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
9020857
Teacher's date of birth:
11 October 1955
Location teacher worked:
Lincolnshire, East of England
Date of professional conduct panel:
27 April to 1 May 2015
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 Reverend Robert West, formerly employed in Lincolnshire, East of England.
Date of Birth
11 October 1955
Location teacher worked:
Lincolnshire, East of England
Date of professional conduct panel:
27 April to 1 May 2015
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 Reverend Robert West, formerly employed in Lincolnshire, East of England.
Location Employed
Lincolnshire, East of England
Date of professional conduct panel:
27 April to 1 May 2015
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 Reverend Robert West, formerly employed in Lincolnshire, East of England.
Professional Panel Date
27 April to 1 May 2015
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 Reverend Robert West, formerly employed in Lincolnshire, East of England.
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 Reverend Robert West, formerly employed in Lincolnshire, East of England.
Decision Published Date
12 May 2015
Panel Decision & Reasons Summary
The Secretary of State does not make these decisions herself. They are made by a senior official on the recommendation of an independent panel.
Teacher reference number:
9020857
Teacher's date of birth:
11 October 1955
Location teacher worked:
Lincolnshire, East of England
Date of professional conduct panel:
27 April to 1 May 2015
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 Reverend Robert West, formerly employed in Lincolnshire, East of England.
The proceedings were held at 53-55 Butts Road, Earlsdon Park, Coventry CV1 3BH at 9:30 am on 27 April to 1 May 2015.
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
Reverend Robert West:
Professional conduct
panel outcome
Panel decision and reasons on behalf of the
Secretary of State for Education
May 2015
2
Contents
A. Introduction 3
B. Allegations 4
C. Preliminary applications 5
D. Summary of evidence 5
Documents 5
Witnesses 5
E. Decision and reasons 6
Panel’s recommendation to the Secretary of State 15
Decision and reasons on behalf of the Secretary of State 17
3
A. Introduction
A professional conduct Panel (“the panel”) of the National College for Teaching and
Leadership (“the National College”) convened on 27 April to 1 May 2015 at 53-55 Butts
Road, Earlsdon Park, Coventry CV1 3BH to consider the case of the Reverend Robert
West.
The panel members were Mr Michael Lewis (teacher panellist – in the chair), Ms Jean
Carter (lay panellist) and Dr Melvyn Kershaw (teacher panellist).
The legal adviser to the panel was Mr Stephen Murfitt of Blake Morgan Solicitors.
The presenting officer for the National College was Mr Andrew Colman of Counsel.
Reverend Robert West was present, and was represented by Mr Patrick Harrington of the
Solidarity Trade Union.
The hearing took place in public and was recorded.
Professional conduct panel decision and recommendations, and
decision on behalf of the Secretary of State
Teacher: Reverend Robert West
Teacher ref no: 9020857
Teacher date of birth: 11 October 1955
NCTL case ref no: 10951
Date of determination: 1 May 2015
Former employer: Walton Girls' High School and Sixth Form, Lincolnshire 4
B. Allegations
The panel considered the allegation(s) set out in the Notice of Proceedings, dated 29
July 2014.
It was alleged that Reverend Robert West was guilty of unacceptable professional
conduct and/or conduct that may bring the profession into disrepute in that, whilst
working as a supply teacher of history at Walton Girls' High School and Sixth Form:
1. On 8 November 2013 he made inappropriate comments to students whilst
teaching a history lesson in that:
a. He stated that he was "allergic to Mohammedans", or words to that effect,
b. When asked by a student whether there was anything wrong with being a
Muslim he stated "yes because we are fighting them", or words to that
effect.
2. On 14 November 2013 he made inappropriate comments to students whilst
teaching a history lesson in that he stated:
a. "I assume you are all Christians", or words to that effect,
b. "Any Non-Christian God is demonic" or words to that effect,
c. "Muslims worship the devil", or words to that effect,
d. "Well there is one god and if not worshipping him, then you are worshipping
the devil", or words to that effect;
3. During one of those two lessons he asked students to state their religion to the
class and responded:
a. Positively, if a student stated that they were Christian,
b. Negatively, otherwise;
4. His comments as set out at paragraph 2 above caused two students to leave the
lesson early;
5. He knew or ought to have known that his comments and behaviour as described
in paragraph 1 to 3 above was capable of causing offence to students;
6. His conduct as described at paragraph 1 to 3 above demonstrates:
a. Intolerance for the faith and belief of others;
b. Lack of respect for the faith and belief of others
Reverend Robert West denied all of the allegations.
