Panel Decision & Reasons Summary
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 Peter Gittins
Teacher reference number: 7676134
Teacher's date of birth: 13 March 1947
Location teacher worked: Herefordshire, West Midlands
Date of professional conduct panel: 21 May 2021
Outcome type: prohibition order
Notice is hereby given that, in accordance with The Teacher'sâ Disciplinary (England) Regulations 2012, a professional conduct panel was convened to consider the case of Mr Peter Gittins, formerly employed in Herefordshire, West Midlands.
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.
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Mr Peter Gittins:
Professional conduct
panel outcome
Panel decision and reasons on behalf of the
Secretary of State for Education
May 2021
2
Contents
Introduction 3
Allegations 4
Preliminary applications 5
Summary of evidence 5
Documents 5
Statement of agreed facts 5
Decision and reasons 5
Findings of fact 6
Panelâs recommendation to the Secretary of State 10
Decision and reasons on behalf of the Secretary of State 13
3
Professional conduct panel decision and recommendations, and decision on
behalf of the Secretary of State
Teacher: Mr Peter Gittins
Teacher ref number: 7676134
Teacher date of birth: 13 March 1947
TRA reference: 18773
Date of determination: 21 May 2021
Former employer: Hereford Sixth Form College, Hereford
Introduction
A professional conduct panel (âthe panelâ) of the Teaching Regulation Agency (âthe
TRAâ) convened on 21 May 2021, remotely via Microsoft Teams, to consider the case of
Mr Peter Gittins.
The panel members were Ms Jo Palmer-Tweed (teacher panellist â in the chair), Ms
Elizabeth Walters (lay panellist) and Mr Zubair Hanslot (lay panellist).
The legal adviser to the panel was Mr Phil Taylor of Eversheds Sutherland (International)
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 Gittins that the allegations be
considered without a hearing. Mr Gittins provided a signed statement of agreed facts and
admitted unacceptable professional conduct and conduct that may bring the profession
into disrepute. The panel considered the case at a meeting without the attendance of the
presenting officer Ms Holly Quirk, Mr Gittins, or his representative Ms Victoria Rees.
The meeting took place in private, save for the announcement of the panelâs decision,
which was announced in public and recorded.
4
Allegations
The panel considered the allegations set out in the notice of meeting dated 30 April 2021.
It was alleged that Mr Peter Gittins was guilty of unacceptable professional conduct
and/or conduct that may bring the profession into disrepute, in that whilst employed
and/or prior to his employment at Hereford Sixth Form College he:
1. Between 2004 and 2010 failed to maintain professional boundaries and/or engaged
in an inappropriate relationship with Pupil A in that he on one or more occasions:
a. Text and/or called Pupil A;
b. Hugged Pupil A;
c. Met Pupil A after school;
d. Drove Pupil A in his car;
e. Went to Pupil Aâs home and/or invited Pupil A to his home;
f. kissed Pupil A on the head and/or lips and/or body;
g. touched Pupil A on the bottom and/or under her top and/or between her legs;
h. Masturbated Pupil A and/or allowed Pupil A to masturbate him;
i. engaged in oral sex and/or received oral sex from Pupil A;
j. had sexual intercourse with Pupil A;
k. bought and/or sent Pupil A a sex toy namely a âmidnight massagerâ.
2. Between 2004 and 2010 failed to maintain professional boundaries and/or engaged
in an inappropriate relationship with Pupil B in that he on one or more occasions:
a. Text and/or called Pupil B;
b. Hugged Pupil B;
3. His behaviour as may be found proven at 1 above was conduct of a sexual nature
and/or was sexually motivated.
Mr Gittins has admitted allegations 1.a â 1.k, and has accepted that between 2004 and
2010 he failed to maintain boundaries with Pupil A and engaged in an inappropriate
relationship. Mr Gittins has admitted allegations 2.a and 2.b and has accepted that he
failed to maintain appropriate boundaries with Pupil B and engaged in an inappropriate
relationship. Mr Gittins has admitted allegation 3 and admits that his conduct was in
pursuit of sexual gratification and a sexual relationship with Pupil A.
Mr Gittins has admitted that the facts of allegations 1, 2 and 3, which he has admitted,
amount to unacceptable professional conduct and conduct that may bring the profession
into disrepute. 5
Preliminary applications
There were no preliminary applications.
