Mr Thomas Heayel

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 Thomas Heayel

Teacher reference number: 1857413

Teacher's date of birth: 01 April 1991

Location teacher worked: Newquay, south west

Date of professional conduct panel: 24 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 Thomas Heayel, formerly employed in Newquay, south west.

Mr Thomas Heayel: Professional conduct panel meeting outcome Panel decision and reasons on behalf of the Secretary of State for Education June 2022 Contents Introduction 3 Allegations 4 Preliminary applications 4 Summary of evidence 4 Documents 4 Statement of agreed facts 5 Decision and reasons 5 Findings of fact 5 Panel’s recommendation to the Secretary of State 8 Decision and reasons on behalf of the Secretary of State 11 2 Professional conduct panel decision and recommendations, and decision on behalf of the Secretary of State Teacher: Mr Thomas Heayel Teacher ref number: 1857413 Teacher date of birth: 1 April 1991 TRA reference: 20187 Date of determination: 24 June 2022 Former employer: St Columb Minor Academy, Newquay Introduction A professional conduct panel (‘the panel’) of the Teaching Regulation Agency (‘the TRA’) convened on 24 June 2022 by way of a virtual meeting, to consider the case of Mr Thomas Heayel. The panel members were Ms Shamaila Qureshi (lay panellist – in the chair), Ms Hannah Fellows (lay panellist) and Mr Adrian Meadows (teacher 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 Heayel that the allegations be considered without a hearing. Mr Heayel provided a signed statement of agreed facts and admitted unacceptable professional conduct and/or conduct that may bring the profession into disrepute. The panel considered the case at a meeting without the attendance of the presenting officer, Mr Jacob Rickett of Capsticks solicitors, Mr Heayel or any representative for Mr Heayel. The meeting took place in private by way of a virtual meeting. 3 Allegations The panel considered the allegations set out in the notice of meeting dated 14 June 2022. It was alleged that Mr Heayel was guilty of unacceptable professional conduct and/or conduct that may bring the profession into disrepute in that, whilst employed as a full time primary school class teacher at St Columb Minor Academy (Part of the Kernow Learning MAT) (‘the School’): 1. Between 1 February 2020 and 31 July 2020 he posted or allowed to be displayed one or more inappropriate images of himself on the internet; and 2. Between 1 February 2020 and 31 July 2020 he posted or allowed to be displayed one or more images, messages and / or comments on the internet offering to sell sexual services. Mr Heayel admitted the facts of allegations 1 and 2 and that his behaviour amounted to unacceptable professional conduct and/or conduct that may bring the profession into disrepute, as set out in the response to the notice of referral signed on 21 February 2022 and in the statement of agreed facts signed by Mr Heayel on 7 April 2022. 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 list of key people – pages 3 to 4 • Section 2: Notice of referral, response and notice of meeting – pages 5 to 12 • Section 3: Statement of agreed facts and presenting officer representations – pages 13 to 19 • Section 4: Teaching Regulation Agency documents – pages 20 to 52 • Section 5: Teacher documents – pages 53 to 54 • Sensitive images bundle – pages 2 to 9 4 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 Heayel on 7 April 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 Heayel 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 Heayel commenced employment with the School on 1 September 2019. Between 1 February 2020 to 31 July 2020 Mr Heayel was alleged to have posted or allowed to be displayed, inappropriate images of himself on the internet and one or more images, messages and/or comments on the internet offering to sell sexual services. On 7 July 2021, the Local Authority Designated Officer (‘LADO’) identified concerns about Mr Heayel and contacted the School to make them aware of these. Mr Heayel was suspended from the School. On 23 July 2021, Mr Heayel was dismissed by the School. The matter was referred to the TRA on 28 July 2021. 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. Between 1 February 2020 and 31 July 2020 you posted or allowed to be displayed one or more inappropriate images of yourself on the internet; and 2. Between 1 February 2020 and 31 July 2020 you posted or allowed to be displayed one or more images, messages and / or comments on the internet offering to sell sexual services. 5 The panel noted that within both the response to the notice of referral, signed on 21 February 2022, and in the statement of agreed facts, signed by Mr Heayel on 7 April 2022, Mr Heayel admitted the facts of allegations 1 and 2. Mr Heayel admitted that inappropriate images of himself were posted on the internet together with images, messages and comments offering to sell sexual services. Further, Mr Heayel admitted that his actions amounted to unacceptable professional conduct and/or conduct that may bring the profession into disrepute. Notwithstanding this, the panel considered the evidence provided in the bundle and made its own determination based on the evidence available to it. The panel considered the evidence which contained screenshots of the images and noted that one image in particular contained Mr Heayel’s name. The panel further noted that the images contained wording offering to sell sexual services. The panel identified in the bundle there was evidence of several instances where Mr Heayel fully admitted his conduct and the posting / displaying of images, messages and/or comments on the internet offering to sell sexual services. This was supported by documentary evidence. The panel found allegations 1 and 2 proved. Findings as to unacceptable professional conduct and/or conduct that may bring the profession into disrepute Having found 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 ‘the Advice’. The panel was satisfied that the conduct of Mr Heayel in relation to the facts found proved, involved breaches of the Teachers’ Standards. The panel considered that, by reference to Part 2, Mr Heayel 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; • Teachers must have proper and professional regard for the ethos, policies and practices of the school in which they teach; and • Teachers must have an understanding of, and always act within, the statutory frameworks which set out their professional duties and responsibilities. 6 The panel was satisfied that the conduct of Mr Heayel fell significantly short of the standards expected of the profession. The panel considered whether Mr Heayel’s conduct displayed behaviours associated with any of the offences listed on pages 12 and 13 of the Advice. The panel found that none of these offences were relevant. The Advice indicates that where behaviours associated with such an offence exist, a panel is more likely to conclude that an individual’s conduct would amount to unacceptable professional conduct. The panel noted that the allegations took place outside of the education setting in that Mr Heayel was displaying images of himself and offering to sell sexual services on a website. The panel however considered that Mr Heayel’s conduct was relevant to his position as a teacher. In this regard, the panel specifically noted that Mr Heayel’s job description included setting “a good example though personal presentation and personal and professional conduct.” Whilst the panel had regard to the fact that there was no evidence presented that any pupils had seen or accessed the images online, the pan