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Mrs Linda Grainger
Professional conduct
panel outcome
Panel decision and reasons on behalf of the
Secretary of State for Education
September 2016
2
Contents
A. Introduction 3
B. Allegations 4
C. Preliminary applications 5
D. Summary of evidence 6
Documents 6
Witnesses 6
E. Decision and reasons 6
Panel’s recommendation to the Secretary of State 14
Decision and reasons on behalf of the Secretary of State 17
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Professional conduct panel decision and recommendations, and decision on
behalf of the Secretary of State
Teacher: Mrs Linda Grainger
Teacher ref number: 7667456
Teacher date of birth: 6 October 1957
NCTL case reference: 14625
Date of determination: 28 September 2016
Former employer: Queensway Infant and Nursery School, Thetford, Norfolk
A. Introduction
A professional conduct panel (“the panel”) of the National College for Teaching and
Leadership (“the National College”) convened on 26 to 28 September 2016 at 53 to 55
Butts Road, Earlsdon Park, Coventry CV1 3BH to consider the case of Mrs Linda
Grainger.
The panel members were Mr John Elliott (lay panellist – in the chair), Mr Chris Rushton
(lay panellist) and Mrs Kathy Thomson (teacher panellist).
The legal adviser to the panel was Mr Guy Micklewright of Blake Morgan LLP solicitors.
The presenting officer for the National College was Mr Peter Lownds of counsel.
Mrs Linda Grainger was not present and was not represented.
The hearing took place in public and was recorded.
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B. Allegations
The panel considered the allegations set out in the Notice of Proceedings dated 12 May
2016.
It was alleged that Mrs Linda Grainger is guilty of unacceptable professional conduct
and/or conduct that may bring the profession into disrepute in that whilst employed at
Queensway Infant and Nursery School, you:
1. Fraudulently completed, or was aware of the existence of, a fraudulently
completed application form for your daughter, Individual X, to take part in the Early
Years Teacher Training Programme
2. Failed to follow appropriate recruitment and selection processes in relation to your
daughter, Individual X in that:
a) Vacancies were not advertised
b) An opportunity to undertake the Psychotherapeutic Counselling Course was
not advertised
3. Inappropriately authorised increases to pay levels in relation to your daughter,
Individual X
4. Inappropriately authorised increases in hours in relation to your daughter,
Individual X
5. Inappropriately commissioned Individual Y to carry out decorating work at the
School
6. In relation to the financial management of the School you:
a) Failed to obtain second signatures for financial transactions
b) Failed to obtain prior approval from the Governing Body for expenditures
c) Inappropriately ordered stationery in January 2015
7. Your actions set out in paragraph 1 above were dishonest.
Mrs Grainger denies all of the allegations.
Mrs Grainger denies unacceptable professional conduct and conduct that may bring the
profession into disrepute. 5
C. Preliminary applications
The panel considered an application from the presenting officer to proceed in the
absence of Mrs Grainger.
The panel first considered whether it was satisfied that the Notice of Proceedings had
been served on the teacher. The panel was satisfied that the Notice was sent in sufficient
time, was in the correct format and, indeed, had been received by the teacher, who has
made detailed submissions through counsel.
The panel then considered whether to exercise its discretion to proceed in Mrs Grainger's
absence. The panel was satisfied that it was appropriate to do so. The panel had the
benefit of a letter dated 22 September 2016, drafted by counsel, setting out the reasons
why Mrs Grainger did not wish to attend the proceedings and, indeed, wished them to go
ahead in her absence. The panel noted that the teacher had made this decision with the
benefit of legal advice. Mrs Grainger had plainly waived her right to appear. In all the
circumstances of the case, and given that six witnesses are due to give evidence – four
being present and two are listed for tomorrow – the panel is satisfied that it would not be
in the public interest to adjourn the hearing.
The panel considered an application by the presenting officer to exclude part of the
evidence contained in the witness statement of Individual Z. Those parts of the statement
which the presenting officer submits are inadmissible, are objected to on the basis that
they are opinion evidence. The presenting officer submits that the opinion evidence given
is not evidence relating to matters which are outside the ordinary knowledge and
experience of lay persons and, in any event, Individual Z does not satisify the criteria for
an expert witness.
The panel is an experienced panel and well able to take account of that evidence which
can properly assist it and that which can not. The panel determined to admit the
statement of Individual Z into evidence. However, where Individual Z expresses his
opinion about matters which are matters for the panel alone – for example, the credibility
of witnesses – the panel will disregard it.