Summary of evidence
Documents
In advance of the meeting, the panel received a bundle of documents which included:
Section 1: Chronology and anonymised pupil list â page 2
Section 2: Notice of referral, response and Notice of meeting â pages 4 to 11b
Section 3: Statement of agreed facts and presenting officer representations â pages 13
to 20
Section 4: Teaching Regulation Agency witness statements â pages 22 to 30
Section 5: Teaching Regulation Agency documents, including police and LADO
documents â pages 32 to 99
Section 6: Teacher documents, including character references â pages 101 to 117
The panel members confirmed that they had read all of the documents within the bundle,
in advance of the meeting. In addition, during the meeting the panel was shown a video-
recorded âABEâ interview with Pupil A, conducted on 9 June 2019, which formed part of
Section 5 of the bundle.
Statement of agreed facts
The panel considered a statement of agreed facts which was signed by Mr Gittins on 10
March 2021.
Decision and reasons
The panel announced its decision and reasons as follows:
The panel carefully considered the case and reached a decision.
In advance of the meeting, the TRA agreed to a request from Mr Gittins for the
allegations to be considered without a hearing. The panel had the ability to direct that the
case be considered at a hearing if required in the interests of justice or in the public
interest. The panel did not determine that such a direction was necessary or appropriate
in this case. 6
Mr Gittins was employed at Hereford Sixth Form College (the âSchoolâ) as Head of Brass
between 1 September 2012 and 31 December 2014, and again from 20 August 2016 to
25 June 2019. In this role he taught one-to-one lessons to students who played brass
instruments and were studying A-Level music or were enrolled on the Schoolâs
instrumental scholarship programme. During the time of the alleged conduct, Mr Gittins
worked as a peripatetic tutor at a number of primary and secondary schools within the
local music service area.
Pupil A met Mr Gittins when she was a member of a youth concert band which he
conducted. Pupil A was a pupil at the School between 2005 and 2006 while she studied
for her A-Levels but was not taught by him then.
In 2018, [REDACTED], Pupil A made certain disclosures relating to Mr Gittins which
dated back to 2004 but did not relate to any period when he was working at the School.
Pupil A subsequently provided a written statement to the police, and was interviewed by
the police on 9 June 2019. The police investigated the matter but ultimately took no
further action. A LADO meeting was convened on 20 June 2019. On 25 June 2019, Mr
Gittins resigned from his position at the School with immediate effect.
Pupil B did not receive tuition from Mr Gittins at the School but was a member of
[REDACTED], and [REDACTED].
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:
Whilst employed and/or prior to your employment at Hereford Sixth Form College you:
1. Between 2004 and 2010 failed to maintain professional boundaries and/or
engaged in an inappropriate relationship with Pupil A in that you on one or more
occasions:
a. Text and/or called Pupil A;
This allegation was admitted and supported by evidence presented to the panel.
Although no text messages were provided in evidence, the panel noted in particular the
statement of agreed facts signed by Mr Gittins, as well as the video-recorded police
interview with Pupil A and consistent written statements from Pupil A provided in the
bundle. No evidence was provided which cast any doubt on the facts having taken place
as alleged. The allegation was therefore found proved.
b. Hugged Pupil A;
c. Met Pupil A after school; 7
d. Drove Pupil A in your car;
e. Went to Pupil Aâs home and/or invited Pupil A to your home;
f. Kissed Pupil A on the head and/or lips and/or body;
g. Touched Pupil A on the bottom and/or under her top and/or between her legs;
h. Masturbated Pupil A and/or allowed Pupil A to masturbate you;
These allegations were admitted and supported by evidence presented to the panel, in
particular the statement of agreed facts signed by Mr Gittins, as well as the video-
recorded police interview with Pupil A and consistent written statements from Pupil A
provided in the bundle. No evidence was provided which cast any doubt on the facts
having taken place as alleged. The allegations were therefore found proved.
i. engaged in oral sex and/or received oral sex from Pupil A;
In the signed statement of agreed facts, Mr Gittins admitted that he gave oral sex to Pupil
A. This was supported by the evidence provided by Pupil A. The panel also noted that
Pupil A had provided consistent compelling evidence, both video-recorded and written, to
support the allegation that Mr Gittins received oral sex from her. The allegation was
therefore found proved in its entirety.
j. had sexual intercourse with Pupil A;
The allegation was admitted and supported by evidence presented to the panel, notably
the statement of agreed facts signed by Mr Gittins, as well as other written evidence in
the bundle including the video-recorded police interview with Pupil A and her written
statements. No evidence was provided which cast any doubt on the facts having taken
place as alleged. The allegation was therefore found proved.
k. bought and/or sent Pupil A a sex toy namely a âmidnight massagerâ.
