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 children’s home in England.
Teacher Record Details
Teacher Reference Number
8158777
Teacher's date of birth:
27 June 1959
Location teacher worked:
Bristol, South West England
Date of professional conduct panel:
16 to 18 November 2015
Outcome type:
Prohibition order
Notice is hereby given that, in accordance with The Teacher's’ Disciplinary (England) Regulations 2012, a professional conduct panel was convened to consider the case of Mrs Rehana Siraj-Allen, formerly employed in Bristol, South West England .
Date of Birth
27 June 1959
Location teacher worked:
Bristol, South West England
Date of professional conduct panel:
16 to 18 November 2015
Outcome type:
Prohibition order
Notice is hereby given that, in accordance with The Teacher's’ Disciplinary (England) Regulations 2012, a professional conduct panel was convened to consider the case of Mrs Rehana Siraj-Allen, formerly employed in Bristol, South West England .
Location Employed
Bristol, South West England
Date of professional conduct panel:
16 to 18 November 2015
Outcome type:
Prohibition order
Notice is hereby given that, in accordance with The Teacher's’ Disciplinary (England) Regulations 2012, a professional conduct panel was convened to consider the case of Mrs Rehana Siraj-Allen, formerly employed in Bristol, South West England .
Professional Panel Date
16 to 18 November 2015
Outcome type:
Prohibition order
Notice is hereby given that, in accordance with The Teacher's’ Disciplinary (England) Regulations 2012, a professional conduct panel was convened to consider the case of Mrs Rehana Siraj-Allen, formerly employed in Bristol, South West England .
Agency Outcome Decision
Prohibition order
Notice is hereby given that, in accordance with The Teacher's’ Disciplinary (England) Regulations 2012, a professional conduct panel was convened to consider the case of Mrs Rehana Siraj-Allen, formerly employed in Bristol, South West England .
Decision Published Date
30 November 2015
Full PDF Document Transcript Search
Mrs Rehana Siraj-Allan
Professional conduct
panel outcome
Panel decision and reasons on behalf of the
Secretary of State for Education
November 2015
2
Contents
A. Introduction 3
B. Allegations 4
C. Preliminary applications 5
D. Summary of evidence 7
Documents 7
Witnesses 7
E. Decision and reasons 8
Panel’s recommendation to the Secretary of State 14
Decision and reasons on behalf of the Secretary of State 17
3
Professional conduct panel decision and recommendations, and decision on
behalf of the Secretary of State
Teacher: Mrs Rehana Siraj-Allan
Teacher ref number: 8158777
Teacher date of birth: 27 June 1959
NCTL case reference: 11225
Date of determination: 18 November 2015
Former employer: Easton Church of England Primary School, Bristol
A. Introduction
A professional conduct panel (“the panel”) of the National College for Teaching and
Leadership (“the National College”) convened between 16 and 18 November 2015 at 53
to 55 Butts Road, Earlsdon Park, Coventry CV1 3BH to consider the case of Mrs Rehana
Siraj-Allan.
The panel members were Mrs Fiona Tankard (teacher panellist – in the chair), Mr Tony
Heath (lay panellist) and Mr Peter Cooper (teacher panellist).
The legal adviser to the panel was Ms Eszter Horvath-Papp of Eversheds LLP.
The presenting officer for the National College was Ms Rebekah Hummerstone of 2 Hare
Court.
Mrs Siraj-Allan was not present and was not represented.
The hearing took place in public and was recorded.
4
B. Allegations
The panel considered the allegations set out in the Notice of Proceedings dated 28 July
2015.
