Mr Rory Thorndyke

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

Teacher's name: Mr Rory Thorndyke

Teacher reference number: 1154466

Teacher's date of birth: 2 June 1986

Location teacher worked: East London, England

Date of professional conduct panel: 17 November 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 Rory Thorndyke, formerly employed in East London, England

Teacher misconduct

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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 Rory Thorndyke: Professional conduct panel meeting outcome Panel decision and reasons on behalf of the Secretary of State for Education November 2022 2 Contents Introduction 3 Allegations 4 Preliminary applications 4 Summary of evidence 5 Documents 5 Statement of agreed facts 5 Decision and reasons 5 Findings of fact 6 Panel’s recommendation to the Secretary of State 9 Decision and reasons on behalf of the Secretary of State 12 3 Professional conduct panel decision and recommendations, and decision on behalf of the Secretary of State Teacher: Mr Rory Thorndyke Teacher ref number: 1154466 Teacher date of birth: 2 June 1986 TRA reference: 19268 Date of determination: 17 November 2022 Former employer: Palmer Catholic Academy, Ilford Introduction A professional conduct panel (‘the panel’) of the Teaching Regulation Agency (‘the TRA’) convened on 17 November 2022 by way of a virtual meeting, to consider the case of Mr Rory Thorndyke. The panel members were Mr Clive Sentance (teacher panellist – in the chair), Mrs Patricia Hunt (former teacher panellist) and Mrs Shabana Robertson (lay panellist). The legal adviser to the panel was Mrs Rebecca Utton 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 Thorndyke that the allegations be considered without a hearing. Mr Thorndyke 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 Charlotte Blackbourn of Capsticks solicitors LLP, Mr Thorndyke or any representative for Mr Thorndyke. The meeting took place in private by way of a virtual meeting. 4 Allegations The panel considered the allegations set out in the notice of meeting dated 28 October 2022. It was alleged that Mr Thorndyke was guilty of having been convicted of a relevant offence, in that he was convicted at Snaresbrook Crown Court of the following relevant offences: 1) T wo counts of offender 18 or over engage in non-penetrative sexual activity with girl 13 to 15, contrary to the sexual offences Act 2003; 2) Two counts of offender 18 or over engage in penetrative sexual activity with a girl 13 to 15, contrary to the sexual offences Act 2003; 3) Four counts of adult abuse of position of trust - sexual activity with a girl 13-17 cared for in section 21 premises, contrary to the Sexual Offences Act 2003; and 4) Two counts of possess an indecent photograph / pseudo-photograph of a child. Mr Thorndyke admitted the facts of allegations 1, 2, 3 and 4 and that his behaviour amounted to a conviction of a relevant offence falling short of the standards of behaviour expected of a teacher, as set out in the statement of agreed facts signed by Mr Thorndyke on 12 June 2022. 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. 5 Summary of evidence Documents In advance of the meeting, the panel received a bundle of documents which included: • Section 1: Chronology, anonymised pupil list and list of key people – pages 3 to 5 • Section 2: Notice of referral, response and notice of meeting – pages 6 to 19 • Section 3: Statement of agreed facts and presenting officer representations – pages 20 to 26 • Section 4: TRA documents – pages 27 to 61 • Section 5: Correspondence with teacher – pages 62 to 68 The panel members confirmed that they had read all of the documents within the bundle, in advance of the meeting. Statement of agreed facts The panel considered a statement of agreed facts which was signed by Mr Thorndyke on 12 June 2022, and subsequently signed by the presenting officer on 27 June 2022. 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 Thorndyke 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. Mr Thorndyke commenced employment as a teacher at the Palmer Catholic Academy (‘the School’) on 2 July 2012. Mr Thorndyke was dismissed from his role at the S chool on 7 December 2018. On 17 March 2020, the LADO referred Mr Thorndyke to the TRA. On 16 October 2021, Mr Thorndyke was convicted at Snaresbrook Crown Court of 10 offences relating to his conduct with Pupil A. Mr Thorndyke was sentenced on 5 January 2021, at Snaresbrook Crown Court, to a prison sentence of 54 months. In addition, he was entered on the Sex Offenders Register 6 indefinitely, made subject to a Sexual Harm Prevention Order for 10 years, a Restraining Order for 5 years and ordered to pay a £170 Victim Surcharge. 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) Two counts of offender 18 or over engage in non-penetrative sexual activity with girl 13 to 15, contrary to the sexual offences Act 2003; 2) Two counts of offender 18 or over engage in penetrative sexual activity with a girl 13 to 15, contrary to the sexual offences Act 2003; 3) Four counts of adult abuse of position of trust - sexual activity with a girl 13-17 cared for in section 21 premises, contrary to the Sexual Offences Act 2003; and 4) Two counts of possess an indecent photograph / pseudo-photograph of a child. The panel considered the statement of agreed facts signed by Mr Thorndyke on 12 June 2022. In that statement of agreed facts, Mr Thorndyke admitted the particulars of allegations 1, 2, 3 and 4. 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. The panel had been provided with a copy of the certificate of conviction from Snaresbrook Crown Court, which detailed that Mr Thorndyke had been convicted of 10 offences relating to his conduct with Pupil A. This included: • Two counts of offender 18 or over engage in non-penetrative sexual activity with girl 13 to 15, contrary to the Sexual Offences Act 2003; • Two counts of offender 18 or over engage in penetrative sexual activity with a girl 13 to 15, contrary to the Sexual Offences Act 2003; • Four counts of adult abuse of position of trust – sexual activity with a girl 13-17 cared for in section 21 premises, contrary to the Sexual Offences Act 2003; and • Two counts of possess an indecent photograph / pseudo-photograph of a child. 7 In respect of the allegations, Mr Thorndyke was sentenced at Snaresbrook Crown Court on 5 January 2021 to a prison sentence of 54 months. In addition, he was entered on the Sex Offenders Register indefinitely, made subject to a Sexual Harm Prevention Order for 10 years and a Restraining Order for 5 years and ordered to pay a £170 Victim Surcharge. On examination of the documents before the panel, the panel was satisfied that the facts of the allegations were proven. Findings as to conviction of a relevant offence Having found the allegations proved, the panel went on to consider whether the facts of those proved allegations amounted to conviction of a relevant offence. In doing so, the panel had regard to the Advice. The panel was satisfied that the conduct of Mr Thorndyke, in relation to the facts it found proved, involved breaches of the Teachers’ Standards. The panel considered that by reference to Part 2, Mr Thorndyke 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 Treating pupils with dignity, building relationships rooted in mutual respect, and at all times observing proper boundaries appropriate to a teacher’s professional position o having regard for the need to safeguard pupils’ well-being, in accordance with statutory provisions o showing tolerance of and respect for the rights of others • Teachers must have proper and professional regard for the ethos, policies and practices of the school in which they teach; • Teachers must have an understanding of, and always act within, the statutory frameworks which set out their professional duties and responsibilities. The panel considered Mr Thorndyke’s conduct to be of the utmost seriousness and extremely grave. His behaviour was completely incompatible with the standards and behaviour expected of any member of the public, let alone a teache