Prohibition Order Active: The Teaching Regulation Agency has issued a prohibition order for this teacher. This person is prohibited from carrying out teaching work in any school, sixth form college, relevant youth accommodation or childrenâs home in England.
Teacher Record Details
Teacher's Name
Ms Shaila Hussain
Teacher Reference Number
1260624
Date of Birth
29 December 1993
Location Employed
Buckinghamshire, south east England
Professional Panel Date
18 February 2021
Agency Outcome Decision
prohibition order
Decision Published Date
9 March 2021
Panel Decision & Reasons Summary
The Secretary of State does not make these decisions himself. They are made by a senior official on the recommendation of an independent panel.
Teacher's name: Ms Shaila Hussain
Teacher reference number: 1260624
Teacher's date of birth: 29 December 1993
Location teacher worked: Buckinghamshire, south east England
Date of professional conduct panel: 18 February 2021
Outcome type: prohibition order
Notice is hereby given that, in accordance with the Teacher'sâ Disciplinary (England) Regulations 2012, a professional conduct panel was convened to consider the case of Ms Shaila Hussain formerly employed in Windermere, north west England.
Full PDF Document Transcript Search
Ms Shaila Hussain:
Professional conduct
panel outcome
Panel decision and reasons on behalf of the
Secretary of State for Education
February 2021
2
Contents
Introduction 3
Allegations 4
Preliminary applications 5
Summary of evidence 5
Documents 5
Statement of Agreed Facts 6
Decision and reasons 6
Findings of fact 7
Panelâs recommendation to the Secretary of State 12
Decision and reasons on behalf of the Secretary of State 15
3
Professional conduct panel decision and recommendations, and decision on
behalf of the Secretary of State
Teacher: Ms Shaila Hussain
Teacher ref number: 1260624
Teacher date of birth: 29 December 1993
TRA reference: 18778
Date of determination: 18 February 2021
Former employer: The Downley School, Buckinghamshire
Introduction
A professional conduct panel (âthe panelâ) of the Teaching Regulation Agency (âthe
TRAâ) convened on 18 February 2021 by virtual hearing, to consider the case of Ms
Shaila Hussain.
The panel members were Mr Chris Rushton (lay panellist â in the chair), Ms Sue Davies
(lay panellist) and Ms Jasmin Choudhury (teacher panellist).
The legal adviser to the panel was Ms Rosie Shipp of Birketts LLP solicitors.
In advance of the meeting, after taking into consideration the public interest and the
interests of justice, the TRA agreed to a request from Ms Hussain that the allegations be
considered without a hearing. Ms Hussain provided a signed Statement of Agreed Facts
and admitted unacceptable professional conduct and conduct that may bring the
profession into disrepute. The panel considered the case at a meeting without the
attendance of the presenting officer Mr Andrew Cullen of Browne Jacobson LLP, Ms
Hussain or her representative, Mr Simon Pettet of the NASUWT.
The meeting took place in private save for the panelâs decision which was announced in
public and was recorded.
4
Allegations
The panel considered the allegations set out in the Notice of Meeting dated 25 January
2021.
It was alleged that Ms Hussain was guilty of unacceptable professional conduct and/or
conduct that may bring the profession into disrepute, in that:
Whilst employed as a class teacher at The Downley School, in Buckinghamshire, from
January 2017 â May 2019, she:
1. Provided false information to the school and/or other organisations in relation to
her personal circumstances, including on the following occasions:
a. during conversations with Individual A, [redacted], when Ms Hussain stated
that:
i. Individual D was terminally ill;
ii. Individual E and Individual F lived with her in order to help her care for
individual G
iii. she had been diagnosed with cancer prior to the summer holidays in
2018;
iv. she had received chemotherapy during April/May 2018;
v. she had undergone surgery to remove a cyst on her ovary; and
vi. on her return to work in September 2018, she required further
chemotherapy treatment and required time off.
