Mr Paul Browning

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

Teacher's name: Mr Paul Browning

Teacher reference number: 955847

Teacher's date of birth: 20 July 1970

Location teacher worked: Solihull, West Midlands

Date of professional conduct panel: 20 June 2022

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 Paul Browning, formerly employed in Solihull, West Midlands.

Teacher misconduct

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Telephone 020 7593 5393

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

Mr Paul Browning: Professional conduct panel meeting outcome Panel decision and reasons on behalf of the Secretary of State for Education June 2022 2 Contents Introduction 3 Allegations 3 Preliminary applications 4 Summary of evidence 4 Documents 4 Statement of agreed facts 5 Decision and reasons 5 Findings of fact 6 Panel’s recommendation to the Secretary of State 8 Decision and reasons on behalf of the Secretary of State 11 3 Professional conduct panel decision and recommendations, and decision on behalf of the Secretary of State Teacher: Mr Paul Browning Teacher ref number: 9555847 Teacher date of birth: 20 July 1970 TRA reference: 18743 Date of determination: 20 June 2022 Former employer: Solihull Sixth Form College Introduction A professional conduct panel (‘the panel’) of the Teaching Regulation Agency (‘the TRA’) convened on 20 June 2022 by way of a virtual meeting, to consider the case of Mr Paul Browning. The panel members were Mr Paul McGrath (lay panellist – in the chair), Mrs Kelly Thomas (lay panellist) and Mrs Claire Haines (teacher panellist). The legal adviser to the panel was Ms 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 Browning that the allegation be considered without a hearing. Mr Browning 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, Ms Laura Hoiles of Capsticks Solicitors LLP, Mr Browning, or any representative for Mr Browning. The meeting took place in private by way of a virtual meeting. Allegations The panel considered the allegation set out in the notice of meeting dated 14 June 2022. It was alleged that Mr Browning was guilty of having been convicted of a relevant offence, in that: 1. On 13 November 2020, at Birmingham Magistrates’ Court, he was convicted of, between 01/01/2015 and 01/12/2017, ‘recorded another person doing a private act with the intention that you would, for the purpose of obtaining sexual gratification, 4 look at an image of that other person doing the act, knowing that the other person did not consent to your recording the act with that intention’, contrary to section 67(3) and (5) of the Sexual Offences Act 2003. Mr Browning admitted the facts of allegations 1 and that his behaviour amounted to a conviction of a relevant offence, as set out in the response to the notice of proceedings dated 21 October 2021 and in the statement of agreed facts signed by Mr Browning on 25 November 2021. Preliminary applications There were no preliminary applications. The panel noted that since the date of the referral to the TRA in this case, new ‘Teacher misconduct: Disciplinary procedures for the teaching profession’ were published in May 2020 (the ‘May 2020 Procedures’). The panel understands that the earlier provisions contained within the ‘Teacher misconduct: disciplinary procedures for the teaching profession’ updated in April 2018 (the ‘April 2018 Procedures’) apply to this case, given that those provisions applied when the referral was made. Although the panel has the power to direct that the May 2020 Procedures should apply in the interests of justice or the public interest, the panel had received no representations that this should be the case. For the avoidance of doubt, therefore, the panel confirms that it has applied the April 2018 Procedures in this case. Summary of evidence Documents In advance of the meeting, the panel received a bundle of documents which included: • Section 1: Chronology, identification key and list of key people – pages 1 to 7 • Section 2: Notice of referral, response and notice of meeting – pages 8 to 21 • Section 3: Statement of agreed facts and presenting officer representations – pages 22 to 26 • Section 4: Teaching Regulation Agency documents – pages 27 to 148 • Section 5: Teacher documents – pages 149 to 162 The panel members confirmed that they had read all of the documents within the bundle, in advance of the meeting. 