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Ms Rachel Bruce:
Professional conduct
panel outcome
Panel decision and reasons on behalf of the
Secretary of State for Education
March 2025
2
Contents
Introduction 3
Allegations 3
Preliminary applications 4
Summary of evidence 7
Documents 7
Witnesses 8
Decision and reasons 8
Findings of fact 9
Panel’s recommendation to the Secretary of State 13
Decision and reasons on behalf of the Secretary of State 17
3
Professional conduct panel decision and recommendations, and decision on
behalf of the Secretary of State
Teacher: Ms Rachel Bruce
Teacher ref number: 9736677
Teacher date of birth: 7 November 1974
TRA reference: 20062
Date of determination: 11 March 2025
Former employer: Riverside Special School, East Yorkshire
Introduction
A professional conduct panel (“the panel”) of the Teaching Regulation Agency (“the
TRA”) convened on 10 to 11 March 2025 by way of a virtual hearing, to consider the case
of Ms Rachel Bruce (“Ms Bruce”).
The panel members were Mrs Patricia Hunt (former teacher panellist – in the chair),
Ms Charlotte Kelly (lay panellist) and Mrs Cathy Logan (teacher panellist).
The legal adviser to the panel was Mrs Carly Hagedorn of Eversheds Sutherland
(International) LLP Solicitors.
The presenting officer for the TRA was Mr Adam Slack of Capsticks LLP solicitors.
Ms Bruce was not present and was not represented.
The hearing took place in public save that portions of the hearing were heard in private
and was recorded.
Allegations
The panel considered the allegations set out in the notice of proceedings dated
2 December 2024.
It was alleged that Ms Bruce was guilty of unacceptable professional conduct and/or
conduct that may bring the profession into disrepute, in that whilst employed as assistant
head teacher at Riverside Special School (“the School”):
1. On 6 November 2020, she attended a video call with Person B and/or others to
discuss the School’s response to your positive Covid-19 test result, when her 4
ability to engage with that meeting was impaired by virtue of her having
consumed alcohol or otherwise.
She has been convicted of a relevant offence, at any time, in that:
2. On 17 September 2020, she was convicted of: “On 13/06/2020 at SNAITH in
the county of East Riding of Yorkshire drove a motor vehicle [REDACTED]
after consuming so much alcohol that the proportion of it in your breath, namely
112 microgrammes of alcohol in 100 millilitres of breath, exceeded the
prescribed limit. Contrary to section 5(1)(a) of the Road Traffic Act 1988 and
Schedule 2 to the Road Traffic Offenders Act 1988”.
Ms Bruce admitted the facts of allegation 2 and denied the facts of allegation 1. Ms Bruce
did not provide a response as to whether her admitted conduct in allegation 2 amounted
to a conviction of a relevant offence.
Preliminary applications
Proceeding in Absence
The panel considered whether this hearing should continue in the absence of the
teacher.
The panel was satisfied that TRA complied with the service requirements of paragraph
19(1) (a) to (c) of the Teachers’ Disciplinary (England) Regulations 2012, (the
“Regulations”).
The panel was also satisfied that the Notice of Proceedings complied with paragraphs
5.23 and 5.24 of the Teacher misconduct: Disciplinary procedures for the teaching
profession May 2020, (the “Procedures”).
The panel has determined to exercise its discretion under paragraph 5.47 of the
Procedures to proceed with the hearing in the absence of the teacher.
The panel took at its starting point the principle from R v Jones [2003] 1 AC 1 that its
discretion to commence a hearing in the absence of the teacher has to be exercised with
the utmost care and caution, and that its discretion is a severely constrained one. In
considering the question of fairness, the panel recognised that fairness to the
professional is of prime importance but that it also encompasses the fair, economic,
expeditious and efficient disposal of allegations against the professional, as was
explained in GMC v Adeogba & Visvardis [2016] EWCA Civ 162. 5
In making its decision, the panel has noted that the teacher may waive her right to
participate in the hearing. The panel firstly took account of the various factors drawn to its
attention from the case of R v Jones [2003] 1 AC1:
i) The panel had sight of an email from Ms Bruce to the TRA’s legal
representatives dated 2 December 2024. Ms Bruce stated “I will not want or be
able to be part of a hearing [REDACTED]. The panel also had sight of an email
dated 19 December 2024 from Ms Bruce to the TRA’s legal representatives
which stated “As previously mentioned, I do not intend to attend this hearing…”
The panel also had sight of an email from Ms Bruce to the TRA’s legal
representatives dated 11 February 2025 which reconfirmed her intention not to
attend the hearing. The panel was satisfied that Ms Bruce deliberately
absented herself from the hearing. The panel therefore considered that the
teacher has waived her right to be present at the hearing in the knowledge of
when and where the hearing is taking place.