b. during her occupational health assessment on or around the 28 August
2018, when she stated during a telephone consultation that she had stage 2
tubal cancer and that surgery was undertaken on the 4 August 2018;
c. during a meeting with Individual B, [redacted] in or around September 2018,
when she stated that she had cancer;
d. during a meeting with Individual C, [redacted] in or around October 2018,
when she stated she was having chemotherapy treatment for cancer;
e. during a capability meeting on the 13 March 2019, when she stated that
Individual H had abused her;
f. during a capability meeting on the 20 March 2019, when she stated that
Individual H was in police custody;
5
2. Falsified one or more documents in order to mislead the school as to the true
status of her health, including the following documents:
a. a medical history report, which was provided to the school on or around the
29 April 2019;
b. a Macmillan cancer care support letter, which was provided to the school on
or around the 1May 2019; and
c. a statement of fitness for work document, which was provided to the school
on or around the 7 May 2019.
3. Her actions as may be found proven at allegations 1 and 2 above were an attempt
to halt and/or delay capability procedures.
4. Her actions as may be found proven at allegations 1 and 2 above lacked integrity
and/or were dishonest.
Ms Hussain admitted the facts of allegations 1 to 4. She also accepted that her behaviour
amounted to unacceptable professional conduct and conduct that may bring the
profession into disrepute falling short of the standards of behaviour expected of a
teacher. The case details were set out in the Statement of Agreed Facts signed by Ms
Hussain on 8 December 2020.
Preliminary applications
There were no preliminary applications.
Summary of evidence
Documents
In advance of the meeting, the panel received a bundle of documents which included:
⢠Section 1: Notice of Referral and response â pages 2 to 14
⢠Section 2: Statement of Agreed Facts and presenting officer representations â
pages 16 to 23
⢠Section 3: Teaching Regulation Agency documents â pages 25 to 268
⢠Section 4: Teacher documents â pages 271 to 345 6
The panel members confirmed that they had read all of the documents within the bundle,
in advance of the meeting.
Statement of Agreed Facts
The panel considered a Statement of Agreed Facts that was signed by Ms Hussain on 8
December 2020.
Ms Hussain admitted in the Statement of Agreed Facts that she provided false
information to the Downley School (âthe Schoolâ) and other professionals in relation to
her personal circumstances.
Ms Hussain accepted that she had deliberately provided false information to Individual A
in relation to Individual D being terminally ill and the care she provided to Individual G.
Ms Hussain accepted that she lied to the occupational health professional and Individual
A that she had been diagnosed with stage 2 tubal cancer and had chemotherapy in April
to May 2018 and surgery to remove a cyst in August 2018.
Ms Hussain accepted that in two capability meetings on 13 March 2019 and 20 March
2019 she lied to the School about Individual H having abused her and that he was
detained in police custody.
Ms Hussain accepted that she falsified (1) a medical history report provided to the School
on or around 29 April 2019; (2) a Macmillan cancer care letter provided to the School on
or around 1 May 2019; and (3) a statement of fitness for work document provided to the
School on 7 May 2019.
Ms Hussain accepted that her conduct above was an attempt to halt or delay the
capability proceedings that the School were bringing against her. She also accepted that
her conduct demonstrated a lack of integrity and was dishonest, and that her actions
failed to adhere to the standards expected of the teaching profession.
Decision and reasons
The panel announced its decision and reasons as follows:
The panel carefully considered the case and reached a decision.
In advance of the meeting, the TRA agreed to a request from Ms Hussain for the
allegations to be considered without a hearing. The panel had the ability to direct that the
case be considered at a hearing if required in the interests of justice or in the public
interest. The panel did not determine that such a direction was necessary or appropriate
in this case. 7
Ms Hussain was employed at the School as a newly qualified teacher on 23 January
2017.
Between 2017 and 13 March 2019 (prior to formal capability process commencing), Ms
Hussain made a number of false personal disclosures to Individual A. These disclosures
included that: Individual D was terminally ill; that Ms Hussain had a diagnosis of tubal
cancer; had undergone surgery; and was receiving chemotherapy. Ms Hussain
additionally told Individual A that she had to care for individual G due to individual Dâs
illness and that Individual E and Individual F lived with her and assisted her with the care
of individual G.