It was alleged that Mrs Siraj-Allan was guilty of unacceptable professional conduct and/or
conduct that may bring the profession into disrepute in that, whilst employed at Easton
Church of England Primary School, Bristol (the “school”) as the headteacher:
1. In relation to the school’s Key Stage 2 National Curriculum Assessments/Standard
Assessment Tests (“SATs”) which took place between 14 May 2012 and 18 May
2012, following the completion of the SATs, she:
a. failed to secure the SATs before dispatch to the Standards and Testing
Agency,
b. reviewed the SATs,
c. Took one or more of the SATs home with her,
d. Completed a tally of the results of one or more sets of the SATs,
e. Asked and/or allowed members of the school staff to review the SATs,
f. Asked and/or allowed members of school staff to complete a tally of the
results of one or more sets of the SATs,
g. Amended for one or more pupil(s) the:
i. SATs Reading test,
ii. SATs Maths Paper A test,
iii. SATs Maths Paper B test;
2. By her actions set out at allegation 1 above, she failed to comply with the
Standards and Testing Agency’s guidance:
a. Key Stage 2 Test Administrators’ Guide (“TAG”) 2012,
b. Key Stage 2 Assessment Reporting Arrangements (“ARA”) 2012;
3. Her actions set out at allegation 1 above were dishonest in that she sought to
bolster positively by misrepresentation the attainment levels of a pupil and/or
pupils in Key Stage 2 testing.
In her response to the Notice of Proceedings dated 26 October 2015, Mrs Siraj-Allan
stated, “I admit all the allegations except that I did not tamper with the papers in school or
5
elsewhere.” She also stated, “I accept that my behaviour constitutes unacceptable
conduct.”
The presenting officer considered that Mrs Siraj-Allan’s admissions meant that
allegations 1c, 1g and 3 were not admitted. In the circumstances, the panel proceeded
with this hearing as a contested case.
C. Preliminary applications
Proceeding in absence
Mrs Siraj-Allan did not attend the hearing. As a result, the presenting officer made an
application to proceed with the hearing in her absence.
The panel was satisfied that the NCTL had complied with the service requirements of
paragraph 19 a to c of the Teachers’ Disciplinary (England) Regulations 2012 (“the
Regulations”). The panel was also satisfied that the Notice of Proceedings complied with
paragraphs 4.11 and 4.12 of the Teacher Misconduct: Disciplinary Procedures for the
Teaching Profession (“the Procedures”).
The panel determined to exercise its discretion under paragraph 4.29 of the Procedures
to proceed with the hearing in the absence of the teacher.
The panel understood that its discretion to commence a hearing in the absence of the
teacher had to be exercised with the utmost care and caution, and that its discretion was
a severely constrained one.
In making its decision, the panel noted that the teacher may waive her right to participate
in the hearing and it took account of the various factors drawn to its attention from the
case of R v Jones [2003] 1 AC1. Mrs Siraj-Allan was clearly aware of the hearing, as she
responded to the Notice of Proceedings on 26 October 2015 and she indicated that she
did not intend to appear or be represented at the hearing. Further, Mrs Siraj-Allan
stressed her request that the hearing be conducted in her absence and that closure be
reached, in her email dated 30 August 2015 to the NCTL.
The panel therefore considered that Mrs Siraj-Allan waived her right to be present at the
hearing clearly and unequivocally, in the knowledge of when and where the hearing was
taking place.
The panel also had regard to the requirement that it was only in rare and exceptional
circumstances that a decision should be taken in favour of the hearing’s taking place,
even where it was requested by the teacher in question. In this case, there was no
indication that an adjournment might result in Mrs Siraj-Allan’s attending a hearing.
The panel had regard to the extent of the disadvantage to the teacher in not being able to
give her account of events, taking into account the nature of the evidence against her.
6
The panel was satisfied that there was sufficient indication of Mrs Siraj-Allan’s likely line
of arguments from the documents she submitted, to enable the panel to robustly test the
evidence before it. The panel had the teacher’s evidence addressing mitigation and
would be able to take this into account at the relevant stage.