5 Statement of agreed facts The panel considered a statement of agreed facts which was signed by Mr Browning on 25 November 2021. Decision and reasons The panel carefully considered the case and reached the following decision and reasons: In advance of the meeting, the TRA agreed to a request from Mr Browning for the allegation 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 Browning commenced his role as a teacher of art (graphic design) at Solihull Sixth Form College (‘the College’) on 1 September 1996. On 1 July 2015, the College invited Mr Browning to an investigation meeting following concerns of inappropriate behaviour and comments made during teaching sessions and assessment for learning and feedback that fell below the expected standard and led to poor achievement. The College held an investigatory meeting with Mr Browning on 9 July 2015. On 10 November 2015, the College held an informal meeting with Mr Browning following a parent complaint relating to coursework confidentiality, time management, quality of feedback and the assisting and preparing students for their university interviews. The College concluded that Mr Browning would continue to work with his Curriculum Leader and team to make the necessary improvements in such areas and that his work performance would be monitored by his Curriculum Leader on an ongoing basis. On 25 September 2019, Mr Browning was arrested by West Midland’s Police. Mr Browning provided statements to the police and admitted the offence of recording a female whilst she was showering in his house. The police confirmed that Mr Browning was being investigated for voyeurism. The police held a first and second investigatory interview with Mr Browning. The College was informed that Mr Browning had been arrested and that he was being held in custody. Mr Browning was suspended from the College with immediate effect. On 30 September 2019, Mr Browning resigned from his role at the College with immediate effect. A referral was made to the TRA by West Midlands Police. 6 Mr Browning emailed the College on 4 October 2019 to withdraw his resignation. On 7 October 2019, Person A and Person B provided statements to the police. The College declined Mr Browning’s request to withdraw his resignation and confirmed his last day of employment was 30 September 2019. The College held investigatory meetings on 18 and 21 of October 2019. The police held a third investigatory interview with Mr Browning on 22 January 2020. Mr Browning attended a disciplinary hearing on 6 February 2020. The panel concluded that Mr Browning’s conduct amounted to gross misconduct and therefore immediate termination of employment was deemed appropriate on the basis that he had brought the College and trust into disrepute and that there were serious child protection issues. The matter was referred to the TRA by the College, on 8 April 2019. Mr Browning was convicted of the offence of voyeurism – recording a person doing a private act, on 13 November 2020. Findings of fact The findings of fact are as follows: The panel found the following particulars of the allegations against Mr Browning proved, for these reasons: 1. On 13 November 2020, at Birmingham Magistrates’ Court, you were convicted of, between 01/01/2015 and 01/12/2017, ‘recorded another person doing a private act with the intention that you would, for the purpose of obtaining sexual gratification, look at an image of that other person doing the act, knowing that the other person did not consent to your recording the act with that intention’, contrary to section 67(3) and (5) of the Sexual Offences Act 2003. The panel considered the statement of agreed facts, signed by Mr Browning on 25 November 2021. In that statement of agreed facts, Mr Browning admitted the particulars of allegations 1. Further, it was admitted the facts of the allegations amounted to a conviction of a relevant offence. 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 necessarily implied by the conviction, unless exceptional circumstances apply. The panel did not find that any exceptional circumstances applied in this case. 7 The panel had been provided with a copy of the certificate of conviction from Birmingham and Solihull Magistrates Court, which detailed that Mr Browning had been convicted of recording another person doing a private act with the intention that he would, for the purpose of obtaining sexual gratification, look at an image of that other person doing the act, knowing that the other person did not consent to his recording of the act with that intention, contrary to section 67(3) and (5) of the Sexual Offences Act 2003. In respect of the allegations, Mr Browning was sentenced to 26 weeks’ imprisonment suspended for 24 months. In addition, Mr Browning must comply with the following requirements: a) a mental health treatment requirement; and 2) a rehabilitation activity requirement. Mr Browning was also ordered to pay £500 in compensation; to pay a victim surcharge of £128; to pay costs of £185 to the Crown Prosecution Service; and made subject to a collection order. Mr Browning was also sentenced to registration with the police in accordance with the Sexual Offences Act 2003 fr