During an occupational health telephone consultation on 28 August 2018, Ms Hussain
told an occupational health professional that she had been diagnosed with stage 2 tubal
cancer and had undergone surgery on 4 August 2018. It was found that both of these
disclosures were false.
In or around September 2018, Ms Hussain told Individual A that she had been diagnosed
with cancer and had undergone surgery to remove a cyst on her ovary. She additionally
told Individual A that she had received chemotherapy on or around April and May 2018
and that she required on-going treatment in the form of chemotherapy every 4 weeks.
These disclosures were also false.
On 13 March 2019, Ms Hussain attended a capability meeting and she disclosed false
information that Individual H had abused her. On or around 20 March 2019, Ms Hussain
attended a second capability meeting in which she disclosed further false information that
Individual H was in police custody.
Ms Hussain was suspended on 1 April 2019 and the School arranged an independent
investigation into her conduct on 26 April 2019. On or around 29 April 2019, Ms Hussain
provided the School with a medical history report in which she altered the information to
state that she had cancer that had progressed to stage 4 and had surgery to remove her
right fallopian tube.
On or around 1 May 2019, Ms Hussain provided the School with a fabricated Macmillan
cancer care letter. On 7 May she provided a statement of fitness to work that had been
falsified to make reference to her terminal ovarian cancer.
Ms Hussain resigned from her role on 24 May 2019.
Findings of fact
The findings of fact are as follows:
The panel found the following particulars of the allegations against you proved, for these
reasons: 8
Whilst employed as a class teacher at The Downley School, in Buckinghamshire,
from January 2017 â May 2019, you:
1. Provided false information to the school and/or other organisations in
relation to your personal circumstances, including on the following
occasions:
a. during conversations with Individual A, [redacted] when you stated
that:
a. Individual D was terminally ill;
ii. Individual E and Individual F lived with you in order to help you
care for individual E;
iii. you had been diagnosed with cancer prior to the summer
holidays in 2018;
iv. you had received chemotherapy during April/May 2018;
v. you had undergone surgery to remove a cyst on your ovary;
vi. on your return to work in September 2018, you required further
chemotherapy treatment and required time off.
Ms Hussain admitted the allegations. The relevant factual background is set out in the
Statement of Agreed Facts which was signed on 8 December 2020.
The evidence that the panel received is consistent with the admission and the allegations
were found proven.
[Redacted]
b. during your occupational health assessment on or around the 28
August 2018, when you stated during a telephone consultation that
you had stage 2 tubal cancer and that surgery was undertaken on the
4 August 2018;
On examination of the documents before the panel, including the occupational health
professionalâs statement, and the admission of this allegation in the signed Statement of
Agreed Facts, the panel was satisfied that the allegation was proven.
c. during a meeting with Individual B, [redacted], in or around September
2018, when you stated that you had cancer;
On examination of the documents before the panel, and the admission of this allegation
in the signed Statement of Agreed Facts, the panel was satisfied that the allegation was
proven.
9
d. during a meeting with Individual C, [redacted] in or around October
2018, when you stated you were having chemotherapy treatment for
cancer;
On examination of the documents before the panel, and the admission of this allegation
in the signed Statement of Agreed Facts, the panel was satisfied that the allegation was
proven.
e. during a capability meeting on the 13 March 2019, when you stated
that Individual H had abused you;
On examination of the documents before the panel, and the admission of this allegation
in the signed Statement of Agreed Facts, the panel was satisfied that the allegation was
proven.
b. during a capability meeting on the 20 March 2019, when you stated
that Individual H was in police custody;
On examination of the documents before the panel, and the admission of this allegation
in the signed Statement of Agreed Facts, the panel was satisfied that the allegation was
proven.