The panel noted that all witnesses relied upon would be called to give evidence and the
panel could test that evidence in questioning those witnesses, considering such points as
would be favourable to the teacher, and which were reasonably available on the
evidence. The panel did not identify any significant gaps in the documentary evidence
provided to it and should such gaps arise during the course of the hearing, the panel
would be able to take such gaps into consideration in considering whether the hearing
should be adjourned for such documents to become available and in considering whether
the presenting officer has discharged the burden of proof. The panel would also be able
to exercise vigilance in making its decision, taking into account the degree of risk of
reaching the wrong decision as a result of not having heard the teacher’s account.
The panel also noted that there were a number of witnesses attending the hearing, who
were prepared to give evidence, and that it would be inconvenient for them to return
again. Some witnesses had already been inconvenienced once before when a previous
hearing had been adjourned to enable Mrs Siraj-Allan to attend.
The panel had regard to the seriousness of this case, and the potential consequences for
the teacher and accepted that fairness to the teacher was of prime importance. However,
it considered that in light of the teacher’s waiver of her right to appear; by taking such
measures referred to above to address any unfairness insofar as is possible; and taking
account of the inconvenience an adjournment would cause to the witnesses; on balance
the public interest in this hearing proceeding within a reasonable time was in favour of
this hearing continuing in Mrs Siraj-Allan’s absence.
Whether hearing was to proceed in private
The panel noted that Mrs Siraj-Allan requested in her response to the Notice of
Proceedings for the hearing to take place in private. Her reasons were her concerns
about the potential impact on her family of the outcome of the hearing.
The panel considered whether to exercise its discretion under paragraph 11 of the
regulations and paragraph 4.57 of the procedures to exclude the public from all or part of
the hearing. The panel decided not to exercise this discretion.
The panel reached this conclusion by balancing the reasons why the teacher requested
that the public be excluded against the competing reasons for which a public hearing was
required. The panel saw no reason to depart from the general rule that hearings should
be held in public and considered that this was generally desirable to maintain public
confidence in the administration of these proceedings and also to maintain confidence in
the teaching profession.
7
The panel noted Mrs Siraj-Allan’s concerns about the impact on her family. However,
even if the hearing were to proceed in private, the panel’s findings and any decision
made by the Secretary of State would be announced in public. As a result, proceeding
with a private hearing would not achieve Mrs Siraj-Allan’s aim of protecting her family
from any consequences of potentially adverse publicity about the outcome of this
disciplinary process.
In light of this, the panel decided to continue the hearing in public.
Additional documents
The panel decided to admit to the bundle some further documentation, as set out in the
following section.
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 4
Section 2: Notice of Proceedings and Response – pages 6 to 13N
Section 3: NCTL witness statements – pages 15 to 47
Section 4: NCTL documents – pages 49 to 247
Section 5: Teacher documents – pages 249 to 252
In addition, the panel agreed to accept the following:
Updated Notice of Proceedings dated 28 July 2015 – pages 13A to 13H
Email from Mrs Siraj-Allan dated 30 August 2015 – pages 13I to 13K
Response to updated Notice of Proceedings dated 26 October 2015 – pages 13L
to 13N
Additional pages of Mrs Siraj-Allan’s statement – pages 249A to 249B
The panel members confirmed that they had read all of the documents in advance of the
hearing.
Witnesses
The panel heard oral evidence from:
8
Witness A – school governor
Witness B – teacher and current assistant headteacher
Witness C – school improvement advisor
Witness D – Standards and Testing Agency representative
These witnesses were called by the presenting officer on behalf of the NCTL.
No witnesses were called on behalf of the teacher and Mrs Siraj-Allan herself did not
attend to give oral evidence.
E. Decision and reasons
The panel announced its decision and reasons as follows:
The panel carefully considered the case before it and reached a decision.
The panel confirmed that it had read all the documents provided in the bundle in advance
of the hearing.
Mrs Siraj-Allan was the headteacher at the school at the relevant time. Year 6 pupils
undertook their SATs English reading test on 14 May 2012, their SATs Maths test A
paper on 16 May 2012 and their SATs Maths test B paper on 17 May 2012. Mrs Siraj-
Allan, along with a number of other teachers at the school, were alleged to have
reviewed the test papers after they were collected and before they were sealed to be
sent to the Standards Testing Agency (“STA”). The papers were alleged to have been left
unsecured before being sent to the STA.
