Prohibition Order Active: The Teaching Regulation Agency has issued a prohibition order for this teacher. This person is prohibited from carrying out teaching work in any school, sixth form college, relevant youth accommodation or childrenâs home in England.
Teacher Record Details
Teacher's Name
Mrs Maria Solera Marquez
Teacher Reference Number
19936
Date of Birth
21 January 1971
Location Employed
northwest, London
Professional Panel Date
25 April 2022
Agency Outcome Decision
prohibition order
Decision Published Date
25 May 2022
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 Maria Solera Marquez
Teacher reference number: 19936
Teacher's date of birth: 21 January 1971
Location teacher worked: northwest, London
Date of professional conduct panel: 25 April 2022
Outcome type: prohibition order
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 Maria Solera Marquez, formerly employed in northwest, London.
Full PDF Document Transcript Search
Mrs Maria Solera
Marquez: Professional
conduct panel meeting
outcome
Panel decision and reasons on behalf of the
Secretary of State for Education
April 2022
2
Contents
Introduction 3
Allegations 4
Preliminary applications 4
Documents 4
Statement of agreed facts 5
Findings of fact 5
Panelâs 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: Mrs Maria Solera Marquez
Teacher ref number: 0433143
Teacher date of birth: 21 January 1971
TRA reference: 19936
Date of determination: 25 April 2022
Former employer: The Village School, Kingsbury, London (the âSchoolâ)
Introduction
A professional conduct panel (âthe panelâ) of the Teaching Regulation Agency (âthe
TRAâ) convened on 25 April 2022 by video conference, to consider the case of Mrs Maria
Solera Marquez.
The panel members were Mr Paul Hawkins (teacher panellist â in the chair), Mrs Valerie
Purnell-Simpson (lay panellist) and Mr Paul Hawkins (lay panellist).
The legal adviser to the panel was Samuel Bumby 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 Solera Marquez that the
allegations be considered without a hearing. Mrs Solera Marquez provided a signed
statement of agreed facts and admitted unacceptable professional conduct and conduct
that may bring the profession into disrepute. The panel considered the case at a meeting
without the attendance of the presenting officer Matilda Heselton or Mrs Solera Marquez.
The meeting took place in private.
4
Allegations
The panel considered the allegations set out in the notice of meeting dated 5 April 2022.
It was alleged that Mrs Solera Marquez was guilty of unacceptable professional conduct
and/or conduct that may bring the profession into disrepute, in that whilst employed at
The Village School during the period September 2019 to October 2020:
1. On one or more occasions including on 22 October 2020 she:
a. used scissors as a behavioural management technique in order to get Pupil
A to comply with instructions despite knowing that:
i. Pupil A was scared of scissors and/or didnât like his hair being cut;
ii. Pupil A was vulnerable and/or non-verbal;
b. used Pupil B as a way to get Pupil A to comply with instructions by chasing
him and/or scaring him.
2. Her conduct at allegation 1a above was done without parental permission.
The teacher in a statement of agreed facts dated 22 February 2022 admitted allegations
1 and 2. Mrs Solera Marquez further admitted that the facts of the allegations amounted
to unacceptable professional conduct and conduct that may bring the profession into
disrepute.
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 anonymised pupil list â pages 2 to 3
Section 2: Notice of proceedings, response and notice of meeting â pages 5 to 15
Section 3: Statement of Agreed Facts and Presenting Officer Representations â pages
17 to 21
Section 4: Teaching Regulation Agency documents â pages 23 to 145
Section 5: Teacher documents â pages 147 to 159
The panel members confirmed that they had read all of the documents within the bundle,
in advance of the meeting. 5
Statement of agreed facts
The panel considered a statement of agreed facts which was signed by Mrs Solera
Marquez on 22 February 2022.
Decision and reasons
The panel announced its decision and reasons as follows:
The panel carefully considered the case and reached a decision.
