Panel Outcome Decided: A professional conduct panel concluded its investigation on this case. See the details and full decision document below for the outcome.
Teacher Record Details
Teacher's Name
Mrs Janet Young
Teacher Reference Number
N/A
Date of Birth
N/A
Location Employed
Leicester, East Midlands
Professional Panel Date
7 March 2025
Agency Outcome Decision
No order made
Decision Published Date
27 March 2025
Panel Decision & Reasons Summary
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: Mrs Janet Young
Location Teacher worked: Leicester, East Midlands
Date of professional conduct panel: 7 March 2025
Outcome type: No order made
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 Mrs Janet Young formerly employed in Leicester, East Midlands
Full PDF Document Transcript Search
Mrs Janet Young:
Professional conduct
panel meeting outcome
Panel decision and reasons on behalf of the
Secretary of State for Education
March 2025
2
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
Panelâs recommendation to the Secretary of State 12
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: Mrs Janet Young
TRA reference: 23216
Date of determination: 7 March 2025
Former employer: Ellesmere College, Leicester
Introduction
A professional conduct panel (âthe panelâ) of the Teaching Regulation Agency (âthe
TRAâ) convened on 7 March 2025 by way of a virtual meeting, to consider the case of
Mrs Janet Young (âMrs Youngâ).
The panel members were Mrs Melissa West (teacher panellist â in the chair), Ms Jan
Stoddard (lay panellist) and Mr Chris Major (teacher panellist).
The legal adviser to the panel was Mrs Carly Hagedorn 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 Mrs Young that the allegations be
considered without a hearing. Mrs Young 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 Ms Laura Vignoles of Kingsley Napley LLP solicitors,
Mrs Young or her representative Miss Edmonds of the National Association of
Schoolmasters Union of Women Teachers (âNASUWTâ).
The meeting took place in private.
4
Allegations
The panel considered the allegations set out in the notice of meeting dated 21 February
2025.
It was alleged that Mrs Young was guilty of unacceptable professional conduct and/or
conduct that may bring the profession into disrepute, in that whilst working as a teacher
at Ellesmere College (âthe Schoolâ):
1. On or around 25 April 2023, she asked two Teaching Assistants, Person A, and
Person B, to amend and/or complete some missing elements of the OCR Maths
Structured Task for four pupils, namely;
a) Pupil A
b) Pupil B
c) Pupil E
d) Pupil L
2. Her conduct at paragraph 1:
a) Was dishonest; and/or
b) Lacked integrity.
Mrs Young admitted the facts of the allegations and that her conduct amounted to
unacceptable professional conduct and/or conduct that may bring the profession into
disrepute.
Preliminary applications
There were no preliminary applications.
Summary of evidence
Documents
In advance of the hearing, the panel received a bundle of documents which included:
Section 1: Chronology and list of key people â pages 4 to 5
Section 2: Notice of referral and response â pages 6 to 12
Section 3: Statement of agreed facts â pages 13 to 27 5
Section 4: Teaching Regulation Agency documents â pages 28 to 325
Section 5: Teacher documents â pages 326 to 327
In the consideration of this case, the panel had regard to the document Teacher
misconduct: Disciplinary procedures for the teaching profession 2020, (the âProceduresâ).
Statement of agreed facts
The panel considered a statement of agreed facts which was signed by Mrs Young on 1
January 2025.
Decision and reasons
The panel announced its decision and reasons as follows:
The panel carefully considered the case before it and reached a decision.
In advance of the meeting the TRA agreed to a request from Mrs Young 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.
Mrs Young was employed on permanent basis as a class teacher at the School from 24
August 2016. On 25 April 2023, it was reported by two members of staff (Person A and
Person B) that Mrs Young had instructed them to complete some missing aspects of the
OCR Maths Structured Task for the Entry Level Certificate in Mathematics whilst the
students were absent from the classroom. Person A and Person B proceeded to
complete missing elements of work for four students, Pupil A, Pupil B, Pupil E and Pupil
L. Person A and Person B alleged that Mrs Young had asked them to make it look like
the pupilsâ writing. Person A and Person B were not aware that the work that they were
asked to complete was subject to assessment conditions.
The School investigated the allegations and held a disciplinary hearing thereafter. Mrs
Young ceased employment at the School on 22 February 2024.
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: 6
1. On or around 25 April 2023, you asked two Teaching Assistants, Person A, and
Person B, to amend and/or complete some missing elements of the OCR Maths
Structured Task for four pupils, namely;
a) Pupil A
Mrs Young admitted this allegation.
