Unknown Teacher

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

Teacher reference number:

8665376

Teacher's date of birth:

22 February 1965

Location teacher worked:

North Yorkshire, North East England

Date of professional conduct panel:

26 to 28 March 2019

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 Ms Allison Brown formerly employed in North Yorkshire, North East England.

The proceedings were held at the Holiday Inn, Hinckley Road, Coventry CV2 2HP,at 9.30am on 26 to 28 March 2019.

Teacher misconduct

Ground Floor, South

Cheylesmore House

5 Quinton RoadCoventryCV1 2WT

Email TRA.Casework@education.gov.uk

Telephone 020 7593 5393

Information about regulating the teaching profession and the process for dealing with serious teacher misconduct.

Ms Allison Brown: Professional conduct panel outcome Panel decision and reasons on behalf of the Secretary of State for Education March 2019 2 A. Introduction 3 B. Allegations 4 C. Preliminary applications 5 As to whether the hearing should proceed in the absence of Ms Brown 5 As to whether Pupil C should be permitted to give evidence via Skype 5 D. Summary of evidence 6 Documents 6 Witnesses 6 E. Decisions and reasons 6 Findings of fact 7 Findings as to unacceptable professional conduct and/or conduct that may bring the profession into disrepute 14 Panel’s recommendation to the Secretary of State 15 Decision and reasons on behalf of the Secretary of State 18 3 Professional conduct panel decision and recommendations, and decision on behalf of the Secretary of State Teacher: Ms Allison Brown Teacher ref number: 8665376 Teacher date of birth: 22 February 1965 TRA reference: 17119 Date of determination: 28 March 2019 Former employer: Richmond School, Richmond, North Yorkshire A. Introduction A professional conduct panel (“the panel”) of the Teaching Regulation Agency (“the TRA”) convened on 26 to 28 March 2019 at the Holiday Inn, Hinckley Road, Coventry CV2 2HP, to consider the case of Ms Allison Brown. The panel members were Mr Brian Hawkins (teacher panellist – in the chair), Mrs Ann Walker (former teacher panellist) and Mr Martin Pilkington (lay panellist). The legal advisor to the panel was Mr Graham Miles of Blake Morgan LLP solicitors. The presenting officer for the TRA was Mr Luke Berry of Browne Jacobson LLP solicitors. Ms Alison Brown 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 24 October 2018. It was alleged that Ms Allison Brown was guilty of unacceptable professional conduct and/or conduct that may bring the profession into disrepute, in that whilst employed as a teacher at the Richmond School from May 2015 until November 2017: 1. In or around 2017, she failed to administer and/or manage AQA music assessments appropriately and/or in accordance with the guidance, in that she: a. On or around 10 April 2017, during the Easter holidays, prepared assessment work on behalf of Student C and/or Student D and/or Student E; b. Indicated on a Teacher Feedback Form for Student C's Bach Minuet that she did not have assistance with this assessment and/or she used both hands when performing the piece of music, when this was not the case; c. Submitted one or more assessments to the examinations board which had not been completed by the identified candidate, in particular: i. 'Sporting Chance', which was incorrectly submitted as Student C's own work; ii. Student D's ensemble and/or saints 2, which was incorrectly submitted as Student D's own work; iii. 'When the Saints', which was incorrectly submitted as Student E's own work; iv. 'Habits' which was incorrectly submitted as Student E's own work; v. An ensemble piece which was incorrectly submitted as Student C's record. 2. Her conduct as may be found proven at 1 above was dishonest and/or lacked integrity. At the outset of the hearing, Mr Berry informed the panel that the TRA would offer no evidence in relation to allegations 1c iv and v and invite the panel to find those allegations not proved. Ms Brown did not admit the alleged facts and did not admit unacceptable professional conduct and/or conduct that may bring the profession into disrepute. 5 C. Preliminary applications As to whether the hearing should proceed in the absence of Ms Brown Ms Brown was not present and not represented. The panel was presented with a copy of an email from Ms Brown's union representative dated 14 March 2019 which stated that, 'Ms Brown does not wish to attend the hearing and understands that this will proceed in her absence'. After hearing representations from Mr Berry and receiving legal advice, the Chair announced the decision of the panel as follows: The panel has given careful consideration to the fact that Ms Brown is not present and will no longer be represented at this hearing. The panel has decided that the hearing should continue in the absence of Ms Brown for the following reasons: 1. Ms Brown's union representative has confirmed in her email dated 14 March 2019 that Ms Brown will not be attending the hearing and that, as a consequence, the union will not be providing representation. The panel would have preferred to have received written confirmation from Ms Brown confirming that she does not wish to be represented at the hearing by someone other than her union representative. However, taking all of the circumstances into account, the panel is satisfied that Ms Brown has voluntarily waived her right to attend the hearing. 