In advance of the meeting, the TRA agreed to a request from Mrs Solera Marquez 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 Solera Marquez was employed as a teacher at the School during the period
September 2019 to February 2021. Following a report from a member of the Brent
special school nursing team on 23 October 2020 detailing her concerns about Mrs Solera
Marquezâs interactions with Pupil A, Mrs Solera Marquez was suspended whilst an
investigation was conducted by the School. Mrs Solera Marquez was dismissed from her
position at the School in February 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:
You are guilty of unacceptable professional conduct and/or conduct that may bring
the profession into disrepute, in that whilst employed at The Village School during
the period September 2019 to October 2020;
1. On one or more occasions including on 22 October 2020 you;
a. Used scissors as a behavioural management technique in order to get
Pupil A to comply with instructions despite knowing that:
i. Pupil A was scared of scissors and/or didnât like his hair being
cut;
ii. Pupil A was vulnerable and/or non-verbal;
b. Used Pupil B as a way to get Pupil A to comply with instructions by
chasing him and/or scaring him. 6
The allegations were admitted and were supported by evidence presented to the panel
within the bundle. In addition to the Statement of Agreed Facts referred to above the
panel also considered the investigation report by the School. There were statements and
evidence collated during the course of the investigation that was before the panel. In its
determinations the panel did not take into account any of the investigation findings.
The panel firstly considered allegation 1 (a). In the Statement of Agreed Facts, Mrs
Solera Marquez accepted that she used scissors as a behavioural management
technique in order to get Pupil A to comply with instructions on a number of occasions.
The panel also considered the evidence of those individuals who were interviewed as
part of the Schoolâs investigation. The panel found that there was evidence that the
scissors had been used as a behavioural management technique on more than one
occasion from multiple sources which were independent of each other.
The member of the Brent special school nursing team who reported the incident which
occurred on 22 October 2020 noted in her original email that Pupil A was due to be
weighed as part of his health review but was sitting on the ground outside the classroom
and refusing to cooperate. She went on to explain that âThe class teacher Maria then
came out with a pair of scissors in a chopping action towards [Pupil A], [Pupil A] got up
as he seen the scissors as he appeared scared and ran into the classroom.â This
statement was corroborated by interviews with another member of the Brent special
school nursing team and another teacher at the School who witnessed the incident. In
her interview, Mrs Solera Marquez said the scissors were sometimes used as âa tool for
[Pupil Aâs] personal and best interestsâ.
The panel considered the context of the use of scissors with Pupil A. The evidence
demonstrated that Pupil A did not like getting his hair cut as he did not like his hair to be
touched, and that Pupil Aâs mother had given verbal permission for the School to trim his
hair whilst he was engaged in an activity. This was known by Mrs Solera Marquez who
had used scissors to cut Pupil Aâs hair in this way. The panel found that Pupil A was
scared of scissors being used to cut his hair but that there was not sufficient evidence to
find that Pupil A was scared of scissors per se.
The panel also found that Mrs Solera Marquez knew that Pupil A was vulnerable and/or
non-verbal, given Mrs Solera Marquez was his teacher and that the School caters for
children with special educational needs.
Having considered the evidence in the bundle, the panel determined that this was not an
isolated incident and that the use of scissors as a behaviour management technique had
happened on more than one occasion. In addition to Mrs Solera Marquezâs admission in
the Statement of Agreed Facts, [redacted] who was in Mrs Solera Marquezâs classroom
during 2019 told his interviewer that he saw Mrs Solera Marquez use the scissors as a
behaviour management technique with Pupil A on âmultiple occasionsâ. Mrs Solera
Marquez told the interviewer that the scissors were used âa couple of times a dayâ. 7
On balance the panel found the facts proven in relation to allegation 1 (a).
The panel then considered allegation 1 (b). In the Statement of Agreed Facts, Mrs Solera
Marquez accepted that on more than one occasion, including on 22 October 2022, she
used Pupil B as a way to get Pupil A to comply with instructions by using Pupil B to chase
and scare Pupil A. Mrs Solera Marquez acknowledged that Pupil B was a vulnerable
pupil and also non-verbal, and that Pupil B can be a violent pupil who wears a helmet to
protect [redacted].
The panel also considered the evidence of those individuals who were interviewed as
part of the Schoolâs investigation. The panel found that there was evidence that Pupil B
had been used as a way to get Pupil A to comply with instructions by chasing him and/or
scaring him.
The member of the Brent special school nursing team who originally reported the
allegation told the interviewer that on 22 October 2020, Mrs Solera Marquez had asked a
teaching assistant to bring Pupil B to the medical room with Pupil A, who was being
weighed. The nurse stated that Mrs Solera Marquez told her that â[Pupil A] was afraid of
[Pupil B] that was brought to chase him, but that she was trying to encourage them to be
friends. [Pupil A] may have been scared by that studentâ. The teaching assistant in
question told the interviewer that bringing Pupil B inside was an attempt to calm her
down. Mrs Solera Marquez told the interviewer that she did ânot think there is anything
wrongâ with getting Pupil B to chase Pupil A because they were friends. This was not
however corroborated by any of the other interviewees.
