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
Ms Donna Slater
Teacher Reference Number
9359646
Date of Birth
3 June 1972
Location Employed
London
Professional Panel Date
N/A
Agency Outcome Decision
prohibition order
Decision Published Date
3 February 2021
Panel Decision & Reasons Summary
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's name: Ms Donna Slater
Teacher reference number: 9359646
Teacher's date of birth: 3 June 1972
Location teacher worked: London
Dates of professional conduct panel: 8 January 2021
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 Ms Donna Slater formerly employed in London.
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Ms Donna Slater:
Professional conduct
panel meeting outcome
Panel decision and reasons on behalf of the
Secretary of State for Education
January 2021
2
Contents
Introduction 3
Allegations 4
Preliminary applications 6
Summary of evidence 6
Documents 6
Statement of agreed facts 6
Decision and reasons 6
Findings of fact 7
Panelâs recommendation to the Secretary of State 12
Decision and reasons on behalf of the Secretary of State 14
3
Professional conduct panel decision and recommendations, and decision on
behalf of the Secretary of State
Teacher: Ms Donna Slater
Teacher ref number: 9359646
Teacher date of birth: 3 June 1972
TRA reference: 17378
Date of determination: 8 January 2021
Former employer: Heston Community School, Hounslow
Introduction
A professional conduct panel (âthe panelâ) of the Teaching Regulation Agency (âthe
TRAâ) convened on 8 January 2021 by video conference to consider the case of Ms
Donna Slater.
The panel members were Ms Karen McArthur (lay panellist â in the chair), Mr Diarmuid
Bunting (lay panellist) and Mr Neil Hillman (teacher panellist).
The legal adviser to the panel was Ms Rosie Shipp of Birketts 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 Ms Slater that the allegations be
considered without a hearing. Ms Slater provided a signed statement of agreed facts and
admitted unacceptable professional conduct and/or conduct that may bring the
profession into disrepute. The panel considered the case at a meeting without the
attendance of the presenting officer Mr Ben Bentley of Browne Jacobson LLP solicitors or
Ms Donna Slater.
The meeting took place in private, but the panelâs decision was announced in public.
4
Allegations
The panel considered the allegations set out in the notice of meeting dated 8 December
2020.
It was alleged that Ms Slater was guilty of unacceptable professional conduct and/or
conduct that may bring the profession into disrepute, in that whilst employed at Heston
Community School:
1. In or around January 2017, she failed to observe an appropriate professional
boundary by sharing her personal telephone number with Pupil A;
2. On various dates between 1 January 2017 and 18 May 2017, she failed to
observe an appropriate professional boundary by continuing a WhatsApp
correspondence with Pupil A without notifying Pupil A's Learning Coordinator;
3. During a series of WhatsApp messages exchanged between her and Pupil A
between 19 April 2017 and 18 May 2017, during and outside school hours and
including weekends:
a. she failed to observe an appropriate professional boundary by telling Pupil A in
relation to Teacher 1:
i. "this is about here insecurities & she doesn't like feisty girls that
make her look & feel bad", on or about 19 April 2017;
ii. "I don't need to prove myself. She feels like she does", on or about
19 April 2017;
iii. "if she doesn't see how lovely u r that's her loss & stupidity", on or
about 19 April 2017;
iv. "I'm really proud of u for being with [Teacher 1] even though u
haven't done anything", on or about 2 May 2017;
b. on or about 21 April 2017, she failed to observe an appropriate professional
boundary by telling Pupil A that she would need to "be careful" in relation to
other children at the school who were "devious";
c. she failed to observe an appropriate professional boundary by seeking to make
arrangements to meet with Pupil A, in the absence of any proper reason for
doing so, within messages sent:
v. on or about 23 April 2017
vi. on or about 24 April 2017 5
vii. on or about 1 May 2017
viii. on or about 8 May 2017
ix. on or about 15 May 2017
d. she failed to observe an appropriate professional boundary by including within
a message to Pupil A the following, regarding her relationship with Pupil A
x. "I love both of u", on or about 27 April 2017
xi. "do u feel cared for & looked after by me?!", on or about 28 April
2017
xii. "Night love u", on or about 2 May 2017, 4 May 2017 and 15 May
2017