2. No application for an adjournment has been made. The panel noted that the hearing was adjourned on a previous occasion when Ms Brown had to attend a funeral. The panel is satisfied that Ms Brown is aware of her ability to seek an adjournment of today's hearing if she is unable to attend but wishes to attend on a later date. In these circumstances the panel is not satisfied that an adjournment of today's hearing would result in Ms Brown's attendance on a later date. 3. There is a public interest in this hearing proceeding and the panel has also taken into account the interests of the witnesses called to give evidence. As to whether Pupil C should be permitted to give evidence via Skype Ms Brown explained that Student C currently resides in Fiji. Mr Berry submitted that it would not be proportionate for Student C to attend the hearing in person due to the time and costs involved. Accordingly application was made for her to give evidence by video link. The panel was presented with a copy of an email from Ms Brown's union representative dated 11 January 2019 confirming Ms Brown's agreement that Student C be allowed to give evidence by video link. The panel directed that Student C shall give her evidence by video link from her home in Fiji commencing at 8am on Tuesday 27 March 2019. 6 D. Summary of evidence Documents In advance of the hearing, the panel received a bundle of documents which included: Section 1: Chronology and anonymised pupil list – pages 2 to 4 Section 2: Notice of Proceedings and Response – pages 6 to 13 Section 3: Teaching Regulation Agency witness statements – pages 15 to 29 Section 4: Teaching Regulation Agency documents – pages 31 to 572 Section 5: Teacher documents – pages 574 to 581 In addition, the panel agreed to accept the following documents that were submitted in support of the preliminary applications: Application bundle index – pages 582 to 591. The panel members confirmed that they had read all of the documents in advance of the hearing. Witnesses The panel heard oral evidence from the following witnesses called by Mr Berry: • Witness A, former [Redacted] of Richmond School. • Witness B, [Redacted] at Richmond School. • Student C, former pupil at the school. 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 it had read all of the documents provided in the bundle in advance of the hearing. Ms Allison Brown commenced employment at the Richmond School in North Yorkshire ('the School') on 1 September 2015 as the Lead Teacher for Music. Ms Brown had the overall responsibility for the teaching of the music curriculum. The allegations in this case relate to Unit 3 of the GCSE Music examination involving Year 11 students in 2017. Unit 3 required candidates to perform two different pieces; one for individual performance and 7 one for group performance. The specification for Unit 3 issued by the examination body, AQA, defined individual performance as 'one person playing/singing/maintaining an independent melodic/rhythmic part'. The specification for group performance stated that it 'must consist of two or more live players including the candidate'. Both performances were required to be recorded and sent to an AQA moderator. Unit 3 represented 40% of the total marks for the GCSE Music examination. The panel heard that on 19 June 2017, Mr Witness B, [Redacted], reported a concern in relation to the Unit 3 work to the [Redacted] at the time, Mr Witness A. Witness B reported that he had checked the computer in the recording studio where students' work was recorded and burnt to disc for submission to AQA using a programme called Cubase. As a result of doing so, Witness B had concerns about the validity of the work attributed to three of the students; Students C, D and E. Ms Brown was suspended on 22 June 2017 pending a disciplinary investigation. The concerns were also reported to AQA. The panel has heard oral evidence from Mr Witness A, Mr Witness B and Student C. Although Ms Brown did not attend this hearing and did not give oral evidence, the panel took into consideration her written statement prepared for these proceedings and her responses during the School's disciplinary investigation. In addition to the oral and written evidence presented, the panel listened to recordings that were attributed to Students C, D and E. Findings of fact The findings of fact are as follows: It was alleged that you are guilty of unacceptable professional conduct and/or conduct that may bring the profession into disrepute, in that whilst employed as a teacher at the Richmond School from May 2015 until November 2017: 1. In or around 2017, you failed to adm