Unknown Teacher

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

Teacher reference number:

8477240

Teacher's date of birth:

27 August 1962

Location teacher worked:

Isle of Wight, South East England

Date of professional conduct panel:

20 to 24 February 2017

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 Johanna McKay, formerly employed in Isle of Wight, South East England.

The proceedings were held at 53 to 55 Butts Road, Earlsdon Park, Coventry CV1 3BH at 9.30am on 20 to 24 February 2017.

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 Johanna McKay: Professional conduct panel outcome Panel decision and reasons on behalf of the Secretary of State for Education February 2017 2 Contents A. Introduction 3 B. Allegations 4-5 C. Preliminary applications 5-6 D. Summary of evidence 6 Documents 6 Witnesses 7 E. Decision and reasons 7 Panel’s recommendation to the Secretary of State 16 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 Johanna McKay Teacher ref number: 8477240 Teacher date of birth: 27 August 1962 NCTL case reference: 10745 Date of determination: 24 February 2017 Former employer: Ryde Junior School, Isle of Wight A. Introduction A professional conduct panel (“the panel”) of the National College for Teaching and Leadership (“the National College”) convened on 20 – 24 February 2017 at 53 to 55 Butts Road, Earlsdon Park, Coventry CV1 3BH to consider the case of Johanna McKay. The panel members were Mr Martin Greenslade (lay panellist – in the Chair), Ms Jean Carter (lay panellist), and Mr Ian Carter (teacher panellist). The legal adviser to the panel was Mr Robin Havard of Blake Morgan LLP, solicitors. The presenting officer for the National College was Mr Peter Lownds of Counsel, instructed by Nabarro LLP. Ms Johanna McKay joined the proceedings via Skype and was assisted by her colleague, Individual F. Other than those parts of the hearing which took place in private when the panel was hearing evidence of a sensitive nature, the hearing took place in public. The entire hearing was recorded. The panel’s decision was announced in public. 4 B. Allegations The panel considered the allegations set out in the Notice of Proceedings dated 2 October 2014. It was alleged: That Ms Johanna McKay was guilty of unacceptable professional conduct and/or conduct that may bring the profession into disrepute in that: Whilst employed at Ryde Junior School (“the School”), Isle of Wight, between 2005 and 2013, she: 1. Attended work under the influence of alcohol on one or more occasions including: a. 13 December 2005; b. 14 June 2012; 2. In around November 2012, spoke to a parent (Witness C) who was at the time with pupils (Witness C’s children) and their friends near the School, she: a. Smelt of alcohol, b. Appeared distressed, c. Told her that: i. ‘[Redacted]’, ii. ‘[Redacted]’, iii. ‘[Redacted]’, iv. ‘[Redacted]’, d. [Redacted]; 3. Withdrawn; 4. Told a colleague, Witness A, that she had leukaemia when she did not; 5. Told a colleague, Witness B, that she had ME when she did not; 6. Her actions at 3, 4, and 5 above were dishonest; 5 That she had been convicted of the following relevant offences, in that: 7. On 15 March 2005, at Isle of Wight Magistrates Court she was convicted of driving a motor vehicle with excess alcohol and failing to stop after an accident on 8 March 2005. She was sentenced to a community rehabilitation order for 12 months (subsequently revoked) and disqualification from driving for 28 months. She was ordered to pay costs of £70.00; 8. On 26 June 2009, at Isle of Wight Magistrates Court she was convicted of driving a motor vehicle with excess alcohol on 14 June 2009 to 15 June 2009. She was sentenced to a community rehabilitation order 12 months unpaid work requirement 150 hours and disqualification from driving 36 months. Ms McKay denied allegations 1 to 6, and therefore also denied that she was guilty of unacceptable professional conduct or of conduct which may bring the profession into disrepute. Whilst Ms McKay admitted the facts of allegations 7 and 8, she denied that they amounted to the commission of relevant offences. C. Preliminary applications Application for anonymisation of witnesses In the NCTL bundle, there was a list of three witnesses who were to be anonymised. Witness A and Witness B, both of whom were adults and the presenting officer volunteered that there was no basis on which there was a requirement for either to be anonymised. However, with regard to Witness C who features in allegation 2, the panel concluded that it was in the interests of justice that she should be anonymised. Were she not to be anonymised, there was a risk that Witness C's children, who had been pupils at the school, could be identified. Ms McKay made an application that she should be anonymised along with the two witnesses she intended to call. The panel concluded that it would not be in the interests of justice, or indeed the public interest, for Ms