It was later established by the STA that the papers had been tampered with, with many of
the pupils apparently achieving a higher result than anticipated. It was alleged that Mrs
Siraj-Allan had taken the English papers home and had tampered with them. It was
further alleged that the same person had tampered with the Maths papers, and therefore
it must have been Mrs Siraj-Allan. Mrs Siraj-Allan accepted that she left the papers
unsecured and that she had allowed her staff to review them. However, she denied
tampering with the results or taking the papers home with her.
Findings of fact
Our findings of fact are as follows. The panel has found the following particulars of the
allegations against Mrs Siraj-Allan proven, for the following reasons:
1. In relation to the school’s Key Stage 2 National Curriculum
Assessments/Standard Assessment Tests (“SATs”) which took place
9
between 14 May 2012 and 18 May 2012 following the completion of the SATs,
she:
a. failed to secure the SATs before dispatch to the Standards and
Testing Agency,
The panel noted that Mrs Siraj-Allan admitted allegation 1a in her response to the Notice
of Proceedings on 11 January 2015. This admission was confirmed in her response to
the updated Notice of Proceedings of 26 October 2015, in which she admitted all the
allegations except tampering with the papers at home or elsewhere.
In addition, the panel was satisfied from the evidence before it that the SATs papers had
been left unsecured before they were sent to the STA. This was evident from Witness A’s
investigations and Witness B’s witness evidence.
The panel therefore found this allegation proven.
b. reviewed the SATs,
The panel noted that Mrs Siraj-Allan admitted allegation 1b in her response to the Notice
of Proceedings on 11 January 2015. This admission was confirmed in her response to
the updated Notice of Proceedings of 26 October 2015, in which she admitted all the
allegations except tampering with the papers at home or elsewhere.
In addition, the panel was satisfied from the evidence before it that Mrs Siraj-Allan had
reviewed the SATs. She acknowledged in her representations (see page 13J) that she
made a tally chart of the scores as she wanted to be prepared for the local authority
meeting in June 2012.
The panel therefore found this allegation proven.
c. Took one or more of the SATs home with her,
The panel noted that Mrs Siraj-Allan did not admit allegation 1c. Having carefully
considered the time-lines of the day in question and the electronic evidence, on the
balance of probabilities, the panel concluded that Mrs Siraj-Allan did take the English
reading SATs home with her. The panel was satisfied that the electronic tally chart
prepared by Mrs Siraj-Allan (see page 150) had been created and modified late in the
evening on 14 May 2012, as shown in the file properties of the document. The file lists
the marks in a tally format, ie. “1+1+2+…” etc. The panel did not consider credible Mrs
Siraj-Allan’s explanation that she simply typed up her handwritten tally from earlier in the
day. The panel considered that there was no reason to type up the individual scores in
this way, and she must have prepared the electronic tally document whilst the papers
were in her possession. Therefore, the panel was satisfied that Mrs Siraj-Allan took the
English SATs home with her.
10
The panel therefore found this allegation proven.
d. Completed a tally of the results of one or more sets of the SATs,
The panel noted that Mrs Siraj-Allan admitted allegation 1d in her response to the Notice
of Proceedings on 11 January 2015. This admission was confirmed in her response to
the updated Notice of Proceedings of 26 October 2015, in which she admitted all the
allegations except tampering with the papers at home or elsewhere. In addition, she
acknowledged in her representations (see page 13J) that she made a tally chart of the
scores as she wanted to be prepared for the local authority meeting in June 2012.
Further, Witness B confirmed in his evidence that Mrs Siraj-Allan had prepared a tally.
The panel therefore found this allegation proven.
e. Asked and/or allowed members of the school staff to review the SATs,
The panel noted that Mrs Siraj-Allan admitted allegation 1e in her response to the Notice
of Proceedings on 11 January 2015. This admission was confirmed in her response to
the updated Notice of Proceedings of 26 October 2015, in which she admitted all the
allegations except tampering with the papers at home or elsewhere.