xiii. "Love u lots", on or about 14 May 2017
xiv. "& big hug from me", on or about 17 May 2017,
e. she failed to observe an appropriate professional boundary by including within
a message to Pupil A the following, regarding her own circumstances
xv. "I keep looking as I'm not sleeping", on or about 2 May 2017
xvi. "sometimes it might not seem like what I'm doing is important but it is",
on or about 3 May 2017
xvii. "I never sleep very well but I have got some stuff going on", on or
about 3 May 2017
xviii. "It's not that I'm not interested it's just been ridiculous", on or about 5
May 2017
xix. "I'm so tired", on or about 5 May 2017
xx. "obviously I'm very comfortable around u as u r so easy to get on
with", on or about 5 May 2017
xxi. "I'm supposed to be going out but I don't really want to go until I have
spoken to u!!", on or about 18 May 2017;
4. On or about 27 April 2017, she failed to take appropriate steps to safeguard Pupil
A's well-being, by introducing her to Person 1, without notifying Pupil A's Learning
Coordinator; 6
5. On or about 28 April 2017, she failed to take appropriate steps to safeguard Pupil
A's well-being, by sharing the telephone number of Pupil A with Person 1;
6. On or about 7 May 2017, she failed to take appropriate steps to safeguard Pupil
A's well-being, having received a voicemail regarding sexual activity being
proposed to Pupil A by Pupil B.
Ms Slater admits the facts of allegations 1 to 6 and that her behaviour amounted to
unacceptable professional conduct and conduct that may bring the profession into
disrepute falling short of the standards of behaviour expected of a teacher, as set out in
the statement of agreed facts signed by Ms Slater on 14 November 2020.
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 referral, response and notice of meeting â pages 5 to 15
⢠section 3: statement of agreed facts and presenting officer representations â
pages 17 to 31
⢠section 4: Teaching Regulation Agency documents â pages 34 to 287
The panel members confirmed that they had read all of the documents within the bundle
in advance of the meeting.
Statement of agreed facts
The panel considered a statement of agreed facts which was signed by Ms Slater on 14
November 2020 in which Ms Slater admitted allegations 1 to 6 and that her conduct
amounted to unacceptable professional conduct and/or conduct that may bring the
profession in to disrepute.
Decision and reasons
The panel announced its decision and reasons as follows: 7
The panel carefully considered the case and reached a decision.
In advance of the meeting, the TRA agreed to a request from Ms Slater 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.
In summary, Ms Slater was employed by Heston Community School (âthe schoolâ) from
September 1999 to July 2017.
Ms Slater allegedly failed to maintain professional boundaries with a 15 year old student,
Pupil A, by engaging in the exchange of WhatsApp messages between January to May
2017.
In the WhatsApp messages, including those shared outside school hours, Ms Slater
made inappropriate comments about another member of staff, shared personal
information with Pupil A, and shared her feelings towards Pupil A with Pupil A. The
WhatsApp messages also evidenced Ms Slater seeking to meet Pupil A in the absence
of any proper reason, and arranging for Pupil A to meet Person 1, an adult male with no
professional connection to the school, with whom Ms Slater also shared Pupil Aâs mobile
phone number. As evidenced by the summary of voicemail messages, and by evidence
provided by the school, Ms Slater also failed to take appropriate safeguarding action in
respect of disclosures made to her by Pupil A, that Pupil B had proposed sexual activity
with Pupil A.
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 teaching profession into disrepute in that, whilst employed at Heston
Community School:
1. In or around January 2017, you failed to observe an appropriate professional
boundary by sharing your personal telephone number with Pupil A;
On examination of the documents before the panel, and the admission of this allegation
in the signed statement of agreed facts, the panel was satisfied that the allegation was
proven. 8
2. On various dates between 1 January 2017 and 18 May 2017, you failed to
observe an appropriate professional boundary by continuing a WhatsApp
correspondence with Pupil A without notifying Pupil A's Learning
Coordinator;
On examination of the documents before the panel, and the admission of this allegation
in the signed statement of agreed facts, the panel was satisfied that the allegation was
proven.