The panel had sight of the statement of agreed facts signed by Mrs Young on 1 January
2025. The following statements were listed in the statement of agreed facts:
⢠âYou asked Person A to finish Pupil A's workâ
⢠âYou asked Person A to shade the graph for Pupil A's workâ
⢠âYou asked Person A to state what Pupil A's favourite tally wasâ
⢠âWhen Person A handed you work that she had completed on behalf of Pupil A
and/or Pupil E you asked her to make further changesâ
Mrs Young replied âYesâ to these statements.
The panel had sight of a written statement from Mrs Young dated 26 April 2023. The
panel noted that this statement was relevant to the allegations and was drafted in close
proximity to the incident.
Mrs Young stated that âI thought I had been reminded that the projects were due in on
24
th, (I've checked my email and it said the work needed to be completed by this date,
and I had until the 28th to hand them in.) I went into total panic mode as I did not have
another session with this class, or so I thought, I don't see the students on a Thursday
and Friday was an INSET day I had managed to get the other 2 groups to add their bits
to their work on Thursday.â
During the lesson, Pupil A was taken out of the class. Mrs Young said âI know it was
Pupil Aâs work that was amended, but I remember Person A said, is there anything I can
do? I believe I said No at that point, but I must have said okay later.â
Person A provided a statement dated 28 April 2023. Again, the panel noted that this
statement was relevant to the allegations and was drafted in close proximity to the
incident.
Person A stated that Mrs Young had said â'I'm going to have to ask you to do but can you
do it out of the way of the kids so they don't see'. She asked me to make the handwriting
the same as the students and asked me to do it in pencil and not pen as that's what the
students had used. That is when I knew this was wrong.â 7
The panel had sight of Pupil Aâs work and a statement from Pupil A dated 5 May 2023.
This statement was relevant to the allegations as it recorded Pupil Aâs account of how
much support was given by Mrs Young and her team. The statement was also made in
fairly close proximity to the incident. Pupil A stated âI didnât write the Ellesmere word
there. [Person B] did it. [Person B] drew some of the graph and told me, I drew some of it
but she finished it.â
The panel noted that the references to âPerson Bâ were applied as redactions over Pupil
Aâs statement. The panel considered that it was more likely that Person A had amended
the work, when considering Person Aâs statement.
When considering all of the evidence, the panel found allegation 1(a) proved.
b) Pupil B
Mrs Young admitted this allegation. The panel had sight of the statement of agreed facts
signed by Mrs Young on 1 January 2025. The following statements were listed in the
statement of agreed facts:
⢠âBy giving Person B the folders for Pupil B and Pupil L and saying "Oh just do it',
you were instructing her to complete work for both pupils
or
⢠allowing her to understand that this was your instructionâ
Mrs Young replied âYesâ to these statements.
Person B provided a statement dated 27 April 2023. Again, the panel noted that this
statement was relevant to the allegations and was drafted in close proximity to the
incident.
Person B stated âJan asked me are they done? I said no Pupil B had to leave but he's
only got a little bit left to do and she said they had to be in by lunchtime (I think) and then
I think she looked at them but at some point, she went "oh just do it" and I knew what
Pupil B was going to choose and why because we had had that conversation before. I
assumed this was to add the information in as Pupil B had already leftâ.
The panel had sight of Pupil Bâs work and a statement from Pupil B dated 5 May 2023.
This statement was relevant to the allegations as it recorded Pupil Bâs account of how
much support was given by Mrs Young and her team. The statement was also made in
fairly close proximity to the incident.
The panel noted the inconsistencies in handwriting style when reviewing Pupil Bâs work. 8
Pupil B stated âPerson B was with me, I wasn't with her all the time to do this page as I
missed the lesson for the [REDACTED] thing. I did the tables but I don't remember doing
the whole sheet but the day confused me because we had to leave and come back.â
When considering all of the evidence, the panel found allegation 1(b) proved.
c) Pupil E
Mrs Young admitted this allegation. The panel had sight of the statement of agreed facts
signed by Mrs Young on 1 January 2025. The following statements were listed in the
statement of agreed facts:
⢠âYou asked Person A to do Pupil E's tallyâ
⢠âWhen Person A handed you work that she had completed on behalf of Pupil A
and/or Pupil E you asked her to make further changesâ
Mrs Young replied âYesâ to these statements.
Person A stated in her statement dated 28 April 2023 that when she gave Pupil Eâs work
back to Mrs Young âshe said it didn't look like his writing. This was the tally chart page.
