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
0636898
Teacher's date of birth:
7 February 1984
Location teacher worked:
Derby, East Midlands
Date of professional conduct panel:
12 to 13 November 2018
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 Laurie Elizabeth Softley formerly employed in Derby, East Midlands.
Date of Birth
7 February 1984
Location teacher worked:
Derby, East Midlands
Date of professional conduct panel:
12 to 13 November 2018
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 Laurie Elizabeth Softley formerly employed in Derby, East Midlands.
Location Employed
Derby, East Midlands
Date of professional conduct panel:
12 to 13 November 2018
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 Laurie Elizabeth Softley formerly employed in Derby, East Midlands.
Professional Panel Date
12 to 13 November 2018
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 Laurie Elizabeth Softley formerly employed in Derby, East Midlands.
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 Ms Laurie Elizabeth Softley formerly employed in Derby, East Midlands.
Decision Published Date
9 January 2019
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 reference number:
0636898
Teacher's date of birth:
7 February 1984
Location teacher worked:
Derby, East Midlands
Date of professional conduct panel:
12 to 13 November 2018
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 Laurie Elizabeth Softley formerly employed in Derby, East Midlands.
The proceedings were held at Cheylesmore House, 5 Quinton Road, Coventry, CV1 2WT at 9.30am on 12 to 13 November 2018.
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.
Full PDF Document Transcript Search
Ms Laurie Elizabeth
Softley: Professional
conduct panel outcome
Panel decision and reasons on behalf of the
Secretary of State for Education
November 2018
2
Contents
A. Introduction 3
B. Allegations 4
C. Preliminary applications 4
D. Summary of evidence 6
Documents 6
Witnesses 6
E. Decision and reasons 7
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 Laurie Elizabeth Softley
Teacher ref number: 0636898
Teacher date of birth: 7 February 1984
TRA reference: 16913
Date of determination: 13 November 2018
Former employer: Ecclesbourne School ("the School"), Belper
A. Introduction
A professional conduct panel (“the panel”) of the Teaching Regulation Agency (“the
TRA”) convened on 12 and 13 November 2018 at Cheylesmore House, 5 Quinton Road,
Coventry, CV1 2WT to consider the case of Ms Laurie Elizabeth Softley
The panel members were Ms Jean Carter (lay panellist – in the chair), Mr Paul Hawkins,
(teacher panellist) and Mr Tony James, (former teacher panellist).
The legal adviser to the panel was Mr Matthew Corrie, barrister, of Blake Morgan LLP.
The presenting officer for the TRA was Ms Naomh Gibson of Browne Jacobson LLP.
Ms Softley was not present and was not represented.
The hearing took place in public and was recorded.
4
B. Allegations
The panel considered the allegation(s) set out in the Notice of Proceedings dated 28
August 2018.
It was alleged that Ms Softley was guilty of unacceptable professional conduct and/or
conduct that may bring the profession into disrepute in that:
Whilst employed as a Teacher of Music at the Ecclesbourne School ("the School") from 1
September 2007 to 8 September 2017
1. On or around 23 May 2008, you failed to maintain appropriate professional
boundaries with Pupil A, including by:
a. Inviting and/or allowing Pupil A to visit your home address on one or more
occasions;
b. Engaging in sexual intercourse and/or sexual contact with Pupil A while he
remained on the pupil roll of the School on one or more occasions.
2. You engaged in an inappropriate relationship with Pupil B:
a. By inviting and/or allowing Pupil B to visit your home address on one or
more occasions;
b. By engaging in sexual activity with Pupil B on one or more occasions;
c. Despite the final written warning you received on or around 11 September
2008 in relation to your conduct towards Pupil A.
3. Your actions as may be found proven at Allegation (s) 1 and/or 2 above were
sexually motivated.
In the absence of a response from Ms Softley this panel takes the allegations not to have
been admitted and to require proof.
C. Preliminary applications
Ms Softley did not attend and an application was made to proceed in her absence
pursuant to paragraphs 4.27 – 4.29 of the Teacher Misconduct: disciplinary procedures
for the teaching profession ("The disciplinary procedures").