ii) The panel was not provided with any evidence to suggest that an adjournment
may result in Ms Bruce attending voluntarily. The panel noted that there was no
recent medical evidence within the bundle.
iii) Ms Bruce did not provide any details of a representative within the response to
the notice of referral form and no wish to adjourn to obtain legal representation
has been expressed.
iv) The panel noted the extent of the disadvantage to Ms Bruce in not being able
to give her account of events, having regard to the nature of the evidence
against her. However, the panel has the benefit of representations made by
Ms Bruce and is able to ascertain the lines of defence. The panel has
Ms Bruce’s evidence addressing mitigation and can take this into account at
the relevant stage. The panel noted that all witnesses relied upon are to be
called to give evidence and the panel can test that evidence in questioning
those witnesses, considering such points as are favourable to the teacher, as
are reasonably available on the evidence. The panel is also able to exercise
vigilance in making its decision, taking into account the degree of risk of the
panel reaching the wrong decision as a result of not having heard the teacher’s
account.
v) The panel also considered the risk of reaching an improper conclusion about
the absence of the teacher. The panel noted Ms Bruce’s emails of 2 and 19
December 2024, whereby Ms Bruce made clear and unqualified statements
about her intention to be absent from the hearing. 6
vi) The panel recognised that the allegations against the teacher are serious and
that there was a real risk that if proven, the panel will be required to consider
whether to recommend that Ms Bruce ought to be prohibited from teaching.
vii) The panel recognised that the efficient disposal of allegations against teachers
is required to ensure the protection of pupils and to maintain confidence in the
profession. The conduct alleged is said to have taken place whilst the teacher
was employed at the School. The School will have an interest in this hearing
taken place in order to move forwards.
viii) The panel also notes that there are three witnesses present at the hearing,
who are prepared to give evidence, and that it would be inconvenient for them
to return again. Delaying the case may impact upon the memories of those
witnesses.
The panel decided to proceed with the hearing in the absence of the teacher. The panel
considered that in light of the teacher’s waiver of her right to appear; by taking such
measures referred to above to address that unfairness insofar as is possible; and taking
account of the inconvenience an adjournment would cause to the witnesses; that on
balance, these are serious allegations and the public interest in this hearing proceeding
within a reasonable time is in favour of this hearing continuing today.
Excluding the Public
The panel considered whether to exercise its discretion under paragraph 11 of the
Teachers’ Disciplinary (England) Regulations 2012 (the “Regulations”) and paragraph
5.85 of the Procedures to exclude the public from all or part of the hearing. At the outset
of the hearing, the panel identified that there were numerous references within the bundle
to sensitive information [REDACTED]. The panel gave the presenting officer the
opportunity to make representations in the event that the panel decided to exercise its
discretion to exclude the public from part of the hearing where reference is made to these
matters. No objection was made by the presenting officer to the panel’s suggestion.
The panel determined to exercise its discretion under paragraph 11(3)(a) of the
Regulations under the first limb of paragraph 5.85 of the Procedures for the public to be
excluded from part of the hearing when reference or information is disclosed in respect of
sensitive matters [REDACTED].
The panel took into account the general rule that hearings should be held in public and
that this is generally desirable to maintain public confidence in the administration of these
proceedings and also to maintain confidence in the teaching profession. On this
occasion, however, the panel considered that it was necessary to exclude the public from 7
part of the hearing where reference to these sensitive matters are made, as it was
necessary for the interests of justice given the sensitive and personal nature of such
information.
The panel did not consider that there were any steps short of excluding the public from
these parts of the hearing that would serve the purpose of protecting the confidentiality of
the information.
The panel had regard to whether the exclusion of the public for this part of the hearing
ran contrary to the public interest. The panel is required to announce its decisions in
public as to whether the facts have been proven and whether those facts amount to
unacceptable professional conduct and/or conduct that may bring the profession into
disrepute and a conviction of a relevant offence. In the event that the case continues, any
decision of the Secretary of State will also be in public. The panel considered that in the
circumstances of this case that the public interest will be satisfied by these public
announcements. Those public announcements will ensure that public confidence in these
proceedings and in the standards of the profession are maintained.