She said to add in 5 entries for Pupil E and to make them low numbers so it was easy for
him.â
Pupil Eâs tally chart which Person A referred to in her statement was not provided to the
panel. The panel had sight of Pupil Eâs other work and a statement from Pupil E dated 5
May 2023. This statement was relevant to the allegations as it recorded Pupil Eâs account
of how much support was given by Mrs Young and her team. The statement was also
made in fairly close proximity to the incident.
When referring to the prices page, Pupil E said âit's my handwriting but I had some help
because I didn't get it, I don't remember doing it all, I cant remember doing the working
out or how I got those answers.â
When considering all of the evidence, the panel found allegation 1(c) proved on the
balance of probabilities.
d) Pupil L
Mrs Young admitted this allegation. The panel had sight of the statement of agreed facts
signed by Mrs Young on 1 January 2025. The following statements were listed in the
statement of agreed facts:
⢠âBy giving Person B the folders for Pupil B and Pupil L and saying "Oh just do it',
you were instructing her to complete work for both pupils 9
or
⢠allowing her to understand that this was your instructionâ
Mrs Young replied âYesâ to these statements.
The panel had sight of the Schoolâs investigation notes with Mrs Young dated 20
September 2023. The panel considered that the notes were relevant as they addressed
the incident on 25 April 2023. No objection had been made to the inclusion of the notes
within the bundle of evidence. The panel noted that some months had passed before the
investigation, which may have impacted on the memory of Mrs Young. The panel took
this into account when assessing the weight to apply to these notes.
It was recorded in the Schoolâs investigation notes that Mrs Young âwas not aware of
Pupil Lâs work being adjusted.â
In the statement dated 27 April 2023, Person B said âPupil L was absent from school that
day. So, I did that one and then Pupil L - she had completed a graph and all she had to
do was write which was the favourite and I literally just put it on because I knew Pupil L
would do that anyway so I did that one. This was two words (Sport Relief or Comic Relief,
I can't remember which). She sent me away with both so I assumed I had to do both.â
The panel had sight of Pupil Lâs work where the words âcomic reliefâ were written at the
top of the page with the graph. The panel noted that this supported Person Bâs
statement.
On balance, the panel found allegation 1(d) proved.
2. Your conduct at paragraph 1:
a) Was dishonest; and/or
Mrs Young admitted that her conduct in allegation 1 was dishonest.
The panel needed to firstly ascertain subjectively the actual state of Mrs Youngâs
knowledge or belief as to the facts. Secondly, the panel needed to determine whether
Mrs Youngâs state of mind was honest or dishonest by the application of the objective
standards of the ordinary honest person.
The panel firstly turned its mind to the actual state of Mrs Youngâs knowledge or belief as
to the facts. The panel noted that Mrs Young had knowingly asked Person A and Person
B to amend and/or complete some missing elements of the OCR Maths Structured Task.
The panel noted that Mrs Young, as an experienced teacher, was aware of the specific
assessment conditions in respect of this course which she had been teaching for several
years. 10
The panel found that her actions would be regarded by the standards of ordinary, decent
people to be dishonest.
The panel found allegation 2(a) proved.
b) Lacked integrity.
Mrs Young admitted that her conduct in allegation 1 lacked integrity.
When considering lack of integrity, the panel recognised that this allegation connotes
adherence to the ethical standards of oneâs own profession that involves more than mere
honesty. It is linked to the manner in which the profession professes to serve the public.
The panel noted that Mrs Young had embroiled Person A and Person B into amending
and/or completing the pupilsâ work whilst under her direction and recognised Mrs Youngâs
actions impacted upon the pupils, colleagues and the School as a whole.
There was also unnecessary concern experienced by the pupils due to Mrs Youngâs
failure to adhere to the policy and procedures in respect of assessment conditions.
The panel considered that Mrs Youngâs behaviour did not adhere to the ethical standards
of a teacher and was in contrast to the manner in which the profession professes to serve
the public. The panel therefore found allegation 2(b) 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 had regard to the document Teacher misconduct: The prohibition
of teachers, which is referred to as âthe Adviceâ.
The panel first considered whether the conduct of Mrs Young, in relation to the facts
found proved, involved breaches of the Teachersâ Standards.
The panel considered that, by reference to Part 2, Mrs Young was in breach of the
following standards:
ď§ Teachers must have proper and professional regard for the ethos, policies and
practices of the school in which they teachâŚ
ď§ Teachers must have an understanding of, and always act within, the statutory
frameworks which set out their professional duties and responsibilities. 11
The panel was not satisfied that the conduct of Mrs Young, in relation to the facts found
proved, involved breaches of Keeping Children Safe In Education (âKCSIEâ).