The panel considered and accepted the advice of the legal advisor.
The panel was satisfied that the Notice of Proceedings had been sent to Ms Softley by
first class post as required and that the notice contained the information required by
paragraph 4.11 of the disciplinary procedures. Further, the panel was satisfied that the 5
change of venue had been notified to Ms Softley by letter dated 12 October 2018 which
was sent to Ms Softley's last known address by first class post. The panel was further
satisfied that Ms Softley was aware of proceedings based upon her email dated 16
October 2018 in which she acknowledged receipt of correspondence sent by Browne
Jacobson on behalf of the TRA.
In its consideration of whether to exercise its discretion under paragraph 4.29 of the
disciplinary procedures the panel took the view that it was in the interests of justice for
the hearing to proceed.
The panel considered that by not attending today's hearing Ms Softley had voluntarily
absented herself from the proceedings. Additionally, given that there was no reason
provided for Ms Softley's non-attendance, the panel has no reason to consider that an
adjournment would be likely to secure Ms Softley's attendance at a future date. The
panel also took into consideration the general public interest that the hearing takes place
within a reasonable time and was mindful that the subject matter of the allegations dates
back to 2008 and 2013 respectively. Further, the panel also took into account that three
witnesses were in attendance.
The panel considered an application made by Ms Gibson under paragraph 4.19 of the
disciplinary procedures that three further documents be admitted to the bundle:
1) A letter from the TRA to Ms Softley dated 12 October 2018. This letter notified Ms
Softley of the change in venue of the hearing.
The panel considered that this letter was relevant to the issue of whether Ms Softley had
been notified of the change in venue. The panel noted that Ms Softley had previously
been sent this letter and did not consider its admission to be prejudicial to her. The letter
was admitted into the evidence before the application to proceed in absence was made.
2) A letter from Browne Jacobson to Ms Softley dated 11 January 2018. This letter
contained the original allegations sent to Ms Softley for a response.
Already within the bundle was Ms Softley's response to this letter dated 8 February 2018,
within which some admissions were made. The panel considered that the letter was
relevant in order to understand properly Ms Softley's response. Moreover, as Ms Softley
had previously been sent the letter the panel did not consider that any prejudice was
caused to her by the letter being admitted and so allowed the application.
3) Page 1 of a letter from the School to Ms Softley dated 6 March 2013 containing
details of a previous warning issued to Ms Softley.
Already in the bundle was page 2 of this letter and the panel considered that the
document was relevant to put this into context and to provide background evidence of Ms
Softley's record as a teacher. It was clear that Ms Softley had previously been sent this
document and so its admission was not prejudicial. The panel allowed the application. 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 - 4
Section 2: Notice of Proceedings and Response – pages 6 to 9
Section 3: Teaching Regulation Agency witness statements – pages 11 to 20
Section 4: Teaching Regulation Agency documents – pages 22 to 160
Section 5: Teacher documents – pages 162 to 167
In addition, the panel agreed to accept the following into evidence:
• Letter from TRA to Ms Softley dated 12 October 2018, inserted at page 168;
• Letter from Browne Jacobson to Ms Softley dated 11 January 2018, inserted at
page 169 - 170;
• Page 1 of a letter from the School to Ms Softley dated 6 March 2013, inserted at
page 37a.
The panel members confirmed that they had read all of the documents in advance of the
hearing.
Witnesses
The panel heard oral evidence from:
i. Pupil A;
ii. Pupil B;
iii. Individual A, headteacher of the School.
For a short period during panel questioning of Pupil B the panel decided that the hearing
would be in private session due to the questions being asked about matters related to
Pupil B's health.
Ms Gibson applied for part of [redacted] evidence to be in private session as there were
questions related to Ms Softley's health. The panel allowed this application.
Ms Softley was not present and did not give evidence. 7
E. Decision and reasons
The panel announced its decision and reasons as follows:
The panel has carefully considered the case before us and have reached a decision.
The panel confirms that it has read all the documents provided in the bundle in advance
of the hearing.
Ms Softley was employed at the School as a music teacher from 1 September 2007 until
8 September 2017. The allegations relate to two separate courses of events which took
place approximately seven years apart.