2. Falsified one or more documents in order to mislead the School as to the
true status of your health, including the following documents:
a. a medical history report, which was provided to the school on or
around the 29 April 2019;
In the Statement of Agreed Facts, Ms Hussain accepted that she falsified the medical
history report by adding the following entries:
âi. 23-Nov-2018 Ovarian Cancer (Stage 4, confirmed on TVUS Priority =1);
ii. 03-Aug-2018 Surgery (right fallopian tube removed PRIORITY=1);
iii. 12-Jun-2018 Tubal cancer (Stage 3, confirmed on biopsy results PRIORITY=1).â
On examination of the documents before the panel, and the admission of this allegation
in the signed Statement of Agreed Facts, the panel was satisfied that the allegation was
proven.
b. Macmillan cancer care support letter, which was provided to the
school on or around the 1 May 2019;
In the Statement of Agreed Facts, Ms Hussain admitted: 10
âi. That the stated author of the letter âIndividual J- Macmillan Cancer Support Workerâ
does not exist;
ii. That she forged the signature contained at the bottom of the letter;
iii. That she had not been diagnosed with terminal ovarian cancer which had
progressed to Stage 4;
iv. That she had not been given a prognosis of 6 months to 1 year to live;
v. That she was not under the care of Individual I.
On examination of the documents before the panel, and the admission of this allegation
in the signed Statement of Agreed Facts, the panel was satisfied that the allegation was
proven.
c. a statement of fitness for work document, which was provided to the
school on or around the 7 May 2019.
In the Statement of Agreed Facts, Ms Hussain admitted that she altered this document
by adding the words âTerminal ovarian cancerâ.
On examination of the documents before the panel, and the admission of this allegation
in the signed Statement of Agreed Facts, the panel was satisfied that the allegation was
proven.
3. Your actions as may be found proven at allegations 1 and 2 above were an
attempt to halt and/or delay capability procedures.
On examination of the documents before the panel, and the admission of this allegation
in the signed Statement of Agreed Facts, the panel was satisfied that the allegation was
proven.
4. Your actions as may be found proven at allegations 1 and 2 above lacked
integrity and/or were dishonest.
The panel considered the cases of Ivey v Genting Casinos (UK) Ltd t/a Crockford [2017]
UKSC 67, in which the test for dishonesty in criminal matters was set out as: âirrespective
of the defendantâs belief about the facts, whether his conduct was honest or dishonest by
the objective standards of ordinary decent peopleâ and Wingate & Anor v The Solicitors
Regulation Authority [2018] EWCA Civ 366, in which Lord Justice Jackson clarified that
integrity is about more than simply acting honestly.
The SRAâs view is that integrity is a more expansive concept. In its Enforcement
Strategy, the SRA states that conduct or behaviour that demonstrates a lack of honesty
or integrity is at the âhighest end of the spectrumâ in a profession whose reputation 11
depends on trust. The panel took in to account this case related to solicitors as regulated
professionals.
The panel noted that the evidence suggested that Ms Hussain deliberately and wilfully
misled the School, over a prolonged period, regarding her health and personal
circumstances. Some of the latter falsifying of information was an attempt to halt or delay
the capability proceedings that the School were bringing against her. This was both
dishonest by her own standards and those of ordinary and decent people.
Furthermore, the panel concluded that Ms Hussainâs actions lacked integrity. [Redacted].
She then displayed a lack of integrity by not informing Individual A of Individual Dâs
improved health.
On examination of the documents before the panel, and the admission of this allegation
in the signed Statement of Agreed Facts, the panel was satisfied that the allegation was
proven.
Findings as to unacceptable professional conduct and/or conduct that
may bring the profession into disrepute
Having found all of the allegations proved, the panel went on to consider whether the
facts of those proved allegations amounted to unacceptable professional conduct and/or
conduct that may bring the profession into disrepute.
In doing so, the panel had regard to the document Teacher Misconduct: The Prohibition
of Teachers, which is referred to as âthe Adviceâ.