The panel was not satisfied that the conduct of Mrs Young, in relation to the facts found
proved, involved breaches of Working Together to Safeguard Children.
The panel also considered whether Mrs Youngâs 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 panel recognised that exam and/or assessment conditions in education are
sacrosanct. It is of paramount importance to follow policy and procedures to ensure
consistent assessment conditions are maintained across the profession.
For these reasons, the panel was satisfied that the conduct of Mrs Young amounted to
misconduct of a serious nature which fell significantly short of the standards expected of
the profession.
Accordingly, the panel was satisfied that Mrs Young was guilty of unacceptable
professional conduct.
Disrepute
In relation to whether Mrs Youngâs actions amounted to conduct that may bring the
profession into disrepute, the panel took into account the way the teaching profession is
viewed by others. It 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 that they behave.
In considering the issue of disrepute, the panel also considered whether Mrs Youngâs
conduct displayed behaviours associated with any of the offences in the list that begins
on page 12 of the Advice.
As set out above in the panelâs findings as to whether Mrs Young was guilty of
unacceptable professional conduct, the panel found that none of these offences were
relevant.
The findings of misconduct are serious, and the conduct displayed would be likely to
have a negative impact on the individualâs status as a teacher.
The panel considered that Mrs Youngâs conduct could potentially damage the publicâs
perception of a teacher.
Again, the panel recognised the importance of following policy and procedures to ensure
consistent assessment conditions are maintained across the profession and found that 12
Mrs Youngâs conduct, which was found to be dishonest and lacking in integrity, was likely
to damage the publicâs perception of a teacher.
For these reasons, the panel found that Mrs Youngâs actions constituted conduct that
may bring the profession into disrepute.
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
maintenance of public confidence in the profession, declaring and upholding proper
standards of conduct and ensuring that prohibition strikes the right balance between the
rights of the teacher and the public interest.
In the light of the panelâs findings against Mrs Young, which involved a finding of
dishonesty and lack of integrity, the panel considered that public confidence in the
profession could be seriously weakened if conduct such as that found against Mrs Young
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
Mrs Young was outside that which could reasonably be tolerated.
In addition to the public interest considerations set out above, the panel went on to
consider whether there was a public interest in retaining Mrs Young in the profession.
The panel noted that there was a public interest consideration in retaining the teacher in
the profession, since no doubt had been cast upon her abilities as an educator. The
panel noted that Mrs Young had been employed by the School since 2016 and that Mrs
Young was not subject to any previous disciplinary actions. 13
The panel considered carefully the seriousness of the behaviour, noting that the Advice
states that the expectation of both the public and pupils, is that members of the teaching
profession maintain an exemplary level of integrity and ethical standards at all times.
In view of 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 Mrs Young.
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 list of such
behaviours, those that were relevant in this case were:
ď§ serious departure from the personal and professional conduct elements of the
Teachersâ Standards;
ď§ dishonesty or a lack of integrityâŚ
ď§ deliberate action in serious contravention of requirements for the conduct of an
examination or assessment leading to an externally awarded qualification or
national assessment (or deliberate collusion in or deliberate concealment of such
action) particularly where the action had, or realistically had the potential to have,
a significant impact on the outcome of the examination assessment;
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.
There was evidence that Mrs Youngâs actions were deliberate.
There was no evidence to suggest that Mrs Young was acting under extreme duress, e.g.
a physical threat or significant intimidation. During the schoolâs investigation interview on
20 September 2023, Mrs Young had stated that she was very stressed on the day of the
incident and had been confused about the deadline for the students completing work for
their qualification.
Mrs Young did have a previously good history. It was stated in the Schoolâs letter to Mrs
Young dated 9 February 2024, she âhad not been subject to any previous disciplinary
actionsâ. There was no evidence to suggest that Mrs Young has undertaken this type of
misconduct previously. The panel recognised that this was a one-off incident and
accepted that the incident was out of character.
The panel was not provided with any good character statements which attested to her
abilities as a teacher. 14
The panel acknowledged the numerous references to Mrs Youngâs [REDACTED] from
before, during and after this incident. The panel considered Mrs Youngâs statement dated
July 2024, which stated [REDACTED] The panel noted that there was no formal medical
evidence to support her statements in this regard.
The panel recognised that Mrs Young was in sustained employment with the School from
2016. The panel did not consider, based on the evidence available, that this incident was
premeditated and was more likely to have arisen out of concern for the imminent
deadline to submit the work of the pupils. The panel also recognised that some of the
pupils were taken out of Mrs Youngâs lesson at the last minute, without Mrs Youngâs prior
knowledge. There was no evidence to suggest that Mrs Young had done this on any
previous occasion.