In relation to Pupil A it is alleged by the TRA that Ms Softley failed to maintain
appropriate professional boundaries in that on 23 May 2008 she had penetrative sexual
intercourse and performed a sex act upon Pupil A.
Pupil A was, at the material time, [redacted] on the School's roll. Ms Softley had been
Pupil A's music teacher.
The context within which this is alleged to have taken place is that Ms Softley had
contacted Pupil A via Facebook and had arranged to meet up in a pub. Thereafter, Ms
Softley and Pupil A returned to Ms Softley's address and the incident is alleged to have
happened there.
Although it is unclear exactly how the incident came to light within the School, there was
an internal investigation during which Ms Softley admitted that sexual activity had
occurred between her and Pupil A. On 11 September 2008 Ms Softley was issued with a
final written warning for gross misconduct.
In relation to Pupil B it is alleged by the TRA that the Ms Softley engaged in an
inappropriate relationship with Pupil B.
Pupil B was, at the material time, [redacted]. Ms Softley was, at the material time, Pupil
A's music teacher.
In summary, sometime before Christmas 2013 Ms Softley is alleged to have contacted
Pupil B by text message and arrangments were made for him to attend her home
address. Ms Softley is asserted to have collected Pupil B in her car and driven him to her
address where it is alleged that they drank some alcoholic drinks and at some stage Ms
Softley kissed Pupil B. Thereafter, Ms Softley fell asleep and Pupil B left in a taxi. It is
alleged that there was a second occasion, on a date unknown either just before or after
Christmas 2013, when Ms Softley contacted Pupil B by text message and asked him to
attend her home address. The TRA's case is that Pupil B attended in a taxi and that on
this occasion both Ms Softley and Pupil B had some alcoholic drinks. During the period
that Pupil B was there Ms Softley is alleged to have taken off her top and trousers, Pupil 8
B is alleged to have digitally penetrated Ms Softley but no penetrative sexual intercourse
took place. Pupil B is alleged to have returned home in a taxi.
An investigation took place within the School after a teacher overheard pupils discussing
rumours about an inappropriate relationship between Ms Softley and Pupil B. During the
course of this investigation both Ms Softley and Pupil B denied any sexual activity or
anything else inappropriate had occurred between them. Further, the investigation sought
accounts from other pupils at the School but no direct evidence was unearthed and the
matter was closed with no further action.
In 2017 Pupil B told [redacted] he was being treated by that he had engaged in sexual
behaviour with Ms Softley. The [redacted] raised this matter with the appropriate
authorities as a safeguarding issue. As a result of this on 3 March 2017 a strategy
meeting was convened by the Lead Authority Designated Officer. ("LADO"). Following
this meeting, the police conducted an investigation which included an interview with Ms
Softley, no criminal proceedings ensued. At the conclusion of the police involvement the
School conducted its own investigation and Ms Softley's employment ended when she
resigned on 8 September 2017. The School made a referral to the TRA and the
Disclosure and Barring Service.
Findings of fact
Our findings of fact are as follows:
The panel has found the following particulars of the allegations against you proven on the
balance of probabilities:
i. Allegation 1.a.;
ii. Allegation 1.b.;
iii. Allegation 2.a.;
iv. Allegation 2.b.;
v. Allegation 2.c.;
vi. Allegation 3.
In relation to allegations 1.a. and b. the panel finds that on or around 23 May 2008 Ms
Softley and Pupil A returned to Ms Softley's home address following meeting up earlier in
a pub. The panel finds that whilst at the property Ms Softley and Pupil A engaged in
consensual sexual activity which included penetrative sex and Ms Softley performing oral
sex on Pupil A. The panel finds that both Ms Softley and Pupil A had consumed alcoholic
drinks on this occasion. The panel also finds that on this date Pupil A was on the
School's roll. 9
Given that Pupil A was, at the material time, on the School's roll and that Ms Softley had
been his teacher it follows that the panel considers that Ms Softley transgressed the
appropriate professional boundaries that are meant to exist between a teacher and a
pupil.
