel 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 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
⢠Teachers must have proper and professional regard for the ethos, policies
and practices of the school in which they teach, and maintain high
standards...
⢠Teachers must have an understanding of, and always act within, the statutory
frameworks which set out their professional duties and responsibilities.
The panel was satisfied that the conduct of Mr Heuvel involved breaches of the
responsibilities and duties set out in statutory guidance Keeping children safe in
education (KCSIE).
The panel finds that the conduct of Mr Heuvel fell significantly short of the standards
expected of the profession.
The findings of misconduct are particularly serious as they include a finding of
downloading and/or possessing indecent images of children. 16
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 Heuvel, and the impact that will have on the
teacher, is proportionate and in the public interest.
In this case, I have considered the extent to which a prohibition order would protect
children and safeguard pupils. The panel has observed:
âIn light of the panelâs findings against Mr Heuvel which involved 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 and that this was sexually motivated, there
was a strong public interest consideration in the safeguarding and wellbeing of
pupils and the protection of other members of the public.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 the lack of insight and remorse
shown by Mr Heuvel. The panel has said that âMr Heuvel had not provided any evidence
for mitigation and/or insight into the impact that his conduct had had on children.â In my
judgement, the lack of insight and 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 has observed:
âSimilarly, the panel considered that public confidence in the profession could be
seriously weakened if conduct such as that found against Mr Heuvel was not
treated with the utmost seriousness when regulating the conduct of the
profession.â
I am particularly mindful of the finding of accepting a police caution for making 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 17
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 Heuvel himself. The panel
has found no public interest in retaining Mr Heuvel in the profession and has commented:
âMr Heuvel did not provide any evidence that he had demonstrated exceptionally
high standards in his personal and professional conduct or that he had contributed
significantly to the education sector.â
A prohibition order would prevent Mr Heuvel from teaching. A prohibition order would
also clearly deprive the public of his contribution to the profession for the period that it is
in force.
In this case, I have placed considerable weight on the panelâs comments concerning the
serious nature of the misconduct found proven and the lack of insight or remorse. The
panel has commented:
âThe 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 Heuvel. The period of time with which Mr Heuvel used specific
search terms in order to access indecent images of children was a significant
factor in forming that opinion along with the risk of repetition which the panel
considered was high due to Mr Heuvelâs lack of insight and/or remorse into his
actions and the impact that his actions had on children.â
I have given less weight in my consideration of sanction therefore to the contribution that
Mr Heuvel 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 insight and 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. 18
The panel has noted that the Advice indicates that the public interest will weigh in favour
of not offering a review period where the misconduct includes 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.
I have considered the panelâs comments:
âThe panel noted that Mr Heuvel had not provided any evidence for mitigation
and/or insight into the impact that his conduct had had on children. Accordingly,
the panel considered that there was a significant risk of repetition by Mr Heuvel of
his conduct found proven.â
I have considered whether not allowing 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, 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 serious nature of the misconduct found proven, the lack 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 Nicholas James Heuvel 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 Heuvel 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 Heuvel has a right of appeal to the High Court within 28 days from the date he is
given notice of this order.
Decision maker: David Oatley
Date: 16 July 2025
This decision is taken by the decision maker named above on behalf of the Secretary of
State.
19
Loading comments...