5
C. Preliminary applications
There were no preliminary applications. Three case management hearings took place
namely on the 31 October 2014, 30 March 2015 and 20 April 2015.
D. Summary of evidence
Documents
In advance of the hearing, the panel received a bundle of documents which included:
1. Section 1 Chronology and Anonymised Pupil List.
2. Section 2 Notice of Proceedings and Response.
3. Section 3 National College for Teaching and Leadership Witness Statements.
4. Section 4 National College for Teaching and Leadership Documents.
5. Section 5 Teacher Documents.
The panel members confirmed that they had read all of the documents in advance of the
hearing.
Witnesses
The panel heard oral evidence from the following witnesses:
Pupil A by video
Pupil B by video
Pupil C by video
Pupil F by video
Witness A - principal
Witness B – assistant principal
Witness C – human resources officer
Witness D – director of sxith form
Witness E – sixth form mentor
Witness F – religious studies teacher
Witness G – assistant principal
Reverend Robert West
The presenting officer relied on the hearsay evidence of Pupil D. 6
E. Decision and reasons
The panel announced its decision and reasons as follows:
The panel has carefully considered the case before it and has reached a decision.
Reverend Robert West joined Walton Girls' High School and Sixth Form in October 2013
to teach history and to cover for a teacher who was on maternity leave. The Senior
Leadership Team became aware of student complaints arising from Reverend West's A-
Level history lesson delivered on 8 November 2013. During Reverend West's history
lesson on 14 November 2013 there were further student complaints which led to two
students leaving the lesson early. Witness A, the school principal, saw Reverend Robert
West on 14 November 2013, and a decision was taken by the school to terminate
Reverend West's contract as from that day.
Findings of fact
The findings of fact of the panel are as follows:
This case concerns two history lessons delivered by Reverend West on 8 and 14
November 2013 to a year 12 group of female students. The class consisted of
approximately 13 students who were studying for their AS history. The Reverend West
was a supply teacher and he was standing in for a teacher who was on maternity leave.
The students sat in a horseshoe and Reverend West placed himself in the middle of the
horseshoe. The allegations against Reverend West concern, in part, statements that he
is alleged to have made to the students during both classes.
The panel considers it of importance to state clearly at the outset of the decision their
approach to the determination of this case. The panel has to determine the factual
allegations set out in the Notice of Proceedings dated 29 July 2014, and in the event that
factual allegations are proved, to go on and consider whether those proven allegations
amount to unacceptable professional conduct, and/or conduct that may bring the
profession into disrepute. This case is not about the political or personal religious views
of Reverend West or his right to hold them nor the right to academic freedom. Such
matters are of considerable importance to Reverend West, and to many others, but the
panel has only been concerned with a consideration of those allegations set out in the
Notice of Proceedings. The panel is only concerned with what happened at the school in
November 2013.
The hearing bundle, agreed between the parties, unfortunately contained documents
which had no relevance as to the determination of the allegations set out in the Notice of
Proceedings. By way of example the papers relating to the investigation process of
Reverend West by the National College were included in the hearing bundle. The papers
included an allegation concerning the membership of Reverend West of the British 7
National Party (BNP).That allegation was not pursued by the National College and forms
no part of the allegations set out in the Notice of Proceedings. The panel makes clear
that in considering the allegations before them they have put out of their minds
completely any documents which they may have seen, and which have no relevance to
their determination of the allegations in the Notice of Proceedings. As part of its
determination the panel has not considered any material on the internet to which
reference has been made during the course of the hearing.
Reverend West delivered a lesson on 8 November 2013 and following student
complaints he was seen by Witness B, the assistant principal of the school. Witness B
told the panel in evidence that she spoke to Reverend West to remind him that the school
was one where the richness of diversity was embraced, and that it was important that he
did not express personal opinions in the course of his teaching. Having received
explanation and assurance from Reverend West, the school was content for Reverend
West to continue teaching, and he taught a further lesson to the same class on 14
November 2013.
The first task of the panel was to determine whether the statements attributed to
Reverend West in allegations 1, 2 and 3 in the Notice of Proceedings were in fact stated
by him during the lessons. At the beginning of the hearing Reverend West denied all of
the allegations. The panel heard evidence from twelve witnesses.
The subject matter of both history lessons was the Crusades. Reverend West made clear
in his evidence that in teaching those lessons it was important to understand the
connection between the religious beliefs of the parties involved in the Crusades and how
that affected the causes of conflict. Reverend West stated that in making this connection
any comments made by him to his students during both classes were part of role play; he
played the roles of those parties engaged in the Crusades.
