Ms Kim Connor

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

Teacher's name: Ms Kim Connor

Teacher reference number: 9553592

Teacher's date of birth: 13 December 1973

Location teacher worked: Manchester England

Date of professional conduct panel: 14 October 2022

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 Kim Connor, formerly employed in Manchester England.

Teacher misconduct

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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 Kim Connor: Professional conduct panel outcome Panel decision and reasons on behalf of the Secretary of State for Education October 2022 2 Contents Introduction 3 Allegations 4 Preliminary applications 4 Summary of evidence 7 Documents 7 Witnesses 7 Decision and reasons 7 Findings of fact 9 Panel’s recommendation to the Secretary of State 11 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 Kim Connor Teacher ref number: 9553592 Teacher date of birth: 13 December 1973 TRA reference: 19556 Date of determination: 14 October 2022 Former employer: St Monica’s RC High School, Greater Manchester Introduction A professional conduct panel (‘the panel’) of the Teaching Regulation Agency (‘the TRA’) convened on 14 October 2022 by way of a virtual hearing, to consider the case of Ms Kim Connor. The panel members were Mr Paul Hawkins (lay panellist – in the chair), Mr Terry Hyde (former teacher panellist) and Ms Jo Palmer-Tweed (teacher panellist). The legal adviser to the panel was Ms Natalie Kent of Birketts LLP solicitors. The presenting officer for the TRA was Ms Amalea Bourne of Browne Jacobson solicitors. Ms Connor was not present and was not represented. The hearing took place by way of a virtual hearing in public and was recorded. 4 Allegations The panel considered the allegations set out in the notice of proceedings dated 2 August 2022. It was alleged that Ms Connor was guilty of having been convicted of a relevant offence, in that: 1. On or around 5 March 2020 she was convicted at Minshull Street Crown Court of the following offences; a) Abuse of Position of Trust: Sexual Activity with a female aged 13-17 where she did not believe the victim was over the age of 18 on 30/09/04 - 31/12/04 contrary to the Sexual Offences Act 2003 s.16(1)(e)(i) for which she was sentenced on 07 July 2020 to 9 months imprisonment and placed on the Sex Offenders Notice for a period of 10 years. b) Abuse of Position of Trust: Sexual Activity with a female aged 13-17 where she did not believe the victim was over the age of 18 on 30/09/04 – 31/12/04 contrary to the Sexual Offences Act 2003 s.16(1)(e)(i) for which she was sentenced on 07 July 2020 to 9 months imprisonment concurrent. c) Abuse of Position of Trust: Sexual Activity with a female aged 13-17 where she did not believe the victim was over the age of 18 on 30/09/04 – 31/12/04 contrary to the Sexual Offences Act 2003 s.16(1)(e)(i) for which she was sentenced on 07 July 2020 to 9 months imprisonment concurrent. d) Abuse of Position of Trust: Causing/inciting a female aged 13-17 to engage in sexual activity when she did not believe the victim was over the age of 18 on 30/09/04 – 31/12/04 contrary to Sexual Offences Act 2003 s.17(1)(e)(i) for which she was sentenced on 07 July 2020 to 9 months imprisonment concurrent. e) Abuse of Position of Trust: Causing/inciting a female aged 13-17 to engage in sexual activity when she did not believe the victim was over the age of 18 on 30/09/04- 31/12/04 contrary to Sexual Offences Act 2003 s. 17(1) (e) (i) for which she was sentenced on 07 July 2020 to 9 months imprisonment concurrent. f) Abuse of Position of Trust: Causing/inciting sexual activity with a female aged 13- 17 when she did not believe the victim was over the age of 18 on 30/09/04 – 31/12/04 contrary to Sexual Offences Act 2003 s.17(1)(e)(i) for which she was sentenced on 07 July 2020 to 9 months imprisonment concurrent. 5 Ms Connor admitted the facts of allegations 1(a) to (f) as set out in the response to the notice of referral dated 12 May 2022, and the statement of agreed facts signed by Ms Connor on 4 October 2022, although Ms Connor had previously denied the allegations. Ms Connor further admitted that the facts of those admitted allegations amounted to a conviction of a relevant offence. Preliminary applications Application to proceed in the absence of the teacher Ms Connor was not present at the hearing nor was she represented. The presenting officer made an application to proceed in the absence of Ms Connor. The panel accepted the legal advice provided in relation to this application and took account of the various factors referred to in it, as derived from the guidance set down in the case of R v Jones [2003] 1 AC 1 (as considered and applied in subsequent cases, particularly GMC v Adeogba). The panel was satisfied that the Notice of Proceedings had been sent to Ms Connor in accordance with the Teacher misconduct: Disciplinary procedures for the teaching profession May 2020 (the ‘2020 Procedures’). The panel concluded that Ms