Summary of evidence
Documents
In advance of the hearing, the panel received a bundle of documents which included:
Section 1: Chronology, anonymised pupil list and key list of people – pages 5 to 7
Section 2: Notice of referral and response – pages 8 to 38
Section 3: Teaching Regulation Agency documents – pages 39 to 284
Section 5: Teacher documents – pages 285 to 300
The following documents were also provided separately to the panel:
Addendum Bundle: Memorandum of Conviction and Police Documents – pages 302 to
315
Two video extracts – page 316
Email correspondence dated 19 December 2024 between Ms Bruce and the TRA’s legal
representatives – pages 317 to 318
Witness statement of Individual A – pages 319 to 324 8
Service Bundle – pages 325 to 340
On the first day of the hearing, the panel was provided with Ms Bruce’s response to the
correspondence request form and three emails regarding service of the notice of
proceedings and hearing bundle.
The panel members confirmed that they had read all of the documents within the bundle,
and aforementioned documents in advance of the hearing.
In the consideration of this case, the panel had regard to the document Teacher
misconduct: Disciplinary procedures for the teaching profession 2020, (the “Procedures”).
Witnesses
The panel heard oral evidence from the following witnesses called by the presenting
officer:
Witness A – [REDACTED]
Witness B – [REDACTED]
Witness C – [REDACTED]
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 Bruce was employed as assistant headteacher at the School from 1 January 2015
and was a member of the School’s senior leadership team.
On 17 September 2020, Ms Bruce was convicted for a driving offence after consuming
alcohol which exceeded the prescribed limit when she was driving on 13 June 2020.
Ms Bruce reported the incident to the School on 14 June 2020. The School sought advice
from the Local Authority Designated Officer (“LADO”), put in place measures to assist
Ms Bruce (such as precautionary transfer of duties) and undertook an investigation.
On 6 November 2020, Ms Bruce attended a call with colleagues to discuss the School’s
response to Ms Bruce’s positive Covid-19 test result. It was alleged by colleagues that
Ms Bruce appeared to be under the influence of alcohol during the meeting and the
School undertook an investigation into these allegations.
Thereafter, Ms Bruce ceased employment with the School. 9
Findings of fact
The findings of fact are as follows:
The panel found the following particular of the allegation against you proved, for these
reasons:
2. On 17 September 2020, you were convicted of: “On 13/06/2020 at SNAITH in the
county of East Riding of Yorkshire drove a motor vehicle [REDACTED] after
consuming so much alcohol that the proportion of it in your breath, namely 112
microgrammes of alcohol in 100 millilitres of breath, exceeded the prescribed limit.
Contrary to section 5(1)(a) of the Road Traffic Act 1988 and Schedule 2 to the Road
Traffic Offenders Act 1988”.
Ms Bruce admitted this allegation. In a letter to the TRA dated 18 September 2023 from
Ms Bruce, she said “TRUE – I engaged with [REDACTED] and was discharged due to
my progress.”
The panel had sight of the Memorandum of Entry entered in the register of the Humber
Magistrates’ Court which stated:
“On 13/06/2020 at SNAITH in the county of East Riding of Yorkshire drove a motor
vehicle, namely [REDACTED] on a road, namely [REDACTED], after consuming so much
alcohol that the proportion of it in your breath, namely 112 microgrammes of alcohol in
100 millilitres of breath, exceeded the prescribed limit. Contrary to section 5(1)(a) of the
Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988.”
Ms Bruce was disqualified from driving for a period of 25 months, ordered to pay costs
and a community order was made for Ms Bruce to carry out 100 hours of unpaid,
supervised work.
The panel noted that if there has been a conviction, at any time, of a criminal offence, the
panel will accept the certificate of conviction as conclusive proof of both the conviction
and the facts necessarily implied by the conviction, unless exceptional circumstances
apply.
The panel also had sight of documents from the police in respect of this conviction.
The panel found allegation 2 proved.
The panel found the following particular of the allegation against you not proved, for
these reasons:
1. On 6 November 2020, you attended a video call with Person B and/or others to
discuss the School’s response to your positive Covid-19 test result, when your 10
ability to engage with that meeting was impaired by virtue of you having consumed
alcohol or otherwise.