In her statement dated 26 April 2023, Mrs Young said âI understand that what I allowed
was wrong, I cannot explain my actionsâŚ
[REDACTED]
It was recorded in the Schoolâs investigation interview notes with Mrs Young dated 20
September 2023 that âJan is horrified this has happened and apologies that the exam
board made the Yr11 students complete the project again. Jan has apologised to
[REDACTED] Jan cannot believe she let this happen.â
It was recorded in the Schoolâs notes from the appeal hearing dated 7 February 2024,
that âJan recognised the mistake and the dameaegh [sic]. Been open and honest and
has apologise and reflectedâŚ. Jan would just like to sya [sic] how sorry she is.â
The panel considered that this demonstrated a level of insight and remorse regarding her
conduct.
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,
the recommendation of no prohibition order would be both a proportionate and an
appropriate response. Given that the nature and severity of the behaviour were at the
less serious end of the possible spectrum and, having considered the mitigating factors
that were present, the panel determined that a recommendation for a prohibition order
would not be appropriate in this case. The panel considered that the publication of the
adverse findings it had made was sufficient to send an appropriate message to the
teacher as to the standards of behaviour that are not acceptable, and the publication
would meet the public interest requirement of declaring proper standards of the
profession.
15
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 sanction.
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 Mrs Janet Young
should not be the subject of a prohibition order. The panel has recommended that the
findings of unacceptable professional conduct and conduct likely to bring the profession
into disrepute should be published and that such an action is proportionate and in the
public interest.
In particular, the panel has found that Mrs Young is in breach of the following standards:
ď§ Teachers must have proper and professional regard for the ethos, policies and
practices of the school in which they teachâŚ
ď§ Teachers must have an understanding of, and always act within, the statutory
frameworks which set out their professional duties and responsibilities.
The panel finds that the conduct of Mrs Young fell significantly short of the standards
expected of the profession.
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 or conduct likely to 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 Mrs Young, and the impact that will have on the
teacher, is proportionate and in the public interest.
In this case, I have considered the extent to which a prohibition order would protect
children and safeguard pupils. Although Mrs Youngâs actions resulted in the exam board
requiring the pupils to complete the work again, the panel has noted that Mrs Youngâs
conduct did not involve breaches of âKeeping Children Safe In Educationâ or âWorking
Together to Safeguard Childrenâ. 16
I have also taken into account the panelâs comments on insight and remorse. The panel
has noted statements by Mrs Young during the schoolâs investigation, in which Mrs
Young acknowledged that she had made a mistake and apologised. The panel has
concluded that âthis demonstrated a level of insight and remorse regarding her conductâ.
I have therefore given this element 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 has observed that âMrs Youngâs conduct, which
was found to be dishonest and lacking in integrity, was likely to damage the publicâs
perception of a teacher.â I am particularly mindful of the finding of dishonesty and a lack
of integrity 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 or conduct likely to bring the profession into disrepute, 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 Mrs Young herself. The panel
has commented:
âMrs Young did have a previously good history. It was stated in the Schoolâs letter
to Mrs Young dated 9 February 2024, she âhad not been subject to any previous
disciplinary actionsâ. There was no evidence to suggest that Mrs Young has
undertaken this type of misconduct previously. The panel recognised that this was
a one-off incident and accepted that the incident was out of character.â
A prohibition order would prevent Mrs Young from teaching. A prohibition order would
also clearly deprive the public of her 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
mitigating factors including:
âThe panel recognised that Mrs Young was in sustained employment with the
School from 2016. The panel did not consider, based on the evidence available,
that this incident was premeditated and was more likely to have arisen out of
concern for the imminent deadline to submit the work of the pupils. The panel also
recognised that some of the pupils were taken out of Mrs Youngâs lesson at the 17
last minute, without Mrs Youngâs prior knowledge. There was no evidence to
suggest that Mrs Young had done this on any previous occasion.â
I have also placed considerable weight on the finding of the panel that âGiven that the
nature and severity of the behaviour were at the less serious end of the possible
spectrum and, having considered the mitigating factors that were present, the panel
determined that a recommendation for a prohibition order would not be appropriate in this
case.â
I have agreed with the panel that a prohibition order is not proportionate or in the public
interest. I consider that the publication of the findings made would be sufficient to send
an appropriate message to the teacher as to the standards of behaviour that were not
acceptable and that the publication would meet the public interest requirement of
declaring proper standards of the profession.
Decision maker: David Oatley
Date: 11 March 2025
This decision is taken by the decision maker named above on behalf of the Secretary of
State.
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