In addition, the panel considered the other evidence before it. The panel reached the
view that within this school it was a widely accepted practice for staff to review the SATs
papers after they were collected at the end of exams and before they were sent for
marking. That this was a part of the culture of the school, which was confirmed in the oral
evidence of Witness B and Witness A. The panel was of the view that such a culture
would not have developed without the active involvement, and indeed encouragement, of
the headteacher. The panel was satisfied on the balance of probabilities that Mrs Siraj-
Allan had asked or allowed Witness B, Individual A and Individual B to review the SATs
papers.
The panel therefore found this allegation proven.
f. Asked and/or allowed members of school staff to complete a tally of
the results of one or more sets of the SATs,
The panel noted that Mrs Siraj-Allan admitted allegation 1f in her response to the Notice
of Proceedings on 11 January 2015. This admission was confirmed in her response to
the updated Notice of Proceedings of 26 October 2015, in which she confirmed that she
admitted all the allegations except tampering with the papers at home or elsewhere.
In addition, the panel was satisfied from the evidence before it that Mrs Siraj-Allan did
ask or allow members of the school staff to complete a tally of the results of the SATs. In
particular, the panel heard oral evidence from Witness B that Mrs Siraj-Allan had asked
him to review both sets of Maths papers to see how the pupils had done. He said he
11
completed the tallying exercise in Mrs Siraj-Allan’s room and each time it took about an
hour.
The panel therefore found this allegation proven.
g. Amended for one or more pupil(s) the:
i. SATs Reading test,
ii. SATs Maths Paper A test,
iii. SATs Maths Paper B test;
The panel noted that Mrs Siraj-Allan did not admit allegation 1g.
The panel noted the outcome of the STA’s investigation (see page 245) and the oral
evidence by Witness D. The panel was persuaded that the English, Maths Paper A and
Maths Paper B answer papers had all been tampered with.
In addition, the panel reviewed a sample of the original SATs papers. The panel was
satisfied that many of the English reading test papers had been tampered with, as many
of the amended answers across different pupils’ papers had a similar style of
amendment. Further, the panel compared some of the Maths papers against the
amended English papers. The panel was satisfied that there were similar styles of
amendments across the different subject papers, and therefore the same person is highly
likely to have tampered with all three sets of papers.
The panel then turned its mind to the question of who might have carried out the
tampering. The panel was of the view that it was unlikely that the tampering with the
English test papers had been carried out at the school on the day of the assessment.
This was because Mrs Siraj-Allan’s office was in use for much of the afternoon, and the
window of opportunity between the end of the assessment and the beginning of the
afternoon meeting would have been small. It would have taken some time to go through
all the papers and amend them, and it would have been difficult to carry this out without
detection at this busy school. Witness C’s oral evidence confirmed that Mrs Siraj-Allan
was only away from her office for a short time because she was there at the beginning
and also at the end of his meeting at the school. Mrs Siraj-Allan had provided several
conflicting accounts of her movements on 14th May 2012 and the panel found Witness
C’s account entirely credible.
The panel was therefore satisfied that the only viable window of opportunity for the
tampering to take place would have been in the evening while the papers were with Mrs
Siraj-Allan at her home.
In addition, the panel was of the view that Mrs Siraj-Allan was under severe pressure at
the time, as there was a risk of the school being forced to become an academy, which
12
she and others involved in the school were strongly resisting. She had every motivation
to ensure that the attainment level of her pupils showed improvement, in order to avoid
this risk. The panel heard evidence that Mrs Siraj-Allan had made a huge difference to
the school and its results when she first arrived, but she was now under intense scrutiny
because the results were perceived to have reached a plateau at the time of the
allegations. This view was supported by Witness C’s oral evidence.