The panel was satisfied that the conduct of Ms Hussain in relation to the facts found
proved, involved breaches of the Teachersâ Standards. The panel considered that, by
reference to Part 2, Ms Hussain was in breach of the following standards:
ď§ Teachers uphold public trust in the profession and maintain high standards of
ethics and behaviour, within and outside school;
ď§ Teachers must have proper and professional regard for the ethos, policies and
practices of the school in which they teach.
The panel was satisfied that the conduct of Ms Hussain fell significantly short of the
standards expected of the profession. In particular, the panel noted that Ms Hussainâs
lies appear to have started prior to the capability process. It was not clear to the panel
exactly what event (if any) led to Ms Hussainâs lying and fabrication, which became more
extreme and elaborate as time went on. Ms Hussainâs actions were found to be
deliberate, calculated and prolonged.
The panel were concerned to read that at her disciplinary panel, Ms Hussainâs
representative requested of the School that they did not refer the matter to the TRA. 12
Allegations 2.a. â c. relate to Ms Hussainâs falsification of documents from reputable
organisations e.g. the NHS and Macmillan Nurses. The panel observed that at that stage
Ms Hussainâs deception had escalated in that she deliberately and fraudulently fabricated
documents to continue deceiving professionals.
Ms Hussain admits in the evidence provided to the panel that she was unable to
manipulate the documents herself so asked somebody else to assist her, which the panel
considered added weight to the conclusion that such actions were carefully planned and
deliberate.
The panel also considered whether Ms Hussainâs conduct displayed behaviours
associated with any of the offences listed on pages 10 and 11 of the Advice. The panel
found that the offence of fraud or serious dishonesty was relevant. The Advice indicates
that where behaviours associated with such an offence exist, a panel is likely to conclude
that an individualâs conduct would amount to unacceptable professional conduct.
Accordingly, the panel was satisfied that Ms Hussain was guilty, taking all of the
allegations both individual and collectively, of unacceptable professional conduct.
The panel took into account the way the teaching profession is viewed by others and
considered the influence that teachers may have on pupils, parents and others in the
community. The panel also noted the uniquely influential role that teachers can hold in
pupilsâ lives and the fact that pupils must be able to view teachers as role models in the
way they behave. The panel considered that Ms Hussainâs actions were not âspur of the
momentâ, but were wilful, calculated and manipulative actions to misinform fellow
professionals.
Furthermore, the panel observed that in the evidence submitted by Ms Hussain, it
appeared that she had still not been transparent with her counsellors in explaining the
real reasons as to why she left the School. Furthermore, some of Ms Hussainâs actions,
notably the one concerning Individual H, had the potential to cause serious reputational
damage, for which Ms Hussain has not demonstrated any understanding or appreciation.
The panel therefore found that Ms Hussainâs actions constituted conduct that may bring
the profession into disrepute.
Having found the facts of particulars 1 to 4 proved, the panel further found that Ms
Hussainâs conduct amounted to both unacceptable professional conduct and conduct that
may bring the profession into disrepute.
Panelâs recommendation to the Secretary of State
Given the panelâs findings in respect of unacceptable professional conduct and conduct
that may bring the profession into disrepute, it was necessary for the panel to go on to 13
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
maintenance of public confidence in the profession and declaring and upholding proper
standards of conduct.
In the light of the panelâs findings against Ms Hussain, which involved serious dishonesty,
there was a strong public interest consideration, in respect of the maintenance of public
confidence in the profession, and declaring and upholding proper standards of conduct.
Similarly, the panel considered that public confidence in the profession could be seriously
weakened if conduct such as that found against Ms Hussain were not treated with the
utmost seriousness.
The panel decided that Ms Hussainâs misconduct was outside that which could
reasonably be tolerated, and there was a strong public interest consideration in declaring
proper standards of conduct in the profession.
Notwithstanding the clear public interest considerations that were present, the panel
considered carefully whether or not it would be proportionate to impose a prohibition
order, taking into account the effect that this would have on Ms Hussain.