3. During a series of WhatsApp messages exchanged between you and Pupil A
between 19 April 2017 and 18 May 2017, during and outside school hours
and including weekends:
a. you failed to observe an appropriate professional boundary by telling
Pupil A in relation to Teacher 1:
i. "this is about here insecurities & she doesn't like feisty girls that
make her look & feel bad", on or about 19 April 2017
ii. "I don't need to prove myself. She feels like she does", on or about
19 April 2017
iii. "if she doesn't see how lovely u r that's her loss & stupidity", on or
about 19 April 2017
iv. "I'm really proud of u for being with [Teacher 1] even though u
haven't done anything", on or about 2 May 2017
On examination of the documents before the panel, and the admission of this allegation
in the signed statement of agreed facts, the panel was satisfied that the allegation was
proven.
b. on or about 21 April 2017, you failed to observe an appropriate
professional boundary by telling Pupil A that she would need to "be
careful" in relation to other children at the school who were "devious",
On examination of the documents before the panel, and the admission of this allegation
in the signed statement of agreed facts, the panel was satisfied that the allegation was
proven.
c. you failed to observe an appropriate professional boundary by seeking
to make arrangements to meet with Pupil A, in the absence of any proper
reason for doing so, within messages sent:
i. on or about 23 April 2017 9
ii. on or about 24 April 2017
iii. on or about 1 May 2017
iv. on or about 8 May 2017
v. on or about 15 May 2017
On examination of the documents before the panel, and the admission of this allegation
in the signed statement of agreed facts, the panel was satisfied that the allegation was
proven.
d. you failed to observe an appropriate professional boundary by including
within a message to Pupil A the following, regarding your relationship
with Pupil A
i. "I love both of u", on or about 27 April 2017
ii. "do u feel cared for & looked after by me?!", on or about 28 April
2017
iii. "Night love u", on or about 2 May 2017, 4 May 2017 and 15 May
2017
iv. "Love u lots", on or about 14 May 2017
v. "& big hug from me", on or about 17 May 2017
On examination of the documents before the panel, and the admission of this allegation
in the signed statement of agreed facts, the panel was satisfied that the allegation was
proven.
e. you failed to observe an appropriate professional boundary by including
within a message to Pupil A the following, regarding your own
circumstances:
i. "I keep looking as I'm not sleeping", on or about 2 May 2017
ii. "sometimes it might not seem like what I'm doing is important but
it is", on or about 3 May 2017
iii. "I never sleep very well but I have got some stuff going on", on or
about 3 May 2017
iv. "It's not that I'm not interested it's just been ridiculous", on or
about 5 May 2017 10
v. "I'm so tired", on or about 5 May 2017
vi. "obviously I'm very comfortable around u as u r so easy to get on
with", on or about 5 May 2017
vii. "I'm supposed to be going out but I don't really want to go until I
have spoken to u!!", on or about 18 May 2017;
On examination of the documents before the panel, and the admission of this allegation
in the signed statement of agreed facts, the panel was satisfied that the allegation was
proven.
4. On or about 27 April 2017, you failed to take appropriate steps to safeguard
Pupil A's well-being, by introducing her to Person 1, without notifying Pupil
A's Learning Coordinator;
On examination of the documents before the panel, and the admission of this allegation
in the signed statement of agreed facts, the panel was satisfied that the allegation was
proven.
5. On or about 28 April 2017, you failed to take appropriate steps to safeguard
Pupil A's well-being, by sharing the telephone number of Pupil A with
Person 1;
On examination of the documents before the panel, and the admission of this allegation
in the signed statement of agreed facts, the panel was satisfied that the allegation was
proven.
6. On or about 7 May 2017, you failed to take appropriate steps to safeguard
Pupil A's well-being, having received a voicemail regarding sexual activity
being proposed to Pupil A by Pupil B.