A number of pupils (A, B, C and F for example) gave evidence that they considered the
comments set out in allegations 1 and 2 attributed to Reverend West were made and in
their judgement represented his personal views; this caused some of the members of the
class to be upset and angry. Pupil B gave evidence to the panel that in her view if a
teacher wanted to go into role play then it was essential to explain to make clear to the
class that this was what was happening. Pupil B was clear that Reverend West had given
no such notice and that his statements were a personal view.
The panel heard evidence from some witnesses who considered the comments set out in
allegations 1 and 2 attributed to Reverend West to be comments about faith disputes in
modern day society. Pupil F, called by Reverend West, gave evidence that the use by
Reverend West of the historic present tense caused her to conclude that the comments
by Reverend West were his personal comments concerning modern day conflicts, as well
as those in the Crusades, and were therefore inappropriate. Witness A, the principal,
gave evidence that following the school investigation her interpretation of the statements
made by Reverend West were that they were capable of being understood as comments 8
about modern day conflicts as well as about the Crusades. In her view this was
inappropriate and showed intolerance in the classroom setting.
Before considering each allegation in turn the panel considered that in view of the
divergence of views expressed above, it would be helpful to set out the panel's views as
to the credibility of the witnesses. Pupils A, B and F gave oral evidence by video; Pupil C
gave evidence by video, but did not complete her oral evidence. These witnesses were
important because they had been present in the classroom and were therefore well
placed to give evidence about what was said by Reverend West and their reaction. The
panel found the pupil witnesses articulate in their views and considered them to be
impressive, honest and credible witnesses. The panel found each of the members of the
school staff who gave evidence to be similarly honest and credible witnesses. Some
members of the school staff were helpful because they dealt with aspects of the evidence
that were of greater relevance to the determination of the particulars of the allegations; in
particular Witness A, Witness C, Witness F and Witness G.
The panel found Reverend West had some difficulty in giving clear focussed answers to
the questions. Reverend West gave long answers, often citing complex historical facts
and religious creeds when a much shorter precise answer was called for. In his
examination, both by his own representative and the panel, Reverend West did
demonstrate some insight during the final re-examination by his representative, accepting
that he had 'messed up' and had acted inappropriately. Where there was conflict between
what was said by the pupils who gave oral evidence to the panel, and what was said by
Reverend West, then the panel preferred the evidence of the relevant pupils. The pupil
evidence both in terms of their witness statements and their oral evidence was consistent
and compelling.
The panel then considered each allegation of the Notice of Proceedings. Allegation 1: the
panel first considered whether the words attributed to Reverend West had been said.
1 (a). Reverend West stated that he was "allergic to Mohammedans" or words to
that effect.
Pupil A and Pupil B gave oral evidence that Reverend West had said in class that he was
'allergic to Mohammendans'. The principal, Witness A, gave evidence that Reverend
West admitted to her that he had used those words.
Reverend West in his investigation interview at the school on 12 November 2013 was
asked 'did you say you were allergic to Mohammedans under your breath?' Reverend
West replied 'yes - was a throw away remark'. In his witness statement dated 20 April
2014 Reverend West stated 'I did say some form of words similar to this although to the
best of my recollection I referred to Mohammedanism rather than Mohammedans and I
cannot now recall whether I said we or I'. 9
The school investigation report at page 67 of the hearing bundle confirmed 'Mr West
admits saying he was allergic to Mohammedans …. Mr West states that he used the
phrase under his breadth'. Finally, in evidence before the panel, Reverend West admitted
using those words in the class.
Accordingly the panel finds particular 1a proved.
1.b On 8 November 2013, when asked by a student if there was anything wrong
with being a Muslim, Reverend West stated "yes, because we are fighting them" or
words to that effect.
Pupil B gave oral evidence that she had asked Reverend West whether there was
anything wrong in being a Muslim and he had responded 'yes because we are still
fighting them'.
Reverend West in his investigation interview at the school was asked 'A student claims
the girls asked you if there was anything wrong with Muslims to which you responded
Yes, because we're fighting them'. His answer was 'yes-but stated this in reference to
history and the contents of the topic in class ie 'we' being 'Christians', fighting them'. At
paragraph 11 of his witness statement dated 20 April 2014 Reverend West admitted
saying to the class 'yes because we are fighting them' or words to that effect. Finally, in
evidence before the panel, Reverend West admitted using those words in class.
Accordingly the panel finds particular 1b proved.