The panel determined that this was not an isolated incident and that the use of Pupil B as
a way to get Pupil A to comply with instructions had happened on more than one
occasion. In addition to Mrs Solera Marquezâs admission in the Statement of Agreed
Facts, the panel found that Mrs Solera Marquezâs comment in her interview that the use
of Pupil B was âpart of a strategy, as something that worksâ indicated that this had
happened on more than one occasion.
On balance the panel found the facts proven in relation to allegation 1 (b).
2. Your conduct at allegation 1a above was done without parental permission.
The panel then considered allegation 2. The allegation was admitted and was supported
by evidence presented to the panel within the bundle.
In the Statement of Agreed Facts, Mrs Solera Marquez accepted that she was not given
permission by Pupil Aâs parents to use scissors as a behavioural management technique.
The panel also considered the evidence of those individuals who were interviewed as
part of the Schoolâs investigation. The panel found that there was evidence that Mrs
Solera Marquezâs conduct in respect of Pupil A was done without parental permission.
The School Deputy Safeguarding Lead told the interviewer that she had received verbal 8
permission to trim Pupil Aâs hair from Pupil Aâs mother but not to use them as a behaviour
management technique. There was no evidence in the bundle which suggested that Pupil
Aâs parents had given permission for Mrs Solera Marquez to use Pupil B as a way to get
Pupil A to comply with instructions.
On balance the panel found the facts proven in relation to allegation 2.
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 âthe Adviceâ.
Unprofessional Conduct
The panel was satisfied that the conduct of Mrs Solera Marquez, in relation to the facts
found proved, involved breaches of the Teachersâ Standards. The panel considered that,
by reference to Part 2, Mrs Solera Marquez 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 teacherâs
professional position
o having regard for the need to safeguard pupilsâ 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 was satisfied that the conduct of Mrs Solera Marquez fell significantly short of
the standard of behaviour expected of a teacher.
The panel also considered whether Mrs Solera Marquezâs conduct displayed behaviours
associated with any of the offences in the list that begins on page 12 of the Advice. The
panel found that none of these offences were relevant. 9
Accordingly, the panel was satisfied that Mrs Solera Marquez was guilty of unacceptable
professional conduct.
Disrepute
The panel took into account the way the teaching profession is viewed by others, the
responsibilities and duties of teachers in relation to the safeguarding and welfare of
pupils and 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.
The panel also considered whether Mrs Solera Marquezâs conduct displayed behaviours
associated with any of the offences in the list that begins on page 12 of the Advice. The
panel found that none of these offences were relevant.
The panel noted that the Advice is not intended to be exhaustive and there may be other
behaviours that panels consider to be âconduct that may bring the profession into
disreputeâ. The panel considered that Mrs Solera Marquezâs actions showed a lack of
respect for pupils and a disregard for pupilsâ well-being, particularly given those pupils
are non-verbal and cannot raise any concerns themselves.
The panel considered that Mrs Solera Marquezâs conduct could potentially damage the
publicâs perception of a teacher. The panel therefore found that Mrs Solera Marquezâs
actions constituted conduct that may bring the profession into disrepute.
Having found the facts of particulars 1 and 2 proved, the panel further found that Mrs
Solera Marquezâs conduct amounted to both unacceptable professional conduct and
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 is
appropriate, the panel had to consider the public interest, the seriousness of the
behaviour and any mitigation offered by Mrs Solera Marquez and whether a prohibition
order is necessary and proportionate. 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 public interest 10
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
safeguarding and wellbeing of pupils, the maintenance of public confidence in the
profession and declaring and upholding proper standards of conduct.
In the light of the panelâs findings against Mrs Solera Marquez, which involved the use of
scissors as a behaviour management technique on a vulnerable non-verbal child (Pupil
A) and the use of another child (Pupil B) to intimidate Pupil A into following instructions,
there was a strong public interest consideration in respect of the safeguarding and
wellbeing of pupils.
Similarly, the panel considered that public confidence in the profession could be seriously
weakened if conduct such as that found against Mrs Solera Marquez 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 Solera Marquez was outside that which could reasonably be tolerated.