On examination of the documents before the panel, and the admission of this allegation
in the signed statement of agreed facts, the panel was satisfied that the allegation was
proven.
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
the 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
Teacher Misconduct: The Prohibition of Teachers, which is referred to as âthe Adviceâ. 11
The panel was satisfied that the conduct of Ms Slater, in relation to the facts found
proved, involved breaches of the Teachersâ Standards. The panel considered that, by
reference to Part 2, Ms Slater was in breach of the following standards:
ď§ 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
ď§ Teachers must have proper and professional regard for the ethos, policies and
practices of the school in which they teach âŚ
The panel noted that Ms Slater signed the schoolâs annual School Safeguarding Pledge
on 10 October 2016 and had completed safeguarding training at the start of that year.
Additionally, in her role as learning coordinator and head of year 7, she was pastoral lead
and was responsible for working closely with the schoolâs designated safeguarding lead.
Ms Slater should have therefore been well aware of her safeguarding obligations.
The panel observed that the messages from Ms Slater to Pupil A became more
affectionate over time and indicated a development of a concerning and inappropriate
relationship between the two of them. The panel considered that several of the messages
sent by Ms Slater raised serious safeguarding concerns in that they: discussed Ms
Slaterâs personal life, intimated strong affectionate feelings towards Pupil A, and
arranged for Pupil A to meet with Person 1.
The panel was also concerned that some messages from Ms Slater referred to and made
derogatory comments about one of her colleagues. The panel considered this to be a
serious breach of the standard expected of a teacher and conduct that may well have
undermined the relationship between Pupil A and the teacher colleague.
Pupil A was a vulnerable pupil and Person 1 was an older male in respect of whom no
safeguarding checks had been carried out. As a result, Ms Slaterâs introducing of the two
of them without any safeguarding measures gave rise to an unacceptable and serious
safeguarding risk to Pupil A. The panel considered that an equally serious safeguarding
breach took place when Ms Slater omitted to take any formal action on receipt of the
voicemail that related to sexual activity being proposed to Pupil A by Pupil B. It should
have been obvious to Ms Slater, especially in the context of her senior pastoral role and
the training that she had received, that she should have taken immediate action with the
school to properly safeguard Pupil A. 12
The panel was satisfied that the conduct of Ms Slater fell significantly short of the
standards expected of the profession.
The panel noted that some of the allegations (including some of the Whatsapp messages
and the meeting between Pupil A and Person 1) took place outside the education setting
and were late at night. The panel was satisfied that Ms Slaterâs conduct, by introducing
Person 1 and Pupil A, may have put Pupil A in a vulnerable situation. It appeared that Ms
Slater intended for Person 1 to form a mentor-like relationship with Pupil A, which was
capable of influencing Pupil A. Further, the comments made about colleagues and other
students were capable of undermining Pupil Aâs relationships with them, which is
particularly harmful in the context of an already troubled and vulnerable student.
Accordingly, the panel was satisfied that Ms Slater was guilty of unacceptable
professional conduct.
The panel took into account the way 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 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 they behave. The public expectation is that teachers will maintain appropriate
boundaries with pupils and keep them safe.
The findings of misconduct were serious and the conduct displayed would be likely to
have a negative impact on the individualâs status as a teacher, potentially damaging the
public perception.
The panel therefore found that Ms Slaterâs actions constituted conduct that may bring the
profession into disrepute.
Having found the facts of the allegations proved, the panel further found that Ms Slaterâs
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
should be made, the panel had to consider whether it would be an appropriate and a
proportionate measure, and whether it would be in the public interest to do so. Prohibition 13
orders should not be given in order to be punitive, or to show that blame has been
apportioned, although they are likely to have a punitive effect.
The panel had regard to the particular public interest considerations set out in the Advice
and, having done so, found a number of them to be relevant in this case, namely: the
protection 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 Ms Slater, which involved failing to maintain
professional boundaries with a pupil, there was a strong public interest consideration in
respect of the protection of pupils.
The panel considered that public confidence in the profession could be seriously
weakened if conduct such as that found against Ms Slater were not treated with the
appropriate seriousness when regulating the conduct of the profession.