Ms Bruce denied this allegation. In a letter to the TRA dated 18 September 2023 from
Ms Bruce, she said “No evidence. I was extremely poorly with COVID and was being
considered as to whether I needed to go to hospital. I engaged with the meeting as best
as I could given my levels of nausea and high temperature.
I would like to add that although school had given me one set of advice regarding who
should be considered as people with whom I had been in close contact, Track and Trace
gave me different advice as to who classed as ‘close contact’ and I regarded that they
were the lead on COVID guidance.
Additionally, I had never before taken a screenshot using my phone and therefore asked
[REDACTED] to help. It was very distressing.”
The panel understood from the evidence available that Ms Bruce had some difficulty
joining the Microsoft Teams meeting on 6 November 2020 to discuss the School’s
response to Ms Bruce’s positive Covid-19 test result with the senior leadership team. As
a result, Witness B video called Ms Bruce via FaceTime on his iPhone during the Teams
meeting.
Witness A provided oral evidence at the hearing and stated that Ms Bruce was not on the
Microsoft Teams video call, so he could not visually see her. Witness A said that he could
hear Ms Bruce on the video call as she was on a FaceTime call with Witness B (who was
on the video call) at the same time.
Witness A stated that from what he could hear, Ms Bruce came across as incoherent
Witness A said “it wasn’t like her language was slurred. It was the language she was
using and her inability to connect to the computer system.”
When asked to describe the language that Ms Bruce used, Witness A said “it was the
type of language used” … “it was not as structured or developed”.
Witness B stated in oral evidence that during the FaceTime call, it was his view that
Ms Bruce was under the influence of alcohol. Witness B said that he was “the only one
who could see her… she kept holding her phone up to her ear” when on the FaceTime
call. Witness B described Ms Bruce as “becoming emotional and flustered” … was
“slurring her words” and had an “inability to follow basic instructions.”
The panel noted that there were some inconsistencies between Witness A and Witness
B’s evidence, around whether Ms Bruce was slurring her words.
Witness C attended the Microsoft Teams call on 6 November 2020. Witness C stated that
she could not visually see Ms Bruce for the duration of the Teams call but did see her at 11
points when Witness B showed his mobile phone screen to the Microsoft Teams Camera
(as Ms Bruce was on a FaceTime call with Witness B at the time). In oral evidence,
Witness C said that “Ms Bruce is a very intelligent woman and wasn’t able to grasp the
information given to her on the call. She became more and more erratic. She wasn’t as
cohesive.” Witness C stated that Ms Bruce “appeared drunk” and “she was acting like
she was under the influence of alcohol”.
Witness C stated that after the call “we had a conversation about the way she was
behaving. We were all really concerned.”
When the panel asked Witness B whether Ms Bruce could have acted in the manner she
did due to being ill with Covid, Witness B said “it didn’t strike me like that. She didn’t
seem particularly unwell.” He stated that she didn’t have symptoms such as “shortness of
breath” or a “cough.” The panel recognised that the symptoms of Covid-19 can be varied.
Whilst the panel acknowledged that Ms Bruce was impaired in some way during the call
on 6 November 2020, the witnesses held a genuine impression that this may be due to
alcohol, however the panel could not determine on the balance of probabilities whether it
was by virtue of her having consumed alcohol or otherwise. The panel noted that the
evidence in support of this allegation was purely based on perception and was not
satisfied with the strength of the evidence.
The panel did not find allegation 1 proved.
Findings as to conviction of a relevant offence
Having found allegation 2 proved, the panel went on to consider whether the facts of this
proved allegation amounted to a conviction of a relevant offence.
The panel first considered whether the conduct of Ms Bruce, in relation to the fact found
proved, involved breaches of the Teachers’ Standards.
The panel considered that, by reference to Part 2, Ms Bruce was in breach of the
following standards:
Teachers must have proper and professional regard for the ethos, policies and
practices of the school in which they teach…
Teachers must have an understanding of, and always act within, the statutory
frameworks which set out their professional duties and responsibilities.
The panel noted that there was a witness statement within the bundle from a member of
the public who had witnessed Ms Bruce’s driving on 13 June 2020. The witness
statement was provided to the police and contained a statement attesting to its truth. The
panel considered that this statement was relevant to allegation 2 and was fair to admit in
circumstances where the panel was not aware of any objection to its inclusion by 12
Ms Bruce and the panel could determine what weight, if any, to place on such statement.