The panel considered that Pupil A's evidence was credible and accepted his account. In
reaching this view the panel took into account that Pupil A was able to provide a detailed
description of Ms Softley's property and that this was consistent with Ms Softley's police
interview. The panel also took into account that Ms Softley had admitted in the School's
internal investigation that she and Pupil A had engaged in sexual activity and that during
her police interview she had explicitly admitted that they had had sex. Moreover, in the
response to the allegations Ms Softley stated that she had failed to maintain appropriate
professional boundaries with Pupil A.
The panel accepted the evidence of Individual A and from Pupil A that Pupil A was on the
School's roll until August 2007.
With regard to allegations 2.a. and b. the panel finds that on an unknown date before
Christmas 2013 Ms Softley contacted Pupil B by text message and made arrangements
to come and collect him in her car and that thereafter they attended her home address.
Whilst there Ms Softley and Pupil B had some alcoholic drinks and Ms Softley initiated a
kiss with Pupil B. Thereafter, she fell asleep and Pupil B took a taxi home. On a later
occasion on an unknown date either just before or after Christmas 2013 Ms Softley
initiated further contact with Pupil B by text message and made arrangements for him to
attend her home address (which was at a different property to the previous occasion).
Whilst at her home both Ms Softley and Pupil B had some alcoholic drinks and at some
stage Ms Softley took her top and trousers off and Pupil B digitally penetrated her. Pupil
B returned home in a taxi in the early hours of the morning.
Given that Pupil B was, at the material time, a pupil at the School and that Ms Softley had
been his teacher, it follows that the panel considers that Ms Softley transgressed the
appropriate professional boundaries that are meant to exist between a teacher and a
pupil. The panel considers the relationship to have been inappropriate.
The panel noted that Ms Softley had denied that any relationship took place between her
and Pupil B both during the School's internal investigation in 2013 and in her
representations dated 8 February 2018. The panel notes that Ms Softley was not present
at the hearing and so her account was not tested in cross-examination.
The panel accepted Pupil B's account as credible. The panel noted that during the
School's internal investigation in 2013 Pupil B had denied any relationship had occurred
but accepted his account in oral evidence that the reason for this was that at the time he
did not want for the matter to become public. The panel also considered his account in
oral evidence that when he had disclosed it to the [redacted] he had not intended for the
allegations to become public and that he was upset when he was informed that a 10
disclosure would be made. The panel also considered that Pupil's B's account of the
layout of Ms Softley's home addresses and the names of those who shared the
properties with her was consistent with her police interview.
In relation to allegation 2.c. the panel accepted evidence from Individual A that Ms
Softley was issued a final written warning on 11 September 2007 in respect of her
actions with Pupil A.
In respect of allegation 3., the panel was satisfied, on the balance of probabilities, that Ms
Softley's actions at allegations 1. and 2. were sexually motivated. In reaching this
decision the panel took account of its findings that sexual activity had taken place
between Ms Softley and each of the pupils. The panel considered whether there was any
other reasonable explanation other than that Ms Softley's actions were sexually
motivated and concluded, on the balance of probabilities, that there was not.
Findings as to unacceptable professional conduct and/or conduct that
may bring the profession into disrepute
Having found all of the allegations to have been proven, the panel has gone on to
consider whether the facts of those proven allegations amount to unacceptable
professional conduct and/or conduct that may bring the profession into disrepute.
In doing so, the panel has had regard to the document Teacher Misconduct: The
Prohibition of Teachers, which the panel refers to as “the Advice”.
The panel is satisfied that the conduct of Ms Softley in relation to the facts found proven,
involved breaches of the Teachers’ Standards. The panel considers that by reference to
Part Two, Ms Softley 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
o treating pupils with dignity, building relationships rooted in mutual respect, and
at all times observing proper boundaries appropriate to a teacher’s
professional position;
o having regard for the need to safeguard pupils’ well-being, in accordance with
statutory provisions;
• Teachers must have an understanding of, and always act within, the statutory
frameworks which set out their professional duties and responsibilities.