An application was made by the presenting officer to amend the allegation to withdraw
allegation 6.a). The panel agreed, given that the NCTL took the view that it was no longer
a proper allegation to bring against Mrs Grainger, that it was in the interests of justice to
make that amendment.
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D. Summary of evidence
Documents
In advance of the hearing, the panel received a bundle of documents which included:
Section 1: Chronology – pages 2 to 3
Section 2: Notice of Proceedings and response – pages 5 to 10
Section 3: NCTL witness statements – pages 23 to 45
Section 4: NCTL documents – pages 47 to 211
Section 5: Teacher documents – pages 45a to 45lll and 213 to 366
In addition, the panel agreed to accept the following:
Correspondence from Mrs Grainger's representatives – pages 367 to 373
The panel members confirmed that they had read all of the documents in advance of the
hearing.
Witnesses
The panel heard oral evidence from:
Witness A – Acting Deputy Headteacher
Witness B – Acting Headteacher
Witness C – Finance Officer
Witness D – Former Chair of Governors
Witness E – Vice-Chair of Governors
Witness F – Investigating Officer
E. Decision and reasons
The panel announced its decision and reasons as follows:
The panel has carefully considered the case before it and have reached a decision.
The panel confirms that it has read all the documents provided in the bundle in advance
of the hearing. 7
Mrs Grainger had been employed at Queensway Infant and Nursery School, Thetford,
since 1 January 2002 as acting headteacher before, after three months, being appointed
as headteacher.
The allegations against Mrs Grainger fall into four categories. Firstly, it is alleged that, in
what was a clear conflict of interest, Mrs Grainger employed her daughter, Individual X,
as a teaching assistant without undertaking the appropriate recruitment processes. The
favouritism shown to a family member went further, in that Mrs Grainger arranged for her
daughter's hours and pay to be increased, as well as providing her with an opportunity to
undertake a psychotherapeutic counselling course not offered to other staff. Secondly, it
is alleged that Individual X's partner, later husband, Individual Y, was inappropriately
engaged as a contractor to carry out decorating work at the school. It is said that
necessary tendering procedures were not followed because of his relationship with Mrs
Grainger's daughter. Thirdly, it is alleged that Mrs Grainger inappropriately ordered
approximately £10,000 worth of stationery, attemping to manipulate the invoices so that
none of them was in excess of the amount which would require the approval of the
school governors. Fourthly, it is alleged that Mrs Grainger forged the signature of the
deputy headteacher, Witness B, on an application form for Individual X to take part in an
'Early Years Teacher Training Programme' or, alternatively, that she was aware that it
was forged. It is the NCTL's case that, in either case, Mrs Grainger acted dishonestly.
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. Fraudulently completed, or was aware of the existence of, a fraudulently
completed application form for your daughter, Individual X, to take part in the
Early Years Teacher Training Programme
The panel finds this particular proved.
Mrs Grainger was involved in the creation of the 'line manager's supporting statement' on
the form. The panel accepted that, although the statement itself was that of Witness A,
the assistant headteacher, the handwriting was that of Mrs Grainger. The panel further
noted that Mrs Grainger accepts in her witness statement that she filled in the personal
information of Individual X. Therefore, on Mrs Grainger's own evidence, there was a time
when the form was in her possession. The panel accepted Witness B's evidence that her
signature on the form was not hers. There was no dispute that, prior to the date the form
was completed, Mrs Grainger had forged the signature of Witness D, the former chair of
governors, on school policies, albeit that Mrs Grainger asserts she did so with Witness
D's permission. Witness D denies that she gave such permission. 8
The evidence, as a whole, suggests that Mrs Grainger was anxious to appear to distance
herself from her daughter whilst actually being actively involved in her line management,
and signing the form in the name of Witness B would achieve this.
On the form itself, where Witness B and Witness A are given as referees, the email
contact given is "office@queensway-inf.norfolk.sch.org." However, in the 'payment of
fees/charges' section, where Witness B's name is put in the box entitled "Name of the
Line manager/person with authority to commit funding", the email address given is
"head@queensway-inf.norfolk.sch.uk." This is the same email address used by Mrs
Grainger on other documents. The purpose of using a different email address must have
been to avoid Witness B becoming aware that her name had been put down as the
person with authority to commit funding. The fact that the email address was Mrs
Grainger's suggests that it was she who forged Witness B's signature.
