Unknown Teacher

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

Teacher reference number:

0004369

Teacher's date of birth:

15 August 1978

Location teacher worked:

Suffolk, East England

Date of professional conduct panel:

24 February 2017

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 Toby Michael Kennedy, formerly employed in Suffolk, East England.

The proceedings were held at 53 to 55 Butts Road, Earlsdon Park, Coventry CV1 3BH at 9.30am on 24 February 2017.

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.

Mr Toby Michael Kennedy: Professional conduct panel outcome Panel decision and reasons on behalf of the Secretary of State for Education February 2017 2 Contents A. Introduction 3 B. Allegations 4 C. Preliminary applications 4 D. Summary of evidence 6 Documents 6 Witnesses 6 E. Decision and reasons 6 Panel’s recommendation to the Secretary of State 13 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 Toby Michael Kennedy Teacher ref number: 0004369 Teacher date of birth: 15 August 1978 NCTL case reference: 15125 Date of determination: 24 February 2017 Former employer: Ipswich High School for Girls, Suffolk A. Introduction A professional conduct panel (“the panel”) of the National College for Teaching and Leadership (“the National College”) convened on 24 February 2017 at 53 to 55 Butts Road, Earlsdon Park, Coventry CV1 3BH to consider the case of Mr Toby Michael Kennedy. The panel members were Mr Aftab Zia (teacher panellist – in the chair), Mr Colin Parker (teacher panellist) and Mrs Susan Iannantuoni (lay panellist). The legal adviser to the panel was Mr Delme Griffiths of Blake Morgan LLP, solicitors. The presenting officer for the National College was Ms Samantha Paxman of Browne Jacobson LLP, solicitors. Mr Kennedy was not present and was not represented. The hearing took place in public and was recorded. 4 B. Allegations The panel considered the allegations set out in the Notice of Proceedings dated 23 December 2016. It was alleged that Mr Kennedy was guilty of unacceptable professional conduct and/or conduct that may bring the profession into disrepute in that, whilst employed at Ipswich High School for Girls ("the School"): 1. He engaged in inappropriate behaviour in respect of Pupil A in that he: a. developed a friendship with her; b. exchanged messages with her, including via 'Snapchat'; c. gave her a lift in his car on one occasion or more; 2. His conduct 1a and/or 1b and/or 1c above breached the School's safeguarding policy and/or procedure. 3. His conduct at 1a and/or 1b and/or 1c above was sexually motivated. Mr Kennedy has admitted the facts of allegations 1 and 2. Mr Kennedy has also admitted that his conduct in relation to allegations 1 and 2 amounted to unacceptable professional conduct and/or conduct that may bring the profession into disrepute. There were no admissions in relation to allegation 3, which was denied. C. Preliminary applications Application to proceed in the absence of the teacher The panel considered an application from the presenting officer to proceed in the absence of Mr Kennedy. After hearing submissions from the presenting officer and receiving legal advice, the Chair announced the decision of the panel as follows: The panel is satisfied that the Notice of Proceedings has been sent in accordance with Rule 4.11 of the Teacher Misconduct: Disciplinary Procedures for the Teaching Profession. The panel has decided that the hearing should proceed in Mr Kennedy's absence for the following reasons: 5  Mr Kennedy has responded to the Notice of Proceedings and has specifically confirmed that he does not seek an adjournment.  Mr Kennedy consents to the hearing proceeding in his absence.  The panel has accordingly concluded that Mr Kennedy has voluntarily waived his right to attend.  There is no indication that Mr Kennedy might attend at a future date.  The panel is accordingly satisfied that no purpose would be served by an adjournment.  There is a public interest in hearings taking place within a reasonable time and the panel considered that it was also in Mr Kennedy's interests taking account of his circumstances.  Whilst Mr Kennedy has made reference to certain health issues, the panel noted that there is no medical evidence which indicated that Mr Kennedy was unable to attend the hearing because of his health. Taking all of these factors into account, the panel has decided to proceed with the hearing in the absence of Mr Kennedy. The panel will proceed with great care and caution and with close regard to the overall fairness of these proceedings, bearing in mind that Mr Kennedy is not present or represented. Application for the hearing to be held in private The panel considered a written request received from Mr Kennedy for the hearing to be held in private. After hearing submissions from the presenting officer and receiving legal advice, the Chair announced the decision of the panel as follows: The panel carefully con sidered the written request received from Mr Kennedy that the hearing take place in private. There is a presumption that hearings will take place in public and there is a legitimate public interest in the openness and transparency of these disciplinary procedures. This enables scrutiny and upholds public trust and confidence in the education profession. The panel has decided that this hearing should take place in public. 