Connor’s absence was voluntary and that she was aware that the matter would proceed and that the panel may make findings against in her absence. The panel noted that Ms Connor had not sought an adjournment to the hearing and the panel did not consider that an adjournment would procure her attendance at a hearing. There was no medical evidence before the panel that Ms Connor was unfit to attend the hearing. The panel considered that it was in the public interest for the hearing to take place. Having decided that it was appropriate to proceed, the panel agreed to seek to ensure that the proceedings wer e as fair as possible in the circumstances, bearing in mind that Ms Connor was neither present nor represented. Application to admit additional documents The panel considered a preliminary application from the presenting officer for the admission of additional documents. 6 The presenting officer’s documents consisted of correspondence with the teacher in respect of the TRA’s applications to proceed in the absence of the teacher and to amend the allegations. The documents subject to the application had not been served in accordance with the requirements of paragraph 5.37 of the 2020 Procedures. Therefore, the panel was required to decide whether the documents should be admitted under paragraph 5.34 of the 2020 Procedures. The panel heard representations from the presenting officer in respect of the application. The presenting officer submitted that the additional documents demonstrate that Ms Connor will not be attending and that she understands the repercussions of non- attendance and that these documents were therefore relevant to the panel’s considerations. The additional documents also evidence Ms Connor’s agreement to the amendment to the allegation as dealt with in the presenting officer’s further application. The panel considered the additional documents were relevant and that they would not amount to unfairness to the teacher. Accordingly, the documents were added to the bundle. Application to amend allegations The presenting officer made an application to amend the stem of the allegations to change the date of conviction from 7 July 2020 to 5 March 2020. The panel noted that Ms Connor had been informed of the proposed change to the allegations. The panel was advised that it had the power to amend allegations in accordance with paragraph 5.83 of the 2020 Procedures. The panel considered that the proposed amendment would not change the nature and scope of the allegations and that the amendment was to rectify a factual matter. As such, the panel considered that the proposed amendment did not amount to a material change to the allegations. The legal adviser drew the panel’s attention to the case of Dr Bashir Ahmedsowida v General Medical Council [2021] EWHC 3466 (Admin), 2021 WL 06064095 which held that the lateness of amendments did not necessarily mean they were unjust, as acknowledged in the previous case of Professional Standards Authority v Health and Care Professions Council and Doree [2017] EWCA Civ 319 at [56]. Accordingly, the panel did grant this application and considered the amended allegations. 7 Summary of evidence Documents In advance of the hearing, the panel received a bundle of documents which included: • Section 1: Chronology – page 4 • Section 2: Notice of referral, response and notice of hearing – pages 6 to 49 • Section 3: Statement of agreed facts – pages 51 to 55 • Section 4: Teaching Regulation Agency documents – pages 57 to 79 • Section 5: Teacher documents – none provided In addition, the panel agreed to accept the following: • Additional correspondence between the TRA and the teacher – pages 80 to 109 The panel members confirmed that they had read all of the documents within the bundle, in advance of the hearing and the additional documents that the panel decided to admit. Witnesses No witnesses were called to provide oral evidence at the hearing. Decision and reasons The panel announced its decision and reasons as follows: The panel carefully considered the case before it and reached a decision. Ms Connor was employed as a performing arts teacher at St Monica’s RC High School (‘the School’) from 1996 until 2015. In 2015, Ms Connor taught for one term at Stockport Academy before returning to the School in 2016, where she worked up until March 2018 when she was suspended. Between 30 September 2004 and 31 December 2004, alleged sexual misconduct took place between Ms Connor and a pupil when the pupil was [REDACTED]. The relationship continued and ended when the pupil was [REDACTED]. As a result of the above, on 5 March 2020, a criminal trial took place and Ms Connor was convicted of 3 counts of sexual activity with a child in a position of trust and 3 counts of causing or inciting a child by a person in a position of trust to engage in sexual activity. 8 Ms Connor was later sentenced to 9 months imprisonment to run concurrently as well as being placed on the sexual offenders register for 10 years. The DBS referred the matter to the TRA on 5 October 2020.