For all the above reasons, the panel concludes that, on the balance of probabilities, the
signature of Witness B was not only forged but that it was Mrs Grainger who forged it.
2. Failed to follow appropriate recruitment and selection processes in relation to
your daughter, Individual X in that:
a) Vacancies were not advertised
The panel finds this allegation proved. The panel considers that, when recruiting staff, it
was incumbent upon Mrs Grainger to follow appropriate procedures. It is clear to the
panel that there was a management need for a higher level teaching assistant (HLTA) to
be recruited to cover for an employee who had been suspended. According to the
evidence of Witness A, Witness B and Witness D, 25 hours per week of cover was
required to fill that role. The panel does not accept Mrs Grainger's characterisation of the
situation as an "emergency", nor does it accept that Witness A was unable to cope.
The panel was surprised that there was no evidence of any attempt being made to recruit
an HLTA. It would have been open to Mrs Grainger to attempt to recruit such a person
from a variety of sources, such as through a local authority pool or through an agency.
Instead, she immediately recruited her daughter, somebody without any teaching
qualifications or any significant teaching assistant experience. Her experience at that
time comprised only four terms as a 1:1 SEN teaching assistant between 2005 and 2010.
The panel accepts Witness B's evidence, supported by that of Witness A, that no proper
recruitment interview of Individual X was ever carried out. Moreover, Individual X was
only able to commit to 10 hours work per week. This was insufficient for the role. The 9
panel accepts Witness B's evidence that at that time teaching assistants were not hard to
recruit. Therefore, there may well have been other people with similar or better
experience and qualifications than Individual X who would have been able to undertake
the role on a full-time basis. In addition, no attempt was made after Individual X was
engaged to find another teaching assistant to provide the remaining 15 further hours
needed.
The panel considered that it may have been acceptable, on a short-term basis, to employ
Individual X to meet an urgent need if there were no more suitable candidates
immediately available. However, once it became clear that the role was to become
permanent, it was necessary for a full and proper recruitment process to be undertaken.
That did not happen.
The inescapable conclusion is that Individual X was recruited for a role for which she had
little experience, insufficient qualifications and an inability to work the hours required. The
panel concludes that the role was not advertised because Mrs Grainger inappropriately
favoured Individual X because she was her daughter.
b) An opportunity to undertake the Psychotherapeutic Counselling
Course was not advertised
The panel finds this particular proved. The course which Individual X was put forward for
was an 'Advanced Diploma in Psychotherapeutic Counselling'. In the panel's view, an
expensive course such as this needs to be advertised within the school in order to ensure
equality of opportunity among staff. It is said by Mrs Grainger that the reason why
Individual X was put forward for this advanced course was because, following an Ofsted
inspection in October 2014, it was identified that the School should do more with family
liaison and literacy. She says that the course was not advertised, as a counselling course
had been identified as part of Individual X's professional development needs.
The panel accepts the evidence of Witness D and Witness E, the former chair of
governors, that this course was not a specific Ofsted requirement. It is of note that
Individual X already had a psychology degree. In her witness evidence Individual X says,
"I discussed with Witness B how I was still aiming towards becoming a psychotherapist
as a long term goal."
Given the fact that Individual X was Mrs Grainger's daughter, it was incumbent on Mrs
Grainger to ensure that proper professional boundaries were rigorously maintained and
that there was no favouritism seen to be shown to her daughter. If it was the case that
the course was an appropriate one for a suitable member of staff to undertake, then it
was necessary for it to be advertised to all potentially suitable members of staff. To offer
that opportunity only to her daughter was inappropriate. 10
3. Inappropriately authorised increases to pay levels in relation to your daughter,
Individual X
The panel finds this allegation proved. Mrs Grainger's case is that she distanced herself
from the management of her daughter and that she passed that responsibility onto the
deputy head and the chair of governors. The panel does not accept that this was the
case. It accepted the evidence of Witness A and Witness B. Both gave evidence that
there was no consultation with them regarding pay. It was clear to the panel that Mrs
Grainger retained the sole responsibility for the pay and conditions of her daughter. The
panel also concludes that there was no consultation regarding pay with governors or the
local authority, who were, at best, simply presented with decisions which had already
been made and implemented by Mrs Grainger.
Individual X was due to go on maternity leave in October 2014. The panel was very
surprised to learn that a retention allowance was awarded with effect from 1 September
2014, which meant that she was paid at point 6 on the unqualified teachers pay range;
the maximum pay point for unqualified teachers.