Further, the panel found Witness A’s oral evidence credible and persuasive when she
described her surprise that Mrs Siraj-Allan was acting out of character when she was
under suspicion of having tampered with the papers. She did not express surprise or
outrage at the findings of the investigation, as Witness A would have expected.
In light of all these circumstances, the panel is satisfied on the balance of probabilities
that Mrs Siraj-Allan had amended a number of pupils’ answers on their SATs.
The panel therefore found this allegation proven.
2. By her actions set out at allegation 1 above, she failed to comply with the
Standards and Testing Agency’s guidance:
a. Key Stage 2 Test Administrators’ Guide (“TAG”) 2012,
b. Key Stage 2 Assessment Reporting Arrangements (“ARA”) 2012;
The panel noted that Mrs Siraj-Allan admitted allegations 2a and 2b in her response to
the Notice of Proceedings on 11 January 2015. This admission was confirmed in her
response to the updated Notice of Proceedings of 26 October 2015, in which she
admitted all the allegations except tampering with the papers at home or elsewhere.
In addition, the panel noted that page 19 of the TAG (see page 183) set out the
requirements of “what to do at the end of the tests”. This made it clear that the test scripts
must not be looked at or reviewed in any way, and that they must be kept in a secure
place until collected.
Similarly, the panel noted that the ARA set out in section 8.5 the procedures to follow
after each test (see pages 226-227). In particular, the ARA required that the pupils’ test
scripts must be returned immediately to the headteacher and the test scripts must not be
looked at or reviewed in any way. The headteacher must ensure the test scripts are
stored securely in the packaging provided and keep them in a secure place until
collected.
As noted earlier, Mrs Siraj-Allan admitted failing to secure the papers, reviewing the
papers and allowing others to do so, and the panel found allegations 1a, 1b, 1d, 1e and
1f proven.
The panel therefore found this allegation proven.
13
3. Her actions set out at allegation 1 above were dishonest in that she sought
to bolster positively by misrepresentation the attainment levels of a pupil
and/or pupils in Key Stage 2 testing.
The panel noted that Mrs Siraj-Allan did not admit allegation 3.
The panel first noted that it had found the facts comprising allegation 1 all proven. The
panel then turned its mind to the two stage test to assess dishonesty.
Firstly, the panel considered the objective test, ie whether Mrs Siraj-Allan’s actions were
dishonest by the standards of reasonable and honest teachers. The panel was satisfied
that reasonable and honest teachers would consider that tampering with pupils’ test
scores with a view to improving their results was dishonest.
The panel then considered the subjective limb of the test, ie whether Mrs Siraj-Allan
knew or ought to have known that her actions, by those objective standards, were
dishonest. The panel was satisfied that Mrs Siraj-Allan did know or ought to have known
that her actions were dishonest. The panel was persuaded by Individual B’s evidence
that Mrs Siraj-Allan was under a lot of pressure at the time and the panel concluded that
she would have been driven by a desire to demonstrate an improvement in her pupils’
performance. She would have known that tampering with the papers was dishonest.
The panel further noted that Mrs Siraj-Allan told the STA in her email of 17 July 2012
(see page 162) that the “papers were collected up at the end of the test by me. I collated
them … and then my secretary and I prepared the scripts ready for dispatch. The sealed
bags were stored in a locked room until collected. The tests were carried out to the letter,
with me overseeing the whole process.” The panel was of the view that these statements
were clearly untrue, as Mrs Siraj-Allan herself has since admitted leaving the papers
unsecured. The panel considered that she knew that the statements she was making to
the STA were untrue and she was therefore being dishonest.
The panel therefore found this allegation proven.
Findings as to unacceptable professional conduct and/or conduct that
may bring the profession into disrepute
Having found all of the allegations proven, the panel went on to consider whether the
facts of those proven 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 (“the Advice”).
The panel was satisfied that the facts found proven constituted unacceptable
professional conduct in that such conduct was of a serious nature and fell significantly
short of the standard of behaviour expected of a teacher. For the same reasons, the
panel found that such conduct may bring the profession into disrepute.