The allegation was admitted, although Mr Gittins could not recall the name of the specific
product, and supported by evidence presented to the panel, notably the statement of
agreed facts signed by Mr Gittins, as well as other evidence in the bundle including
accounts from Pupil A. No evidence was provided which cast any doubt on the facts
having taken place as alleged. The allegation was therefore found proved.
2. Between 2004 and 2010 failed to maintain professional boundaries and/or
engaged in an inappropriate relationship with Pupil B in that you on one or more
occasions:
a. Text and/or called Pupil B;
b. Hugged Pupil B; 8
The panel noted that it had not been provided with a statement from Pupil B. However,
the panel considered and gave weight to relevant elements of a detailed statement
provided by Pupil A. The panel also noted that no evidence had been provided which
would indicate that the events as alleged had not occurred. In addition, these allegations
were admitted by Mr Gittins in the signed statement of agreed facts. The allegations were
therefore found proved.
3. Your behaviour as may be found proven at 1 above was conduct of a sexual
nature and/or was sexually motivated.
The panel took time to consider whether, on the balance of probabilities, reasonable
persons would think the actions found proven at 1 could be sexual. The panel was satisfied
that this was the case. The descriptions of a number of the activities at 1 were, in the
panelâs view, plainly sexual.
The panel then asked itself whether, in all the circumstances of the conduct in the case, it
was more likely than not that Mr Gittinsâ purpose of such actions was sexual. The panel
again concluded that this was the case.
The panel carefully considered all the circumstances of the case, and determined that on
the balance of probabilities, sexual motivation on the part of Mr Gittins could be inferred.
The panel considered that it had been provided with strong evidence to support this
conclusion. This included that the allegation had been unequivocally admitted in full by
Mr Gittins in the signed statement of agreed facts, in which he agreed that his conduct in
relation to allegation 1 was conduct of a sexual nature and was sexually motivated. The
allegation was also supported by other evidence in the bundle, notably Pupil Aâs video-
recorded and written statements. The panel therefore found this allegation to be proved.
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 took account of its own knowledge, understanding and experience
of the teaching standards in 2004 to 2010. The panel noted that the current Teachersâ
Standards were not in place at the time the conduct occurred.
In the panelâs experience, it considers that Mr Gittinsâ behaviour would not have been
regarded as appropriate and that it fell far short of the standards expected of the
profession at the time, particularly the failure to maintain proper professional boundaries
with Pupils A and B, and the failure to safeguard pupilsâ wellbeing.
Although the conduct complained of, took place outside of a school setting where the
interactions might be less formal, the panel nonetheless took the view that Mr Gittins was 9
in a teaching role and therefore subject to the relevant standards and expectations for the
profession. The panel considered that Mr Gittins was in a position of trust and had a duty
of care towards Pupils A and B.
The panel also considered whether Mr Gittinsâ conduct displayed behaviours associated
with any of the offences listed on pages 10 and 11 of the current Teacher Misconduct:
the Prohibition of Teachers (âthe Adviceâ). The current Advice is relevant in that it
explicitly codifies professional standards and expectations at the time it was issued. 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. In this case, the panel found that the offence of sexual activity was relevant.
The panel also considered that Mr Gittinsâ conduct may have had the potential to expose
pupils to harm or influence them in a harmful way.
In addition, Mr Gittins was a very experienced teacher, with a career of more than 40
years, and should have been well aware of the conduct expected of him. Nevertheless he
behaved in an entirely inappropriate way with respect to two children under his care. The
panel noted that Mr Gittins has accepted that he breached boundaries and acceptable
standards.
Accordingly, the panel was satisfied that Mr Gittins is guilty of unacceptable professional
conduct.
The panel took into account the way the teaching profession is viewed by others and
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 they behave.