The witness statement stated that “I also saw [REDACTED] children, [REDACTED] get
out of the vehicle.” The panel considered that driving under the influence of alcohol was a
serious offence and that Ms Bruce’s actions were relevant to teaching, working with
children and working in an education setting, especially in circumstances where children
were in the car.
The panel noted that the behaviour involved in committing the offence could have had an
impact on the safety and/or security of members of the public.
The panel also took account of the way the teaching profession is viewed by others. The
panel considered that Ms Bruce’s behaviour in committing the offence could affect public
confidence in the teaching profession, given the influence that teachers may have on
pupils, parents and others in the community.
The panel noted that Ms Bruce’s behaviour did not lead to a sentence of imprisonment,
which was indicative that the offence was at the less serious end of the possible
spectrum.
The panel also considered the offences listed on pages 12 and 13 of the Advice.
This was a case concerning an offence involving serious driving offences, particularly
those involving alcohol…, which the Advice states is likely to be considered a relevant
offence.
The panel noted that driving under the influence of alcohol was very serious and put a
great deal of people at risk of harm, including herself, the children in the car and
members of the public.
The panel took into account the circumstances which Ms Bruce found herself in at the
time. The panel acknowledged her [REDACTED]. Ms Bruce referred herself to
[REDACTED] for support with alcohol use. The panel had sight of a letter from
[REDACTED] dated 10 September 2020 which stated that Ms Bruce had attended 16
appointments to date. Ms Bruce stated that she engaged with [REDACTED] and was
discharged due to her progress.
Although the panel considered the mitigating factors, the panel also found that the
seriousness of the offending behaviour that led to the conviction was relevant to
Ms Bruce’s ongoing suitability to teach. The panel considered that a finding that this
conviction was for a relevant offence was necessary to reaffirm clear standards of
conduct so as to maintain public confidence in the teaching profession.
13
Panel’s recommendation to the Secretary of State
Given the panel’s findings in respect of a conviction of a relevant offence, 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
proportionate measure, and whether it would be 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 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 other members of the public, the maintenance of public confidence in the
profession and declaring and upholding proper standards of conduct.
In the light of the panel’s findings against Ms Bruce, which involved a finding of a
conviction of a relevant offence, there was a strong public interest consideration in the
public confidence in the profession being seriously weakened if conduct such as that
found against Ms Bruce was not treated with the utmost seriousness when regulating the
conduct of the profession.
The panel was of the view that a strong public interest consideration in declaring proper
standards of conduct in the profession was also present as the conduct found against
Ms Bruce was outside that which could reasonably be tolerated.
In addition to the public interest considerations set out above, the panel went on to
consider whether there was a public interest in retaining Ms Bruce in the profession.
Whilst there is evidence that Ms Bruce had ability as an educator, the panel considered
that the adverse public interest considerations above outweigh any interest in retaining
Ms Bruce in the profession, since her behaviour fundamentally breached the standard of
conduct expected of a teacher.
The panel considered carefully the seriousness of the behaviour, noting that the Advice
states that the expectation of both the public and pupils, is that members of the teaching
profession maintain an exemplary level of integrity and ethical standards at all times.
In view of 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 Bruce.
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 were relevant in this case were: 14
• serious departure from the personal and professional conduct elements of the
Teachers’ Standards;
• the commission of a serious criminal offence, including those that resulted in a
conviction or caution, paying particular attention to offences that are ‘relevant
matters’ for the purposes of the Police Act 1997 and criminal record
disclosures;
• failure in their duty of care towards a child, including exposing a child to risk or
failing to promote the safety and welfare of the children (as set out in Part 1 of
KCSIE);
The panel noted that the witness statement from the member of the public who had
witnessed Ms Bruce’s driving on 13 June 2020 (as referred to above), stated that there
were [REDACTED] children getting out of Ms Bruce’s vehicle. The panel placed a great
deal of weight on this witness statement, given that it contained a statement attesting to
its truth, Ms Bruce was later convicted for driving after consuming alcohol which
exceeded the prescribed limit and the panel did not consider that there was any reason
for a member of the public to fabricate the statement. The panel considered that driving
under the influence of alcohol with children in a vehicle was a failure in Ms Bruce’s duty
of care towards the children, exposed them to risk of harm and failed to promote the
safety and welfare of children.