14
In making this finding, the panel concluded that Mrs Siraj-Allan’s conduct represented
significant breaches of the Teachers’ Standards. In particular:
1. Mrs Siraj-Allan failed to act with honesty and integrity, as she acted dishonestly.
She put at risk the integrity of the SATs assessment process, endeavouring to put
her pupils at an advantage as compared with other schools whose teachers had
adhered to the instructions provided for the conduct of assessments.
2. In acting in this way, she failed to uphold the proper standard expected of a
teacher and put at risk the reputation of the profession and the trust of the public in
the profession. The assessment process is fundamental to measuring educational
achievement in pupils. Both pupils and their parents must have confidence that
assessments are being used in a completely honest, appropriate and transparent
way by all teachers adhering to the required regulations for handling pupils’
assessed work. Any departure from this reflects on the integrity of the process and
not only damages the perception of the pupils and public but also the reputation of
the profession.
3. Mrs Siraj-Allan failed to maintain a high standard of ethics and behaviour, did not
have proper regard to the ethos, policies and practices of the school and had not
acted within the statutory frameworks which set out a teacher’s professional duties
and responsibilities.
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 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 considered whether it would be an appropriate and
proportionate measure, and whether it would be in the public interest to do so. The panel
was mindful that prohibition orders should not be given in order to be punitive, or to show
that blame has been apportioned, although they would be likely to have a punitive effect.
The panel considered the particular public interest considerations set out in the Advice
and having done so found the following to be relevant in this case:
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 Siraj-Allan, which involved dishonestly
amending pupils’ test papers and encouraging her staff to disregard the procedures
15
relating to dealing with assessment papers, the panel considered that there was a strong
public interest consideration in ensuring that teachers, particularly those teachers in a
position of high responsibility, deal with assessment papers in a proper, transparent and
secure manner. Key stage assessments form a fundamental part of the education of
children, and there was a significant public interest in declaring and upholding proper
standards of conduct in relation to assessments. Similarly, the panel found there was
strong public interest in maintaining public confidence in the fact that members of the
profession take their obligations in respect of assessments seriously. The panel
considered that public confidence in the profession could be seriously weakened if
conduct such as that found against Mrs Siraj-Allan 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, taking into account the effect that this would have on Mrs Siraj-Allan. The panel
noted her concerns about the impact on her family as well as on her personally, and that
she had now left education and had no desire to return to her career (see page 13J).
Therefore, in carrying out the balancing exercise, the panel took account of the public
interest considerations both in favour of and against prohibition as well as the interests of
Mrs Siraj-Allan. The panel had further regard to the Advice, which suggested that a
prohibition order might be appropriate if certain behaviours of a teacher were proven. In
the list of such behaviours, those that were relevant in this case were:
serious departure from the personal and professional conduct elements of the
Teachers’ Standards; and
dishonesty especially where there were serious consequences, and/or it was
repeated and/or covered up.
The panel noted that the Advice indicated that these factors indicated behaviour that
would be considered to be incompatible with being a teacher. However, even though
these behaviours pointed to the appropriateness of a prohibition order, 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.
In Mrs Siraj-Allan’s case, the panel noted that there was no evidence that her actions
were not deliberate and there was no evidence that she was acting under duress.
However, the panel accepted the oral evidence of Witness A and Witness C that she had
been highly thought of and had an unblemished history at a very tough school. In
particular, Witness C commented that the view of her abilities were such that it was felt
that she had a lot to offer fellow headteachers and she became a headteacher mentor for
the local education authority. There had been no concerns about her integrity or
16
suitability as a mentor. Witness A also described her as a “leading light” and “genuine,
hard working and committed” and said that “we were proud of her”.