The panel is satisfied that the conduct of Ms Softley amounts to misconduct of a serious
nature which fell significantly short of the standards expected of the profession. In
reaching this conclusion the panel has considered the following:
• That Ms Softley had initiated and engaged in sexual activity with both Pupil A and
Pupil B; 11
• That at the material times Ms Softley was both of the pupils' music teacher;
• That Ms Softley's actions were a serious transgression of the professional
boundaries that are meant to exist between pupils and teachers;
• That despite having received a warning for her conduct in relation to Pupil A in
2008, there was a repetition of this type of behaviour in 2013 in respect of Pupil B;
Accordingly, the panel is satisfied that Ms Softley is guilty of unacceptable professional
conduct.
In reaching its decision the panel has concluded that there are no mitigating
circumstances which exist in relation to the facts of the proven allegations.
The panel has taken into account how 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 has taken account of the uniquely influential role that teachers can
hold in pupils’ lives and that pupils must be able to view teachers as role models in the
way they behave.
The findings of misconduct are serious and the conduct displayed would likely have a
negative impact on the individual’s status as a teacher, potentially damaging the public
perception.
The panel therefore finds that Ms Softley's actions constitute conduct that may bring the
profession into disrepute.
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 is 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 has to consider whether it is an appropriate and proportionate
measure, and whether it is in the public interest to do so. Prohibition 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 has considered the particular public interest considerations set out in the
Advice and having done so has found a number of them to be relevant in this case,
namely:
• The protection of pupils and other members of the public; 12
• The maintenance of public confidence in the profession;
• Declaring and upholding proper standards of conduct.
The panel considers that the following mitigating features exist:
• No previous regulatory findings;
• Ms Softley's abilities as a music teacher.
The panel considers that the following aggravating features exist:
• Ms Softley's actions were deliberate and sexually motivated;
• Ms Softley initiated and engaged, on separate occasions, in sexual activity with
both Pupil A and Pupil B;
• Ms Softley's conduct in engaging in inapproporiate sexual activity was repeated
and on each occasion followed a similar pattern; Moreover, that despite having
received a warning for her conduct towards Pupil A in 2008, Ms Softley went on to
act in a similar way in respect of Pupil B;
• As recognised by both Pupil A and B in their evidence Ms Softley abused her
position of trust in exploiting the power imbalance between herself and the pupils.
• There was little or no evidence that Ms Softley had any insight into her actions;
• Ms Softley's disciplinary record at the School. Whilst the factual background to
these incidents is separate and different to the proven allegations, the panel
considers that this history is indicative of previous failures to act in accordance
with required standards of conduct;
• Both pupils identified that the incidents had had an adverse effect upon them.
In light of the panel’s findings against Ms Softley, which involved her engaging in sexual
activity on separate occasions with two different pupils, there is a strong public interest
consideration in respect of the protection of pupils.
Similarly, the panel considers that public confidence in the profession could be seriously
weakened if conduct such as that found against Ms Softley was not treated with the
utmost seriousness when regulating the conduct of the profession.
The panel considers that a strong public interest consideration in declaring proper
standards of conduct in the profession was also present as the conduct found against Ms
Softley was outside that which could reasonably be tolerated. 13
In the light of these factors the panel balanced the interests of Ms Softley in maintaining
her career and the public interest of retaining a talented teacher against the public
interest of maintaining confidence in and upholding and declaring proper standards within
the profession. It was noted that in her letter dated 8 February 2018 that Ms Softley
stated that she has left the profession and has no intention of returning to teaching.
The panel considers that publication of the decision alone would be inadequate to meet
the public interest. Given the serious nature of the conduct, the panel considers that
applying the standard of the ordinary, intelligent citizen, recommending no prohibition
order is likely to compromise public confidence in the profession. Therefore, a prohibition
order is both proportionate and necessary in order to protect the public interest because:
• Of the serious departure from the personal and professional conduct elements of
the Teachers' Standards;
• The repeated transgression of the professional boundaries that are meant to exist
between a teacher and a pupil;
• Ms Softley initiated and engaged in sexual activity, on separate occasions, with
Pupil A and Pupil B.