6 Having considered Mr Kennedy's request, the panel considered the public interest in these proceedings taking place in public outweighs Mr Kennedy's private interests. With reference to Mr Kennedy's comments in relation to his family, the panel considered his family were unlikely to be referred to during the course of the hearing. The panel also took into account the fact that the outcome of the hearing is to be announced in public in any event. D. Summary of evidence Documents In advance of the hearing, the panel received a bundle of documents which included: Section 1: Chronology and anonymised pupil list – pages 2 to 4 Section 2: Notice of Proceedings, Response and Statement of Agreed Facts – pages 5 to 21 Section 3: NCTL documents – pages 22 to 251 Section 4: Teacher documents – pages 252 to 259 The panel members confirmed that they had read all of the documents in advance of the hearing. Witnesses and Statement of agreed facts The panel did not hear any oral evidence. It was, however, provided with a statement of agreed facts dated 10 November 2016. On the basis of the admissions made by Mr Kennedy the National College for Teaching and Leadership resolved not to call Pupil A as a witness. E. Decision and reasons The panel announced its decision and reasons as follows: The panel has carefully considered the case before it and reached a decision. The panel confirms that it has read all the documents provided in the bundle in advance of the hearing. Mr Kennedy commenced employment at the School in September 2012. He worked part time as a music teacher and also provided individual instrument tuition to pupils under a peripatetic agreement. 7 On 9 September 2015 a Year 12 pupil at the School, Pupil A, raised a concern with the head of Sixth Form in relation to messages she stated had been sent to her by Mr Kennedy. A safeguarding referral was made that same day to the local authority and a strategy meeting was held on 14 September 2015. The matter was also referred to the police and on 15 September 2015 officers attended the School to arrest Mr Kennedy. Mr Kennedy was subsequently suspended and on 7 October 2015 the School commenced an internal investigation. At the conclusion of that investigation and following a disciplinary hearing on 9 November 2015, Mr Kennedy was dismissed for gross misconduct. On 18 December 2015 Mr Kennedy was notified by the police that no further action was being taken against him. Findings of fact Our findings of fact are as follows: The panel has found the following particulars of the allegations against you proven, for these reasons: 1. You engaged in inappropriate behaviour in respect of Pupil A, in that you: a. developed a friendship with her; This allegation was admitted by Mr Kennedy. Mr Kennedy accepts that he engaged in inappropriate behaviour in that he developed a friendship with Pupil A. The panel noted that during the course of his police interview on 15 September 2015 Mr Kennedy confirmed that he considered himself to be friends with Pupil A (page 70) and in a letter dated 11 May 2016 indicated that that he had discussed with Pupil A "the fact that we were more like 'friends'" (page 253). The evidence before the panel and the admissions made by Mr Kennedy indicated a relationship that went beyond what was appropriate as between a teacher and a pupil. The panel accordingly considered that Mr Kennedy's conduct was such that he behaved inappropriately and failed to maintain appropriate professional standards. In doing so he ignored School policy and failed to maintain appropriate professional boundaries. In light of the admission made and the evidence, the panel finds allegation 1(a) proven. b. exchanged messages with her, including via 'Snapchat'; This allegation was admitted by Mr Kennedy. 8 Mr Kennedy admits that he exchanged messages with Pupil A, including via Snapchat, on a daily basis. The panel carefully considered the content of the Snapchat messages included within the hearing bundle. The panel noted that the messages addressed matters which were not related to School business. It considered that both the circumstances of the exchange and the content of the messages were highly inappropriate and went very far beyond what was appropriate as regards communications between a teacher and a pupil. Accordingly, in light of the admission made and the evidence, the panel finds allegation 1(b) proven. c. gave her a lift in your car on one occasion or more Mr Kennedy admits that he gave Pupil A a lift in his car. This was a consequence of Pupil A's involvement in a School production of Alice in Wonderland. It was accepted that Mr Kennedy had collected her from a train station and/or took her home following a performance on at least one occas