The head of governors, Witness E, was unaware that Individual X was being paid that
allowance. In the panel's experience, the payment of such allowances is extremely rare
in schools.
The panel notes that all increases in Individual X's pay were initiated and implemented by
Mrs Grainger. This was contrary to the promises she had made to governors that she
would distance herself from the management of her daughter to avoid any conflict of
interest. The governors were under the impression that the deputy headteacher, Witness
B, would be responsible for managing Individual X's terms and conditions of employment.
Witness B knew nothing about this.
The panel notes that there was a newly qualified teacher in the school who had been
appointed before Individual X joined. Despite this, Individual X, who had no teaching
qualifications, was ultimately placed on the same pay scale point as her. Witness C gave
evidence that when she challenged this at a financial revision meeting she was told by
Mrs Grainger that, "it all depended on where you started". This is not a proper
justification.
It was clear to the panel that the only reason behind the highly unusual and
disproportionate increases to Individual X's pay was the flagrant favouritism Mrs Grainger
showed to her daughter.
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4. Inappropriately authorised increases in hours in relation to your daughter,
Individual X
The panel finds this allegation proved. The panel accepts there was a clear desire among
staff in the school for extra teaching assistant support. There was a justifiable
management need for either more teaching assistants or more hours being worked by
current staff. The panel accepts that there was support from the senior management
team for an increase in Individual X's hours because she was performing well in her initial
role. However, both Witness D and Witness E gave evidence that they had reservations
about the employment of Individual X. Witness D said, "I was totally against it; I
objected." Having been made aware of staff support from the senior management team,
she later dropped her objections.
The panel considers it was incumbent on Mrs Grainger to consider and explore
alternatives to increasing Individual X's hours. She did not do this. Furthermore, she did
not properly consult with governors and, once again, presented them with a decision that
had already been made.
5. Inappropriately commissioned Individual Y to carry out decorating work at the
School
The panel finds this allegation proved. Mrs Grainger, in considering Individual Y as a
potential contractor for the work he undertook, was in a position where she had a clear
conflict of interest. She knew that Individual Y was in a relationship with her daughter.
The panel noted that the address and the telephone number on the invoices sent to the
School by Individual Y was the same as Mrs Grainger's. In addition, the email address on
the invoices was that of Mrs Grainger's husband. The panel infers that Individual Y's
business was well known to Mrs Grainger.
Mrs Grainger should have delegated the task of commissioning the decorating work to,
for example, the deputy headteacher, in order that Individual Y's quotation could be
considered by somebody without any conflict of interest. The panel accepted the
evidence of Witness C, the School's finance officer and personal assistant to Mrs
Grainger, that the process of commissioning the work neither accorded with the School's
practice at that time nor with the requirements of the Local Education Authority. Verbal
rather than written quotes were taken from other contractors by Mrs Grainger, and she
appears to have actively promoted Individual Y. The inference the panel draws is that 12
Mrs Grainger engaged Individual Y because he was the partner of her daughter and she
manipulated the process to ensure that it was he who won the contract.
The panel does not accept Mrs Grainger's argument that this was acceptable just
because other members of staff's family may have been involved in the School. The
significant difference is that Mrs Grainger had the power to engage contractors whereas
other staff did not. That is where the conflict of interest lay.
6. In relation to the financial management of the School you:
b) Failed to obtain prior approval from the Governing Body for
expenditures
c) Inappropriately ordered stationery in January 2015
The panel finds these allegations proved. The 'Finance Policy 2014' makes plain that any
expenditure over £3,000 requires governing body approval. That policy also provides that
orders must not be artificially split in order to evade that requirement. It is axiomatic that
these requirements exist in order to ensure that the governing body can retain proper
oversight of the financial management of the school. Mrs Grainger ordered approximately
£10,000 ex VAT worth of stationery. There are five separate invoices. One of those
invoices exceed the £3,000 limit ex VAT. Mrs Grainger states in her witness statement
that she immediately informed the governors about it. However, it seems to the panel that
the governors were, in fact, informed by Witness C. The panel accepts her evidence that
she emailed governors to seek authorisation to pay that invoice.
The panel does not accept that a small infant school would require, let alone need, to
order £10,000 worth of stationery in one financial year. Furthermore, the panel does not
accept the reason given by Mrs Grainger that the five invoices reflected different budgets
for different departments. It is clear to the panel that the manner in which the stationery
was ordered was a calculated, albeit unsuccessful, attempt to avoid having to seek
governing body approval for the order.