In carrying out the balancing exercise, the panel had regard to the public interest
considerations, both in favour of, and against, prohibition as well as the interests of Ms
Hussain. The panel took further account of the Advice, which suggests that a prohibition
order may be appropriate if certain behaviours of a teacher have been proved. In the list
of such behaviours, those that are relevant in this case are:
⢠serious departure from the personal and professional conduct elements of the
Teachersâ Standards;
⢠dishonesty especially where there have been serious consequences, and/or it
has been repeated and/or covered up.
There was evidence Ms Hussainâs actions were deliberate and prolonged. There was no
evidence to suggest that Ms Hussain was acting under duress, and, in fact, the panel
found Ms Hussainâs actions to be calculated and manipulative. Furthermore, she had not 14
demonstrated any reflection on or insight into the consequences of her actions on either
her colleagues, other professionals, or her family.
The panel noted that since Ms Hussainâs resignation from the School, she has since
taught. However, there were no testimonials or character references within the bundle
from any subsequent employer attesting to her contribution to the profession.
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. Such
factors may indicate that a prohibition order would not be appropriate or proportionate.
Ms Hussain had a previously good history in that her NQT report was positive and took
place in the School. There was also evidence that she passed her induction period. The
panel concluded that Ms Hussain may be able to contribute to the profession, if a suitable
period of reflection takes place.
The panel further considered Ms Hussainâs statement of mitigation in the bundle. Ms
Hussain set out a number of personal and health issues she had undergone during the
time of the incidents set out above. [redacted].
[Redacted]
However, the panel found that Ms Hussain had not been diagnosed with an illness that
would relinquish her from responsibility for her misconduct.
The panel did not have sight of any support plan that was in place for Ms Hussain during
her capability process. Ms Hussain notes within her evidence that she did not feel
supported by the School and the panel accepted that this might have added pressure.
The panel first considered whether it would be proportionate to conclude this case with
no recommendation of prohibition. They considered whether the publication of the
findings made by the panel would be sufficient.
The panel was of the view that, applying the standard of the ordinary intelligent citizen, it
would not be a proportionate and appropriate response to recommend no prohibition
order. Recommending that the publication of adverse findings was sufficient would
unacceptably compromise the public interest considerations present in this case, despite
the severity of the consequences for Ms Hussain 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
Hussain. Accordingly, the panel made a recommendation to the Secretary of State that a
prohibition order should be imposed with immediate effect.
The panel went on to consider whether or not it would be appropriate to recommend that
a review period of the order should be considered. The panel was mindful that the Advice 15
states that a prohibition order applies for life, but there may be circumstances, in any
given case, that may make it appropriate to allow a teacher to apply to have the
prohibition order reviewed after a specified period of time that may not be less than two
years.
The Advice indicates that there are behaviours that, if proved, would militate against the
recommendation of a review period. One of these behaviours includes fraud or serious
dishonesty. However, the panel concluded that given sufficient time, Ms Hussain may be
able to demonstrate that she is suitable to teach again, particularly, once she has had
time to reflect on and learn from her actions. The panel were particularly concerned that
there was a lack of self-awareness and insight into her actions given the time that has
since passed.
The panel decided that the findings indicated a situation in which a review period would
be appropriate and, as such, decided that it would be proportionate in all the
circumstances for the prohibition order to be recommended with provisions for a 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 of the allegations proven and found that those
proven facts amount to unacceptable professional conduct and/or conduct that may bring
the profession into disrepute.
The panel has made a recommendation to the Secretary of State that Ms Shaila Hussain
should be the subject of a prohibition order, with a review period of 5 years.
In particular, the panel has found that Ms Hussain is in breach of the following standards:
ď§ Teachers uphold public trust in the profession and maintain high standards of
ethics and behaviour, within and outside school;
ď§ Teachers must have proper and professional regard for the ethos, policies and
practices of the school in which they teach.
The panel finds that the conduct of Ms Hussain fell significantly short of the standards
expected of the profession. 16
The findings of misconduct are particularly serious as they include a finding of providing
false information to the school and/or other organisations regarding personal
circumstances, falsifying documents to mislead the school, in an attempt to halt and/or
delay capability procedures, actions that lacked integrity and were dishonest.