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.
In the light of the panel’s findings there was evidence that Ms Bruce’s actions were
deliberate.
There was no evidence to suggest that Ms Bruce was acting under extreme duress, e.g.
a physical threat or significant intimidation
Ms Bruce did have a previously good history. Witness B described Ms Bruce as being
“very good at safeguarding” and “very good at planning” but noted that her “teaching was
not outstanding” and “teaching was not her major strength.”
The panel heard evidence from Witness C who said that Ms Bruce was a “really good
teacher” and “understood the children” given her previous career as an educational
psychologist. Witness C gave an example of when Ms Bruce supported a pupil through a
bereavement and provided materials to staff and the children.
The panel noted that whilst there was evidence of Ms Bruce being a good teacher who
made a valuable contribution, there was no evidence to suggest that she had 15
demonstrated exceptionally high standards in both her personal and professional conduct
and having contributed significantly to the education sector.
The panel was not provided with any character statements or references attesting to her
ability as a teacher.
The panel acknowledged that Ms Bruce did demonstrate some limited insight into her
actions. Ms Bruce stated in email correspondence to the TRA dated 2 December 2024
that she “made a potentially catastrophic error of judgement which has almost cost me
the world.”
The panel did not consider that Ms Bruce demonstrated a sufficient level of insight or
remorse when considering the potential impact and risks of her actions, in particular the
risk of harm to herself, the children in the vehicle and members of the public.
The panel took into account Ms Bruce’s [REDACTED] at the time of the incident, as
referred to in the [REDACTED]. It was noted in the [REDACTED] report dated 31 July
2020 [REDACTED].
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 would be sufficient would
unacceptably compromise the public interest considerations present in this case, despite
the severity of the consequences for Ms Bruce of prohibition.
The panel was of the view that prohibition was both proportionate and appropriate. The
panel decided that the public interest considerations outweighed the interests of
Ms Bruce. The conviction for driving whilst under the influence of alcohol, which the panel
considered to be a relevant offence, was a significant factor 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 for it to decide to
recommend a review period of the order. 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 2 years.
The Advice indicates that there are certain types of case where, if relevant, the public
interest will have greater relevance and weigh in favour of not offering a review period. 16
None of the listed characteristics were engaged by the panel’s findings.
The Advice also indicates that there are certain other types of cases where it is likely that
the public interest will have greater relevance and weigh in favour of a longer period
before a review is considered appropriate.
None of the listed characteristics were engaged by the panel’s findings.
The panel noted that these lists are not intended to be exhaustive and considered the
case on its individual merits taking into account all the circumstances involved.
The panel noted that there was no evidence to provide the panel with any assurance that
Ms Bruce had not relapsed following her engagement with [REDACTED] and
[REDACTED], following her discharge. The panel noted that Ms Bruce stated in an email
dated 2 December 2024 that she had “been cleared by medical professionals and have
my driving licence back.” The panel was not provided with evidence to support this
statement or evidence to demonstrate what Ms Bruce was currently doing to prevent the
risk of repetition. The panel did not consider that Ms Bruce had demonstrated a sufficient
level of insight or remorse when considering the potential impact and serious risks of her
actions. However, the panel took into account Ms Bruce’s mitigating circumstances which
included her [REDACTED] at the time of the incident, as referred to in the v. The panel’s
view was that whilst Ms Bruce’s conduct was at the serious end of the spectrum, Ms
Bruce may be able to demonstrate, in the future, the steps she has taken to address the
risk of repetition.
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 provision for a 5-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 some of the allegations proven and found that those
proven facts amount to a relevant conviction. The panel found allegation 1 not proven
and I have therefore put that matter entirely from my mind.
The panel has made a recommendation to the Secretary of State that Ms Rachel Bruce
should be the subject of a prohibition order, with a review period of five years. 17
In particular, the panel has found that Ms Bruce is in breach of the following standards:
Teachers must have proper and professional regard for the ethos, policies and
practices of the school in which they teach…
Teachers must have an understanding of, and always act within, the statutory
frameworks which set out their professional duties and responsibilities.
The panel was satisfied that the conduct of Ms Bruce, involved breaches of the
responsibilities and duties set out in statutory guidance Keeping children safe in
education (KCSIE) and/or involved breaches of Working Together to Safeguard Children.