7. Your actions set out in paragraph 1 above were dishonest.
The panel finds this particular proved. The panel considers that, a teacher forging the
signature of another teacher on an application form, particularly where it relates to the
obtaining of funding, is something which would be considered dishonest by the standards
of reasonable and honest people. The panel was further satisfied that, at the time at 13
which she forged Witness B's signature, Mrs Grainger knew that acting in that way was
dishonest.
Findings as to unacceptable professional conduct and/or conduct that
may bring the profession into disrepute
Having found a number of the allegations to have been proven, the panel has gone on to
consider whether the facts of those proven allegations amount to unacceptable
professional conduct and/or conduct that may bring the profession into disrepute.
In doing so, the panel has had regard to the document Teacher Misconduct: The
Prohibition of Teachers, which the panel refers to as “the Advice”.
The panel is satisfied that the conduct of Mrs Linda Grainger in relation to the facts found
proven, involved breaches of the Teachers’ Standards. The panel considers that by
reference to Part Two, Mrs Grainger is 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
teachers must have an understanding of, and always act within, the statutory
frameworks which set out their professional duties and responsibilities
The panel is satisfied that the conduct of Mrs Grainger fell significantly short of the
standards expected of the profession.
The panel has also considered whether Mrs Grainger’s conduct displayed behaviours
associated with any of the offences listed on pages 8 and 9 of the Advice.
The panel finds that the offence of fraud or serious dishonesty is relevant.
The Advice indicates that where behaviours associated with such an offence exist, a
panel is likely to conclude that an individual’s conduct would amount to unacceptable
professional conduct.
Mrs Grainger lost sight of her professional obligations and duties. She failed to maintain
proper professional boundaries, although she was aware they were required. She made
promises to the governing body that she did not keep. She plainly favoured her daughter,
offering her opportunities in terms of pay and progression that were not open to others,
and was dishonest in the pursuit of this. In short, the panel is satisfied she put family first;
school and the public purse second. 14
Accordingly, the panel is satisfied that Mrs Linda Grainger is guilty of unacceptable
professional conduct.
The panel has taken into account how 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 has taken account of the uniquely influential role that teachers can
hold in pupils’ lives and that pupils must be able to view teachers as role models in the
way they behave.
The panel considers that such egregious behaviour would be wholly damaging to the
reputation of the profession.
The panel therefore finds that Mrs Grainger's actions constitute conduct that may bring
the profession into disrepute.
Panel’s recommendation to the Secretary of State
Given the panel’s findings in respect of unacceptable professional conduct and conduct
that may bring the profession into disrepute, it is 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 has to consider whether it is an appropriate and proportionate
measure, and whether it is 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 has considered the particular public interest considerations set out in the
Advice and having done so has found a number of them to be relevant in this case,
namely the maintenance of public confidence in the profession and declaring and
upholding proper standards of conduct.
In light of the panel’s findings against Mrs Grainger, which involved dishonesty and
improper management of school finances, there is a strong public interest consideration
in declaring proper standards of conduct in the profession as the conduct found against
Mrs Grainger was outside that which could reasonably be tolerated.
The panel accepted evidence, both from governors and members of staff, that when
challenged Mrs Grainger "always had a plausible explanation" or avoided, ignored or
overruled any cricitism. Witness D, the chair of governors, said she was also bullied and
marginalised. The panel was clear that Mrs Grainger ran the School as her own personal
fiefdom. 15
Similarly, the panel considers that public confidence in the profession could be seriously
weakened if conduct such as that found against Mrs Grainger were not treated with the
utmost seriousness when regulating the conduct of the profession.
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, including taking into account the effect that this would have on Mrs Grainger.
In carrying out the balancing exercise the panel has considered the public interest
considerations both in favour of and against prohibition as well as the interests of Mrs
Grainger. 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 proven. In the list
of such behaviours, those that are relevant in this case are:
serious departure from the personal and professional conduct elements of the
Teachers’ Standards
misconduct seriously affecting the education and/or well-being of pupils
a deep-seated attitude that leads to harmful behaviour
abuse of position or trust (particularly involving vulnerable pupils) or violation of the
rights of pupils
dishonesty especially where there have been serious consequences, and/or it has
been repeated and/or covered up
sustained or serious bullying, or other deliberate behaviour that undermines
pupils, the profession, the school or colleagues
Even though there were behaviours that would point to a prohibition order being
appropriate, the panel went on to consider whether or not there were sufficient mitigating
factors to militate against a prohibition order being an appropriate and proportionate
measure to impose, particularly taking into account the nature and severity of the
behaviour in this case.