The findings of misconduct were serious and the conduct displayed would be likely to
have a negative impact on the individualâs status as a teacher, potentially damaging the
public perception. The panel considered that in some cases Mr Gittins had shown a
disregard of the risks to other children, as well as Pupils A and B, for example by way of
his conduct towards Pupil A during a coach trip while other pupils were nearby.
The panel therefore found that Mr Gittinsâ actions constituted conduct that may bring the
profession into disrepute.
Having found the facts of allegations 1, 2 and 3 proved, the panel further found that Mr
Gittinsâ conduct amounted to both unacceptable professional conduct and conduct that
may bring the profession into disrepute.
10
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
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
protection of pupils, the protection of other members of the public, the maintenance of
public confidence in the profession, and declaring and upholding proper standards of
conduct.
The panelâs findings against Mr Gittins involved failing to adhere to professional
boundaries and breaches of trust. The panel found there to be a strong public interest
consideration in respect of the protection of pupils particularly given the serious findings
of inappropriate conduct of a sexual nature relating to one of his pupils.
Similarly, the panel considered that public confidence in the profession could be seriously
weakened if conduct such as that found against Mr Gittins 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
Gittins was outside that which could reasonably be tolerated. The panel considered that,
whilst no doubt had been cast on Mr Gittinsâ ability as an educator, any interest in
retaining him in the profession is outweighed by his breach of the trust placed in him.
Notwithstanding 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 Gittins.
In carrying out the balancing exercise, the panel had regard to the public interest
considerations both in favour of, and against, prohibition as well as the interests of Mr
Gittins. 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
non-exhaustive list of such behaviours, those that are relevant in this case are:
ď§ serious departure from the personal and professional conduct elements of the
Teachersâ Standards; 11
ď§ misconduct seriously affecting the education and/or well-being of pupils, and
particularly where there is a continuing risk;
ď§ a deep-seated attitude that leads to harmful behaviour;
ď§ abuse of position or trust (particularly involving vulnerable pupils) or violation of the
rights of pupils;
ď§ sexual misconduct, for example, involving actions that were sexually motivated or of a
sexual nature and/or that use or exploit the trust, knowledge or influence derived from
the individualâs professional position;
In relation to the first point, the panel noted that it had found that Mr Gittinsâ conduct fell
far short of the standards expected of the profession at the time.
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.
It was noted that Mr Gittins had cooperated with the TRA including by making full
admissions. The panel took note of Mr Gittinsâ written mitigation and two references
provided by former colleagues.
However, there was no evidence to suggest that Mr Gittins was acting under duress, and,
in fact, the panel found his actions to be deliberate, calculated and motivated.
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 was sufficient would
unacceptably compromise the public interest considerations present in this case, despite
the potential severity of the consequences for Mr Gittins 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
Gittins despite the submissions which had been made in his support. The fact that Mr
Gittins had been in a position of trust and responsibility towards Pupil A and had
nevertheless embarked on a sexually motivated relationship with her was a significant
factor 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.
The panel went on to consider whether or not it would be appropriate to recommend that
a review period of the order should be considered. The panel was mindful that the Advice 12
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 behaviours that, if proved, would militate against the
recommendation of a review period. These behaviours include serious sexual
misconduct, such as where the act was sexually motivated and resulted in or had the
potential to result in, harm to a person or persons, particularly where the individual has
used his professional position to influence or exploit a person or persons. The panel had
found a number of allegations of sexual misconduct proven against Mr Gittins. The panel
noted that Pupil A had provided compelling and credible evidence of the way in which Mr
Gittins exploited his position and her vulnerability over a sustained period, in pursuit of a
sexual relationship, and the ongoing damage that Mr Gittinsâ behaviour has caused to
her. The panel additionally noted that it had been provided with evidence that it had been
alleged that Mr Gittins had made an inappropriate comment to another school pupil in
2010 and that a LADO investigation had taken place at that time. The panel took note of
comments made by the LADO that allegations against Mr Gittins involved âgrooming style
behavioursâ.
The panel considered written statements made by Mr Gittins and by his legal
representative on his behalf. The panel was unconvinced by Mr Gittinsâ expressions of
remorse and considered that he had not shown real insight into his behaviour and the
harm it had caused to Pupils A and B. The panel noted the comment that Mr Gittins had
not had specific safeguarding training at the time and that there was a lack of guidance
and support in relation to policies. The panel took note of the submissions made as to Mr
Gittinsâ mental health in the period prior to the incidents. However, the panel did not find
these points convincing when weighed against the seriousness of the conduct found
proven.