The panel decided that a strong public interest consideration in declaring proper
standards of conduct in the profession was also present as the conduct found against Ms
Slater was outside that which could reasonably be tolerated. Ms Slaterâs actions were
more serious because it took place despite a previous internal disciplinary which related
to similar conduct and an inappropriate relationship with another pupil in 2010.
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 Ms Slater.
In carrying out the balancing exercise, the panel had regard to the public interest
considerations both in favour of, and against, prohibition as well as the interests of Ms
Slater. The panel took further account of the Advice, which suggests that a prohibition
order may be appropriate if certain behaviours of a teacher have been proved. In the list
of such behaviours, those that are relevant in this case are:
ď§ serious departure from the personal and professional conduct elements of the
Teachersâ Standards;
ď§ misconduct seriously affecting the education and/or well-being of pupils, and
particularly where there is a continuing risk;
ď§ other deliberate behaviour that undermines pupils, the profession, the school or
colleagues.
Even though some of the behaviour found proved in this case indicated that a prohibition
order would be appropriate, the panel went on to consider the mitigating factors.
Mitigating factors may indicate that a prohibition order would not be appropriate or
proportionate. 14
There was evidence that Ms Slaterâs actions were deliberate and there was no evidence
to suggest that she was acting under duress.
The panel considered that the following mitigation factors were present in this case:
⢠Other than the incident in 2010 - 2011, Ms Slater had a previously good history
with 13 yearsâ service holding senior and pastoral roles at the school.
⢠Ms Slater had not been subject to any previous regulatory proceedings.
⢠Ms Slater made factual admissions at an early stage and had engaged with the
proceedings to date.
The aggravating features in this case were that:
⢠A similar incident that took place in 2010. The bundle contained a previous
disciplinary hearing outcome, dated 20 January 2011, regarding Ms Slaterâs
relationship with a former pupil at the school. In the information provided it is clear
Ms Slater formed an inappropriately close relationship with a pupil who had been
excluded from the school. The pupil stayed at Ms Slaterâs address on several
occasions and Ms Slater was accused of harbouring the pupil who had been
reported missing by the police. She did not notify the school or social services that
the pupil was staying with her. The panel identified clear parallels between the
previous incident and the current allegations and considered that Ms Slaterâs
repeated behaviour demonstrated that she had not learned that such conduct was
inappropriate or taken adequate or appropriate remedial steps. As a result the
panel was particularly concerned that Ms Slaterâs behaviour may be repeated.
⢠The panel considered that Ms Slater did not show meaningful remorse for or
insight into her actions. The panel noted that Ms Slater did not provide a statement
or any mitigating circumstances to explain her actions. The panel noted there were
no character statements or references in the bundle provided from any colleagues
that could attest to her abilities as a teacher.
⢠Ms Slaterâs conduct was a clear breach of the Teacherâs Standards.
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 was sufficient would
unacceptably compromise the public interest considerations present in this case, despite
the severity of the consequences for Ms Slater of prohibition. The panel was of the view 15
that prohibition was both proportionate and appropriate. The panel decided that the
public interest considerations outweighed the interests of Ms Slater. The conclusion of
the panel that Ms Slater presented a continuing risk and had not demonstrated any
insight in to the consequences of her behaviour that gave rise to safeguarding concerns
were significant factors 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 to recommend that
a review period of the order should be considered. 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 two
years. The panel considered that Ms Slaterâs conduct was capable of being remediated
and that there was a public interest in allowing a teacher of Ms Slaterâs seniority to return
to the profession once she has demonstrated insight and a greater understanding of the
necessity for clear and appropriate boundaries between teachers and students.
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 3 year
review period.
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/or conduct that may bring
the profession into disrepute.
The panel has made a recommendation to the Secretary of State that Ms Donna Slater
should be the subject of a prohibition order, with a review period of three years.
In particular, the panel has found that Ms Slater 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 16
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
⢠Teachers must have proper and professional regard for the ethos, policies and
practices of the school in which they teach.