Accordingly, the panel makes 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 of the Advice
that a prohibition order applies for life. However, 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 Advice indicates that there are behaviours that, if proven, would militate against a
review period being recommended. One of these behaviours is serious sexual
misconduct where the act was sexually motivated and resulted in, or had the potential to
result in, harm to a person or persons, particularly where the individual has used their
professional position to influence or exploit a person or persons. The panel has found
that Ms Softley has engaged in sexual activity with two pupils. This conduct had the
potential to cause harm to Pupils A and B and both gave evidence of the adverse effect it
had had upon them. Moreover, the panel consider that Ms Softley has not provided any
satisfactory evidence of insight.
The panel was of the view that 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 provisions for a
review period. 14
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 conduct that may bring
the profession into disrepute
The panel has made a recommendation to the Secretary of State that Ms Softley should
be the subject of a prohibition order, with no provision for a review period.
In particular, the panel has found that Ms Softley 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
o treating pupils with dignity, building relationships rooted in mutual respect, and
at all times observing proper boundaries appropriate to a teacher’s
professional position;
o having regard for the need to safeguard pupils’ well-being, in accordance with
statutory provisions;
• Teachers must have an understanding of, and always act within, the statutory
frameworks which set out their professional duties and responsibilities.
The panel finds that the conduct of Ms Softley fell significantly short of the standards
expected of the profession.
The findings of misconduct are particularly serious as they include a finding of sexual
misconduct.
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 Softley, and the impact that will have
on her, is proportionate and in the public interest. 15
In this case, I have considered the extent to which a prohibition order would protect
children. The panel has observed, “ Ms Softley initiated and engaged, on separate
occasions, in sexual activity with both Pupil A and Pupil B” and “Ms Softley's conduct in
engaging in inapproporiate sexual activity was repeated and on each occasion followed a
similar pattern; Moreover, that despite having received a warning for her conduct towards
Pupil A in 2008, Ms Softley went on to act in a similar way in respect of Pupil B.”
A prohibition order would therefore prevent such a risk from being present in the future. I
have also taken into account the panel’s comments on insight and remorse, which the
panel sets out as follows, “that Ms Softley has not provided any satisfactory evidence of
insight.”
In my judgement, the lack of insight means that there is some risk of the repetition of this
behaviour and this puts at risk the future well being of pupils. I have therefore given this
element considerable weight in reaching my decision.
I have gone on to consider the extent to which a prohibition order would maintain public
confidence in the profession. The panel observe, “The findings of misconduct are
serious and the conduct displayed would likely have a negative impact on the individual’s
status as a teacher, potentially damaging the public perception.”
I am particularly mindful of the finding of sexual misconduct towards pupils 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 “ordinary intelligent and well-informed
citizen.”
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 Softley herself. The panel
say they have considered, “Ms Softley's disciplinary record at the School. Whilst the
factual background to these incidents is separate and different to the proven allegations,
the panel considers that this history is indicative of previous failures to act in accordance
with required standards of conduct.”
A prohibition order would prevent Ms Softley from teaching and 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 panel’s comments concerning the
lack of insight or remorse. 16
I have also placed considerable weight on the finding of the panel that Ms Softley,
“initiated and engaged in sexual activity, on separate occasions, with Pupil A and Pupil
B.”
I have given less weight in my consideration of sanction therefore, to the contribution that
Ms Softley 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 that is
not backed up by remorse or insight, does 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 that no provision should be made for a review period.
I have considered the panel’s comments, “Ms Softley has engaged in sexual activity with
two pupils. This conduct had the potential to cause harm to Pupils A and B and both gave
evidence of the adverse effect it had had upon them.”
I have considered whether allowing for no 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, three factors mean that a no review period is necessary to
achieve the aim of maintaining public confidence in the profession. These elements are
the sexual misconduct found, the repeated nature of the offence and the lack of insight.
I consider therefore that allowing for no review period is necessary to maintain public
confidence and is proportionate and in the public interest.
This means that Ms Laurie Softley 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 Ms Laurie Softley 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.
Ms Laurie Softley 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
17
Date: 16 November 2018
This decision is taken by the decision maker named above on behalf of the Secretary of
State.
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