In addition, the panel was convinced by Witness A’s oral evidence that Mrs Siraj-Allan
was under pressure. When she first joined the school, the performance of pupils had
improved, and there was an expectation that this would continue, but in fact the
attainment had reached a plateau. The school had failed to meet floor targets in
preceding years and there was pressure for it to convert to an academy status. The panel
noted Mrs Siraj-Allan’s comment in her statement (see page 249B) that she was “no
more stressed than anyone else” and her denial that her stress caused her to act out of
character. However, Witness C’s evidence also confirmed that the school was under
intense scrutiny at the time, and in Witness C’s view, this pressure could explain but not
excuse Mrs Siraj-Allan’s behaviour. The panel was minded to agree with Witness C’s
assessment.
In light of these considerations, the panel reached the view that prohibition would be both
proportionate and appropriate. The panel decided that the public interest considerations
outweighed the interests of Mrs Siraj-Allan. Dishonestly tampering with pupils’ test papers
had the potential to fundamentally undermine the public trust in the assessment process
and this was a significant factor in the panel’s reaching its decision.
The panel then went on to consider whether or not it would be appropriate to recommend
that a review period should be applied to the order. The panel was mindful that a
prohibition order applied for life, but that there might be circumstances in any given case
that might make it appropriate to allow a teacher to apply to have the prohibition order
reviewed after a specified period of time that could not be less than 2 years.
The Advice indicated that there were behaviours that, if proven, would militate against a
review period being recommended. However, the panel did not consider that any of these
factors (set out in section 7 of the Advice) applied to Mrs Siraj-Allan.
Nevertheless, the panel was of the view that her conduct was particularly serious given
her position as the headteacher. She had clearly instilled an approach to post-
assessment activities such that other teachers considered it normal not to follow the
requirements of the TAG or ARA. Her position meant that she had great influence over
more junior staff members and indeed she had a secondary role as a headteacher
mentor. Her dishonest actions significantly undermined her position and her
responsibilities.
In addition, the panel considered that Mrs Siraj-Allan had not demonstrated insight into
her actions. Whilst she did express some regret over her actions, she had only admitted
the allegations which were impossible to deny on the basis of the evidence, and even in
her recent communications she sought to blame others. For instance, she stated in her
email of 30 August 2015 to the NCTL that “I feel let down and humiliated by the school …
I feel betrayed by whoever is responsible for this”.
17
In the circumstances, 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.
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 both in respect of sanction and review period.
The panel has found all of the allegations proven. Mrs Siraj-Allan failed to act with
honesty and integrity; indeed the panel has found that she acted dishonestly. Mrs Siraj-
Allan put at risk the integrity of the SATs assessment process. Mrs Siraj-Allan failed to
uphold the proper standards expected of a teacher and she put at risk the reputation of
the profession and the trust of the public in the profession. The assessment process is
fundamental to measuring educational achievement in pupils. Both pupils and their
parents must have confidence that assessments are being used in a completely honest,
appropriate and transparent way by all teachers adhering to the required regulations for
handling pupils’ assessed work. Any departure from this reflects on the integrity of the
process and not only damages the perception of the pupils and public but also the
reputation of the profession.
I have taken into account the need to balance the interests of the teacher with the
interests of the public. I have also taken into account the need to be proportionate.
I support the recommendation of the panel that Mrs Siraj-Allan should be prohibited.
This was a serious case and the finding of dishonesty is a serious matter.
I have gone on to consider the matter of a review period. I have noted the mitigation
considered by the panel and also I have taken into account the guidance published bythe
Secretary of State.
In particular I have noted that the panel considered that Mrs Siraj-Allan had not
demonstrated insight into her actions. Whilst the panel noted that she did express some
regret over her actions, she had only admitted the allegations which were impossible to
deny on the basis of the evidence, and even in her recent communications she sought to
blame others. For instance, the panel notes that she stated in her email of 30 August
2015 to the NCTL that “I feel let down and humiliated by the school … I feel betrayed by
whoever is responsible for this”.
I support the recommendation regarding review.
18
This means that Mrs Siraj-Allan 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 Siraj-Allan 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 Siraj-Allan 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: 20 November 2015
This decision is taken by the decision maker named above on behalf of the Secretary of
State.
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