Accordingly, and despite Mr Gittinsâ statements that he had no intention of returning to
teaching, the panel was not satisfied that Mr Gittins would approach the situation
differently should he find himself in a similar situation in future.
The panel considered the two character references provided by former colleagues. While
these indicated that Mr Gittins is of good character and âupright and moralâ in his
dealings, and that no âcriticismâ or ânegative feedbackâ had been received about him, the
panel was not able to test this evidence and therefore gave this material less weight.
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. 13
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 Peter Gittins
should be the subject of a prohibition order, with no provision for a review period.
In particular, the panel has commented:
âIn the panelâs experience, it considers that Mr Gittinsâ behaviour would not have been
regarded as appropriate and that it fell far short of the standards expected of the
profession at the time, particularly the failure to maintain proper professional boundaries
with Pupils A and B, and the failure to safeguard pupilsâ wellbeing.â
The findings of misconduct are particularly serious as they include a finding of sexual
misconduct.
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 that may 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 Gittins, and the impact that will have
on him, is proportionate and in the public interest.
In this case, I have considered the extent to which a prohibition order would protect
children. The panel has, âfound there to be a strong public interest consideration in
respect of the protection of pupils particularly given the serious findings of inappropriate
conduct of a sexual nature relating to one of his 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, âThe panel was unconvinced by Mr Gittinsâ expressions of
remorse and considered that he had not shown real insight into his behaviour and the 14
harm it had caused to Pupils A and B. The panel noted the comment that Mr Gittins had
not had specific safeguarding training at the time and that there was a lack of guidance
and support in relation to policies. The panel took note of the submissions made as to Mr
Gittinsâ mental health in the period prior to the incidents. However, the panel did not find
these points convincing when weighed against the seriousness of the conduct found
proven.
Accordingly, and despite Mr Gittinsâ statements that he had no intention of returning to
teaching, the panel was not satisfied that Mr Gittins would approach the situation
differently should he find himself in a similar situation in future.â
In my judgement, the lack of full remorse and complete insight means that there is some
risk of the repetition of this behaviour and this puts at risk the future well-being 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 that it, âconsidered that public
confidence in the profession could be seriously weakened if conduct such as that found
against Mr Gittins were not treated with the utmost seriousness when regulating the
conduct of the profession.â
I am particularly mindful of the finding of sexual misconduct 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, 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 Gittins. I note the panelâs
comment, âWhile these indicated that Mr Gittins is of good character and âupright and
moralâ in his dealings, and that no âcriticismâ or ânegative feedbackâ had been received
about him, the panel was not able to test this evidence and therefore gave this material
less weight.â
A prohibition order would prevent Mr Gittins from teaching and 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
behaviour. The panel has said, âThe panel had found a number of allegations of sexual 15
misconduct proven against Mr Gittins. The panel noted that Pupil A had provided
compelling and credible evidence of the way in which Mr Gittins exploited his position
and her vulnerability over a sustained period, in pursuit of a sexual relationship, and the
ongoing damage that Mr Gittinsâ behaviour has caused to her. The panel additionally
noted that it had been provided with evidence that it had been alleged that Mr Gittins had
made an inappropriate comment to another school pupil in 2010 and that a LADO
investigation had taken place at that time. The panel took note of comments made by the
LADO that allegations against Mr Gittins involved âgrooming style behavioursâ.â
I have given less weight in my consideration of sanction therefore, to the contribution that
Mr Gittins 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 full remorse or complete
insight, 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 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 Gittins despite the submissions which had
been made in his support. The fact that Mr Gittins had been in a position of trust and
responsibility towards Pupil A and had nevertheless embarked on a sexually motivated
relationship with her was a significant factor in forming that opinion.â
I have considered whether allowing for a no 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, there are factors which mean that a no review prohibition
order is necessary and in the public interest. These factors are the seriousness of the
sexual misconduct and the lack of full remorse or complete insight.
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 Peter Gittins 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 Peter Gittins 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. 16
Mr Peter Gittins has a right of appeal to the Queenâs Bench Division of the High Court
within 28 days from the date he is given notice of this order.
Decision maker: Alan Meyrick
Date: 24 May 2021
This decision is taken by the decision maker named above on behalf of the Secretary of
State.
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