The panel finds that the conduct of Ms Bruce fell significantly short of the standards
expected of the profession.
The findings of misconduct are serious as they include a finding of a relevant offence of
driving under the influence of alcohol.
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 a relevant conviction, 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 Bruce, and the impact that will
have on the teacher, is proportionate and in the public interest.
In this case, I have considered the extent to which a prohibition order would protect
children/safeguard pupils. The panel has observed, “The panel considered that driving
under the influence of alcohol with children in a vehicle was a failure in Ms Bruce’s duty
of care towards the children, exposed them to risk of harm and failed to promote the
safety and welfare of children.”
I have also taken into account the panel’s comments on insight and remorse, which the
panel sets out as follows, “The panel acknowledged that Ms Bruce did demonstrate some
limited insight into her actions. Ms Bruce stated in email correspondence to the TRA
dated 2 December 2024 that she “made a potentially catastrophic error of judgement
which has almost cost me the world.” In my judgement, the lack of full insight or remorse
means that there is some risk of the repetition of this behaviour and this puts at risk the
future wellbeing of children/pupils. I have therefore given this element considerable
weight in reaching my decision. 18
I have gone on to consider the extent to which a prohibition order would maintain public
confidence in the profession. The panel observe, “The panel also took account of the way
the teaching profession is viewed by others. The panel considered that Ms Bruce’s
behaviour in committing the offence could affect public confidence in the teaching
profession, given the influence that teachers may have on pupils, parents and others in
the community.” I am particularly mindful of the finding of driving under the influence of
alcohol 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 a relevant conviction, 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 Bruce herself and the
panel comment “The panel noted that whilst there was evidence of Ms Bruce being a
good teacher who made a valuable contribution, there was no evidence to suggest that
she had demonstrated exceptionally high standards in both her personal and
professional conduct and having contributed significantly to the education sector.
The panel was not provided with any character statements or references attesting to her
ability as a teacher.”
A prohibition order would prevent Ms Bruce 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 panel’s comments concerning the
level of insight or remorse shown. The panel has said, “The panel did not consider that
Ms Bruce demonstrated a sufficient level of insight or remorse when considering the
potential impact and risks of her actions, in particular the risk of harm to herself, the
children in the vehicle and members of the public.”
I have also placed considerable weight on the finding of the panel that “In the light of the
panel’s findings there was evidence that Ms Bruce’s actions were deliberate.”
I have given less weight in my consideration of sanction therefore, to the contribution that
Ms Bruce 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 full remorse or insight, 19
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 a 5 year review period.
I have considered the panel’s comments “The panel noted that there was no evidence to
provide the panel with any assurance that Ms Bruce had not relapsed following her
engagement with [REDACTED] and [REDACTED], following her discharge. The panel
noted that Ms Bruce stated in an email dated 2 December 2024 that she had “been
cleared by medical professionals and have my driving licence back.” The panel was not
provided with evidence to support this statement or evidence to demonstrate what Ms
Bruce was currently doing to prevent the risk of repetition. The panel did not consider that
Ms Bruce had demonstrated a sufficient level of insight or remorse when considering the
potential impact and serious risks of her actions. However, the panel took into account
Ms Bruce’s mitigating circumstances which included her [REDACTED] at the time of the
incident, as referred to in the [REDACTED]. The panel’s view was that whilst Ms Bruce’s
conduct was at the serious end of the spectrum, Ms Bruce may be able to demonstrate,
in the future, the steps she has taken to address the risk of repetition.”
In this case, factors mean that allowing a lesser review period is not sufficient to achieve
the aim of maintaining public confidence in the profession. These elements are the lack
of full insight or remorse.
I consider therefore that a five year review period is required to satisfy the maintenance
of public confidence in the profession.
This means that Ms Rachel Bruce is prohibited from teaching indefinitely and
cannot teach in any school, sixth form college, relevant youth accommodation or
children’s home in England. She may apply for the prohibition order to be set aside, but
not until 18 March 2030, 5 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 Bruce remains prohibited from teaching indefinitely.
Ms Bruce has a right of appeal to the Kings Bench Division of the High Court within 28
days from the date she is given notice of this order.
20
Decision maker: Sarah Buxcey
Date: 13 March 2025
This decision is taken by the decision maker named above on behalf of the Secretary of
State.
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