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 Hussain, and the impact that will have
on her, is proportionate and in the public interest.
I have also taken into account the panelâs comments on insight and remorse, which are
sets out as follows, âshe had not demonstrated any reflection on or insight into the
consequences of her actions on either her colleagues, other professionals, or her familyâ
and âThe panel were particularly concerned that there was a lack of self-awareness and
insight into her actions given the time that has since passedâ. In my judgement, the lack
of insight means that there is some risk of the repetition of this behaviour and 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, âIn the light of the panelâs findings
against Ms Hussain, which involved serious dishonesty, there was a strong public
interest consideration, in respect of the maintenance of public confidence in the
profession and declaring and upholding proper standards of conductâ. I am particularly
mindful of the finding of dishonesty in this case and the impact that such a finding has on
the reputation of the profession.
I have had to consider that the public has a high expectation of professional standards of
all teachers and that the public might regard a failure to impose a prohibition order as a
failure to uphold those high standards. In weighing these considerations, I have had to
consider the matter from the point of view of an âordinary intelligent and well-informed
citizen.â
I have considered whether the publication of a finding of unacceptable professional
conduct, in the absence of a prohibition order, can itself be regarded by such a person as
being a proportionate response to the misconduct that has been found proven in this
case. 17
I have also considered the impact of a prohibition order on Ms Hussain herself. The panel
comment âThe panel noted that since Ms Hussainâs resignation from the School, she has
since taught. However, there were no testimonials or character references within the
bundle from any subsequent employer attesting to her contribution to the professionâ.
Although I have also noted the following comments from the panel âMs Hussain had a
previously good history in that her NQT report was positive and took place in the School.
There was also evidence that she passed her induction periodâ.
A prohibition order would prevent Ms Hussain from continuing that work. A prohibition
order would also clearly deprive the public of her contribution to the profession for the
period that it is in force.
In this case, I have placed considerable weight on the panelâs comments concerning the
dishonesty found. The panel has said, âIt was not clear to the panel exactly what event (if
any) led to Ms Hussainâs lying and fabrication, which became more extreme and
elaborate as time went on. Ms Hussainâs actions were found to be deliberate, calculated
and prolongedâ.
I have given less weight in my consideration of sanction therefore, to the contribution that
Ms Hussain is making to the profession. In my view, it is necessary to impose a
prohibition order in order to maintain public confidence in the profession. A published
decision, in light of the circumstances in this case, that is not backed up by remorse or
insight, does 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 panelâs comments âThe Advice indicates that there are behaviours
that, if proved, would militate against the recommendation of a review period. One of
these behaviours includes fraud or serious dishonesty. However, the panel concluded
that given sufficient time, Ms Hussain may be able to demonstrate that she is suitable to
teach again, particularly, once she has had time to reflect on and learn from her actions.
The panel were particularly concerned that there was a lack of self-awareness and
insight into her actions given the time that has since passedâ.
I have considered whether a 2 year review period reflects the seriousness of the findings
and is a proportionate period to achieve the aim of maintaining public confidence in the
profession. In this case, due to the lack of either insight or remorse and the dishonesty
found that means that a 2 year review period is not sufficient to achieve the aim of
maintaining public confidence in the profession. 18
I consider therefore that a 5 year review period is required to satisfy the maintenance of
public confidence in the profession.
This means that Ms Shaila Hussain is prohibited from teaching indefinitely and
cannot teach in any school, sixth form college, relevant youth accommodation or
childrenâs home in England. She may apply for the prohibition order to be set aside, but
not until 4 March 2026, 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 Shaila Hussain remains prohibited from teaching indefinitely.
This order takes effect from the date on which it is served on the teacher.
Ms Hussain has a right of appeal to the Queenâs Bench Division of the High Court within
28 days from the date she is given notice of this order.
Decision maker: Sarah Buxcey
Date: 1 March 2021
This decision is taken by the decision maker named above on behalf of the Secretary of
State.
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