The panel acknowledges that Mrs Grainger has not had any previous disciplinary findings
made against her.
In the panel's view, there is no other mitigation in this case. The panel has carefully
considered the testimonials advanced on behalf of Mrs Grainger. In the panel's view, only
one of these testimonals contains relevant information, namely that provided by
Individual Z. The panel accepts that a number of her professional colleagues, outside the
school, considered her to be a competent headteacher.
Whilst the panel also notes that Mrs Grainger's husband was seriously ill in 2015, the
misconduct significantly predates this. 16
Throughout the school investigation Mrs Grainger went to great lengths to avoid
accepting responsibility for her clear shortcomings. In the documents submitted in
evidence by Mrs Grainger before the panel, at pages 213 to 224, described as 'Mrs
Grainger's Response Statement’, she says, "the only thing that I did not get right was not
going for a short term temporary contract then advertising but, in all honesty, the end
result would probably have been the same based on previous experience of trying to get
anybody suitable to apply for a job in Thetford schools. That is hardly an offence that
merits dismissal…".
In the panel's view, Mrs Grainger remains wholly unrepentant, lacks any insight into why
her conduct was unacceptable and the impact it had on teaching and learning, pupil
resources, and staff morale.
The panel is of the view that prohibition is both proportionate and appropriate. The panel
has decided that the public interest considerations outweigh the interests of Mrs
Grainger. The seriousness of Mrs Grainger's conduct and her lack of insight are
significant factors in forming that conclusion. Accordingly, the panel makes 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 for them to decide
to recommend that a review period of the order should be considered. The panel were
mindful that the Advice advises 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 proven, would militate against a
review period being recommended. One of these behaviours is fraud or serious
dishonesty. The panel has found that Mrs Grainger has been responsible for dishonestly
forging the signature of the deputy headteacher.
The panel felt 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 provision for a review period. The
conduct found proved amounted to serious dishonesty, and sustained and deliberate
financial mismanagement. Mrs Grainger has demonstrated no insight into her behaviour.
17
Decision and reasons on behalf of the Secretary of State
I have given very careful consideration to this case and to the recommendations made by
the panel in respect of sanction and review.
In this case the panel has found all the facts proven. In addition, the panel has found that
the facts amount to both unacceptable professional conduct and conduct that may bring
the profession into disrepute.
It is important to note that in this case the panel has also found dishonesty.
The panel has shown how Mrs Grainger is 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
teachers must have an understanding of, and always act within, the statutory
frameworks which set out their professional duties and responsibilities
I have also, like the panel, taken into account the Advice published by the Secretary of
State, which suggests that a prohibition order may be appropriate if certain behaviours of
a teacher have been proven. In the list of such behaviours, those that are relevant in this
case are:
serious departure from the personal and professional conduct elements of the
Teachers’ Standards
misconduct seriously affecting the education and/or well-being of pupils
a deep-seated attitude that leads to harmful behaviour
abuse of position or trust (particularly involving vulnerable pupils) or violation of the
rights of pupils
dishonesty especially where there have been serious consequences, and/or it has
been repeated and/or covered up
sustained or serious bullying, or other deliberate behaviour that undermines
pupils, the profession, the school or colleagues
I have taken into account the need to balance the interests of the teacher and the
interests of the public. I have also taken into account the need to be proportionate.
In this case, I have considered the recommendation of the panel with due care. I consider
that their recommendation is proportionate and I support it. Mrs Grainger should be
prohibited from teaching. 18
I have gone on to consider the matter of a review period. I have read the advice of the
panel with care and taken into account what they have said about mitigation and about
insight.
In my view the panel’s recommendation in respect of the review period also balances the
public interest and the interest of the teacher and is proportionate.
This means that Mrs Linda Grainger is prohibited from teaching indefinitely and
cannot teach in any school, sixth form college, relevant youth accommodation or
children’s home in England. Furthermore, in view of the seriousness of the allegations
found proved against her, I have decided that Mrs Linda Grainger shall not be entitled to
apply for restoration of her eligibility to teach.
This order takes effect from the date on which it is served on the teacher.
Mrs Linda Grainger has a right of appeal to the Queen’s Bench Division of the High Court
within 28 days from the date she is given notice of this order.
Decision maker: Alan Meyrick
Date: 30 September 2016
This decision is taken by the decision maker named above on behalf of the Secretary of
State.
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