McKay to be anonymised as she was the subject of the allegations and the decision of the panel would be made in public. As for the two witnesses, it was considered to be in the interests of justice that one of the witnesses, Witness D, should be anonymised as the evidence he may be required to provide to the panel was of a highly sensitive and personal nature which could adversely affect the private life of Witness D. 6 The other witness, Witness E, may have to provide sensitive evidence in respect of Ms McKay but it was not felt by the panel that it was in the interests of justice for Witness E to be anonymised even though his evidence may have to be heard in private. Application for the hearing to take place in private Ms McKay applied for the hearing to be in private as the evidence in support of certain of the allegations, and the explanations which she may be required to provide to the panel, involved highly sensitive details of her personal life and also touched on her medical condition. The panel was sympathetic to the application and decided that it was in the interest of justice that any evidence which touched on Ms McKay's medical history would be heard in private. Amendment of allegations The presenting officer applied for an amendment to allegation 4 such that instead of referring to Mr A, it would now refer to Witness A. In respect of allegation 5, it would now refer to Witness B as opposed to Mr B. The panel granted the applications. At the beginning of the second day of the hearing, the presenting officer informed the panel that he would wish to withdraw allegation 3. The panel noted that the NCTL would not be pursuing that allegation against Ms McKay. 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 7 Section 2: Notice of Proceedings and Response – pages 9 to 17a Section 3: NCTL witness statements – pages 18 to 41 Section 4: NCTL documents – pages 43 to 93 Section 5: Teacher documents – pages 95 to 366 In addition, following an application on the part of the presenting officer, the panel agreed to accept the following: Three missing pages from the statement of Witness B (page numbers 19, 23 and 24). 7 An email from Ms McKay to Witness F of 15 June 2012 (page 47a). An email from Individual A to Witness B of 5 December 2012 (page 64a). A letter from Witness B to Ms McKay dated 17 December 2012 (pages 64b and 65). In addition, the NCTL applied for leave from the panel to introduce a letter from Nabarro LLP to Individual E of 10 February 2017 (pages 367 to 368) and a report from Individual E to Nabarro LLP of 16 February 2017 (pages 369 to 370). Prior to giving evidence, Ms McKay provided a two-page response (pages 371 to 372). The panel allowed all the additional documents into evidence. 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 the presenting officer:  Witness B, Head of the Junior School at Ryde School, Isle of Wight;  Witness F, Senior Teacher at Ryde School, now retired;  Witness A, Deputy Head Teacher at Ryde School;  Witness C, Parent, who gave evidence via Skype. The panel heard oral evidence from the following witnesses called by Ms McKay  Witness D  Witness E  Ms McKay also gave evidence on her own account. E. Decision and reasons The panel announced its decision and reasons as follows: The panel had carefully considered the case before it and had reached a decision. The panel confirmed that it had read all the documents provided in the bundle in advance of the hearing. 8 Brief Summary Ryde School ("the School") is an independent school and pupils range from age 3 to 18 years. There are approximately 760 pupils at the School incorporating prep school, juniors and seniors. Of the total, some 244 pupils are enrolled at the junior school. Ms McKay had taught at the School for a number of years. She was a class teacher for year 5 and was in charge of ICT, drama and productions. She would also help out with extra-curricular activities. On 14 June 2012, Ms McKay attended school and her behaviour was such that she was considered unfit to teach and was sent home. Ms McKay was suspended and her conduct was investigated. At the conclusion of a series of investigations, and also a period during which Ms McKay suffered from ill health, by a letter of 12 April 2013, Ms McKay was informed that her suspension had been lifted and that Ms McKay would not be the subject of a disciplinary hearing. On 17 June 2013, Ms McKay attended a hearing at the School at the conclusion of which the Head of Junior School, Witness B, resolved that there had been a loss of trust and confidence in Ms McKay as an employee and her employment was terminated. Ms McKay was informed of Witness B's decision by a letter of 21 June 2013. Findings of fact Our findings of fact are as follows: The panel found the following allegations against you proven, for these reasons: Whilst employed at Ryde Junior School (“the School”), Isle of Wight, between 2005 and 2013: That you are guilty of unacceptable