Whilst there is evidence that Mrs Solera Marquez had ability as an educator, the panel
considered that the adverse public interest considerations above outweigh any interest in
retaining Mrs Solera Marquez in the profession, since her behaviour fundamentally
breached the standard of conduct expected of a teacher.
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.
The Advice
The panel took further account of the Advice, which suggests that a panel will likely
consider a teacherâs behaviour to be incompatible with being a teacher if there is
evidence of one or more of the factors that begin on page 15. In the list of such factors,
those that were relevant in this case were:
serious departure from the personal and professional conduct elements of the
Teachersâ Standards;
misconduct seriously affecting the education and/or safeguarding and well-being of
pupils, and particularly where there is a continuing risk;
failure in their duty of care towards a child, including exposing a child to risk or failing
to promote the safety and welfare of the children (as set out in Part 1 of âKeeping
Children Safe In Educationâ)
violation of the rights of pupils;
Mitigation 11
Even though some of the behaviour found proved in this case indicated that a prohibition
order would be appropriate, taking account of the public interest and the seriousness of
the behaviour and the likely harm to the public interest were the teacher be allowed to
continue to teach, the panel went on to consider the mitigation offered by the teacher/
whether there were mitigating circumstances.
The panel considered the mitigating factors contained in the statement provided by Mrs
Solera Marquez to the School disciplinary hearing, including [redacted] the lack of
support which she claimed she had received from the School. The panel also noted the
comments made by two of the teaching assistants in their interviews that Mrs Solera
Marquez appeared to be [redacted] as a result of the Covid-19 pandemic. The panel
found that the [redacted] in the bundle meant that it could not place much weight on this
as a mitigating factor.
The panel acknowledged that Mrs Solera Marquez had apologised and expressed her
regret for her actions and the way her actions had impacted on others. However, the
panel found that Mrs Solera Marquez lacked full insight into her conduct and failed to
understand the seriousness of her actions, particularly from a safeguarding perspective.
The panel were concerned by Mrs Solera Marquezâs decision to call Pupil A and Pupil
Bâs parents after the decision had been taken to dismiss her to explain her version of
events. The panel considered this to be a serious lack of judgment.
The panel found that Mrs Solera Marquez did have a previous good teaching record and
was of good character. Mrs Solera Marquez had not been subject to any disciplinary
proceedings.
The panel considered two documents dated 15 July 2019 and 13 September 2019. The
panel considered the July 2019 reference from the Headteacher of a previous school
which described Mrs Solera Marquez as an âexcellent supply teacherâ and the
September 2019 reference from Mrs Solera Marquezâs previous line manager which
rated her as âGoodâ or âExcellentâ on all of the teaching criteria.
Proportionality
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, it
would not be a proportionate and appropriate response to recommend no prohibition
order. Recommending that the publication of adverse findings would be sufficient would
unacceptably compromise the public interest considerations present in this case, despite
the severity of the consequences for Mrs Solera Marquez of prohibition.
The panel was of the view that prohibition was both proportionate and appropriate. The
panel decided that the public interest considerations outweighed the interests of Mrs 12
Solera Marquez. The facts of the allegations, particularly the fact that they involved
vulnerable and non-verbal pupils, and Mrs Solera Marquezâs lack of understanding of her
actions were a significant factor in forming that opinion. Accordingly, the panel made 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 it to decide to
recommend a review period of the order. The panel was mindful that the Advice states
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 cases involving certain conduct where it is likely that
the public interest will have greater relevance and weigh in favour of not offering a review
period. The panel did not find that Mrs Solera Marquez had been engaged in such
conduct.
The Advice indicates that there are cases involving certain conduct where it is likely that
the public interest will have greater relevance and weigh in favour of a longer period
before a review is considered appropriate. Whilst Mrs Solera Marquez had not engaged
in any of these behaviours, the panel noted that the list was not exhaustive. The panel
considered that in light of the serious nature of her actions and her lack of understanding
of the consequences of her actions, the review period should be longer than 2 years.
The panel decided that the findings indicated a situation in which a review period would
be appropriate and, as such, decided that it would be proportionate, in all the
circumstances, for the prohibition order to be recommended with provisions for a review
period after 4 years. The panel considered that this would be a sufficient period of time
for Mrs Solera Marquez to reflect on her actions and to be able to demonstrate that she
understood the safeguarding concerns which led to her prohibition.
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 both sanction and review period.