The panel finds that the conduct of Ms Slater fell significantly short of the standards
expected of the profession.
The findings of misconduct are particularly serious as they include a finding that Ms
Slater failed to observe an appropriate professional boundary with Pupil A and failed to
take appropriate steps to safeguard Pupil A's well-being.
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 Ms Slater, and the impact that will have
on her, is proportionate and in the public interest.
In this case, I have considered the extent to which a prohibition order would protect
children. The panel has observed âPupil A was a vulnerable pupil and Person 1 was an
older male in respect of whom no safeguarding checks had been carried out. As a result,
Ms Slaterâs introducing of the two of them without any safeguarding measures gave rise
to an unacceptable and serious safeguarding risk to Pupil Aâ. 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 considered that Ms Slater did not show meaningful
remorse for or insight into her actions. The panel noted that Ms Slater did not provide a
statement or any mitigating circumstances to explain her actions. The panel noted there
were no character statements or references in the bundle provided from any colleagues
that could attest to her abilities as a teacherâ. In my judgement, the lack of insight means
that there is some risk of the repetition of this behaviour. I have therefore given this
element considerable weight in reaching my decision. 17
I have gone on to consider the extent to which a prohibition order would maintain public
confidence in the profession. The panel observe, âIn the light of the panelâs findings
against Ms Slater, which involved failing to maintain professional boundaries with a pupil,
there was a strong public interest consideration in respect of the protection of pupilsâ. I
am particularly mindful of the finding of failure to take appropriate steps to safeguard
pupil wellbeing in this case and the impact that such a finding has on the reputation of the
profession.
I have had to consider that the public has a high expectation of professional standards of
all teachers and that the public might regard a failure to impose a prohibition order as a
failure to uphold those high standards. In weighing these considerations, I have had to
consider the matter from the point of view of an âordinary intelligent and well-informed
citizen.â
I have considered whether the publication of a finding of unacceptable professional
conduct, 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 Ms Slater herself. Although
she no longer works at the school and the panel comment âOther than the incident in
2010 - 2011, Ms Slater had a previously good history with 13 yearsâ service holding
senior and pastoral roles at the schoolâ.
A prohibition order would prevent Ms Slater from teaching. A prohibition order would also
clearly deprive the public of her contribution to the profession for the period that it is in
force.
In this case, I have placed considerable weight on the panelâs comments concerning the
lack of insight or remorse. The panel has said, âThe conclusion of the panel that Ms
Slater presented a continuing risk and had not demonstrated any insight in to the
consequences of her behaviour that gave rise to safeguarding concerns were significant
factors in forming that opinionâ.
I have also placed considerable weight on the finding of the panel that âIt should have
been obvious to Ms Slater, especially in the context of her senior pastoral role and the
training that she had received, that she should have taken immediate action with the
school to properly safeguard Pupil Aâ.
I have given less weight in my consideration of sanction therefore, to the contribution that
Ms Slater 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 remorse or insight, does 18
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 3 year review period.
I have considered the panelâs comments âMs Slaterâs conduct was capable of being
remediated and that there was a public interest in allowing a teacher of Ms Slaterâs
seniority to return to the profession once she has demonstrated insight and a greater
understanding of the necessity for clear and appropriate boundaries between teachers
and students.â The panel has also said âit would be proportionate in all the circumstances
for the prohibition order to be recommended with provisions for a 3 year review periodâ.
I have considered whether a 3 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, there are factors that mean that a two-year review period is not
sufficient to achieve the aim of maintaining public confidence in the profession. These
elements are a lack of insight and remorse and a lack of awareness of safeguarding
obligations.
I consider therefore that a three year review period is required to satisfy the maintenance
of public confidence in the profession.
This means that Ms Donna Slater 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 15 January 2024, 3 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, Ms Slater remains prohibited from teaching indefinitely.
This order takes effect from the date on which it is served on the teacher.
Ms Slater 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: Sarah Buxcey
Date: 14 January 2021
19
This decision is taken by the decision maker named above on behalf of the Secretary of
State.
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