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 Maria Solera
Marquez should be the subject of a prohibition order, with a review period of four years. 13
In particular, the panel has found that Mrs Maria Solera Marquez 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, by
o treating pupils with dignity, building relationships rooted in mutual respect,
and at all times observing proper boundaries appropriate to a teacherâs
professional position
o having regard for the need to safeguard pupilsâ 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 was also, âsatisfied that the conduct of Mrs Solera Marquez fell significantly
short of the standard of behaviour expected of a teacher.â
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 and conduct that may 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 Maria Solera Marquez, 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. The panel has observed, â A prohibition order would
therefore prevent such a risk from being present in the future.
I have also taken into account the panelâs comments on insight and remorse, which the
panel sets out as follows, âThe panel acknowledged that Mrs Solera Marquez had
apologised and expressed her regret for her actions and the way her actions had
impacted on others. However, the panel found that Mrs Solera Marquez lacked full
insight into her conduct and failed to understand the seriousness of her actions,
particularly from a safeguarding perspective.â In my judgement, the lack of full insight
means that there is some risk of the repetition of this behaviour and this puts at risk the 14
future wellbeing of pupils. I have therefore given this element considerable 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 observe, âThe panel considered that Mrs Solera
Marquezâs conduct could potentially damage the publicâs perception of a teacher. The
panel therefore found that Mrs Solera Marquezâs actions constituted conduct that may
bring the profession into disrepute.â
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, 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 Maria Solera Marquez
herself. The panel comment âThe panel found that Mrs Solera Marquez did have a
previous good teaching record and was of good character. Mrs Solera Marquez had not
been subject to any disciplinary proceedings.â
A prohibition order would prevent Mrs Marquez from teaching and 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, âThe panel
decided that the public interest considerations outweighed the interests of Mrs Solera
Marquez. The facts of the allegations, particularly the fact that they involved vulnerable
and non-verbal pupils, and Mrs Solera Marquezâs lack of understanding of her actions
were a significant factor in forming that opinion.ââ
I have given less weight in my consideration of sanction therefore, to the contribution that
Mrs Marquez has made to the profession. In my view, it is necessary to impose a
prohibition order in order to maintain public confidence in the profession. A published
decision, in light of the circumstances in this case, that is not backed up by full insight,
does not in my view satisfy the public interest requirement concerning public confidence
in the profession.
For these reasons, I have concluded that a prohibition order is proportionate and in the
public interest in order to achieve the intended aims of a prohibition order.
I have gone on to consider the matter of a review period. In this case, the panel has
recommended a 4 year review period. 15
I have considered the panelâs comments âThe panel considered that in light of the serious
nature of her actions and her lack of understanding of the consequences of her actions,
the review period should be longer than 2 years.â
The panel âdecided that the findings indicated a situation in which a review period would
be appropriate and, as such, decided that it would be proportionate, in all the
circumstances, for the prohibition order to be recommended with provisions for a review
period after 4 years. The panel considered that this would be a sufficient period of time
for Mrs Solera Marquez to reflect on her actions and to be able to demonstrate that she
understood the safeguarding concerns which led to her prohibition.â
I have considered whether a 4 year review period reflects the seriousness of the findings
and is a proportionate period to achieve the aim of maintaining public confidence in the
profession. In this case, factors mean that allowing a two-year review period is not
sufficient to achieve the aim of maintaining public confidence in the profession. These
elements are the nature of the misconduct, the vulnerability of the pupil and the lack of
full insight.
I consider therefore that a four year review period is required to satisfy the maintenance
of public confidence in the profession.
This means that Mrs Maria Solera Marquez is prohibited from teaching indefinitely
and cannot teach in any school, sixth form college, relevant youth accommodation
or childrenâs home in England. She may apply for the prohibition order to be set aside,
but not until 2026, 4 years from the date of this order at the earliest. This is not an
automatic right to have the prohibition order removed. If she does apply, a panel will
meet to consider whether the prohibition order should be set aside. Without a successful
application, Mrs Maria Solera Marquez remains prohibited from teaching indefinitely.
This order takes effect from the date on which it is served on the teacher.
Mrs Maria Solera Marquez has a right of appeal to the Queenâs Bench Division of the
High Court within 28 days from the date she is given notice of this order.
Decision maker: Alan Meyrick
Date: 10 May 2022
This decision is taken by the decision maker named above on behalf of the Secretary of
State.
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