1.On 8 November 2013 Reverend West made inappropriate comments to students
whilst teaching a history lesson
Reverend West's case, in part, was that the words in question were used exclusively in
the context of role play and needed to be understood as such. Whether or not this is the
case the result of his teaching confused and angered a number of his students. A teacher
has an absolute obligation to manage pupil learning effectively. In this case by his
selection of the language used as set out above and by allowing the situation to arise in
which his personal religious views were intruding into his teaching or appearing to do so
and by failing to make clear beyond doubt that he was adopting role play he behaved
inappropriately.
The panel finds allegation 1 proved.
Allegation 2: the panel first considered whether the words attributed to Reverend West
had been said.
2.a On 14 November 2013, he stated "I assume you are all Christians" or words to
that effect. 10
Pupil A gave oral evidence that Reverend West had stated in the classroom 'I am
assuming you are all Christians'.
At paragraph 14 of Reverend West's witness statement he states I did say something like
'I assume you are all Christians'. In his evidence before the panel Reverend West
admitted using the words 'I assume you are all Christians' in his class.
Accordingly the panel finds by reference to Reverend West's own admittance that
particular 2a is proved.
2.b On 14 November 2013, he stated "Any Non-Christian God is demonic" or words
to that effect.
At paragraph 15 of Reverend West's witness statement he states I did say that 'any non –
Christian God is demonic'. In his evidence before the panel Reverend West admitted
using those words in his history lesson.
Accordingly the panel finds by reference to Reverend West's own admittance that
particular 2b is proved.
2.c On 14 November 2013 he stated "Muslims worship the devil" or words to that
effect.
Pupil C and Pupil D gave evidence that Reverend West had used the words 'Muslims
worship the devil' when he addressed the class. Witness A gave evidence that Reverend
West had admitted to her that he had used those words in the classroom.
At paragraph 16 of Reverend West's witness statement he said 'I did say Muslims
worship the devil or words to that effect'. In his evidence before the panel Reverend West
admitted using these words in his history lesson.
Accordingly the panel finds by reference to Reverend West's own admittance that
particular 2c is proved.
2.d On 14 November 2013 he stated "Well there is one God, and if you are not
worshipping him then you are worshipping the devil" or words to that effect.
Pupil B gave oral evidence that Reverend West had stated during the lesson ‘well there
is one God, and if you are not worshipping him then you are worshipping the devil'.
At paragraph 17 of Reverend West's witness statement he states 'I did say 'well, there's
one God, and if you're not worshipping him, then you're worshipping the devil' or some
similar form of words'. In his evidence before the panel Reverend West admitted using
those words in his history lesson.
Accordingly the panel finds by reference to Reverend West's own admittance that
particular 2d is proved. 11
2. On 14 November 2013 he made inappropriate comments to students whilst
teaching a history lesson.
Reverend West's case, in part, was that the words in question were used exclusively in
the context of role play and needed to be understood as such. Whether or not this is the
case the result of his teaching confused and angered a number of his students. A teacher
has an absolute obligation to manage pupil learning effectively. In this case by his
selection of the language used as set out above and by allowing the situation to arise in
which his personal religious views were intruding into his teaching or appearing to do so
and by failing to make clear beyond doubt that he was adopting role play he behaved
inappropriately.
The panel finds allegation 2 proved.
3.a During one of the two lessons he asked students to state their religion to the
class and responded positively if a student stated that they were Christian.
At paragraph 12 of Reverend West's witness statement he comments that his 'purpose
was to identify obstacles to achieving empathy and enrich the lesson. I would agree that I
welcomed any student indicating that they had a Faith background as I thought this
would help them contribute to the class'.
Pupil A gave oral evidence that Reverend West's tone was 'matter of fact' and he was
serious. Pupil D did not give oral evidence and her witness statement records that when
a pupil responded that they were a Christian, Reverend West responded 'good'. In his
letter to the National College dated 3 January 2014 (page 92) Reverend West stated 'yes
I commended them with the word 'good' for disclosing their religious affiliation in a course
about religious relations'.
The panel is not satisfied on the balance of probabilities that Reverend West
systematically responded positively when students stated that they were Christian.
Accordingly the panel does not find particular 3a proved.
3.b During one of those two lessons he asked students to state their religion to the
class and responded negatively if they stated otherwise.
Pupil B gave evidence to the panel that when Reverend West asked the pupils as to their
religion Pupil E responded that she was an atheist. The panel would have found it helpful
to have received evidence from Pupil E in written or oral form. Pupil B gave evidence that
Reverend West responded 'oh we'll have to work on you'. Pupil C gave evidence that
Reverend West had responded 'may as well be a Muslim and worship the devil'.
In evidence Reverend West admitting saying in evidence 'oh we'll have to work on you' to
Pupil E. Reverend West gave an explanation that an atheist would have an additional
barrier to emphatic understanding. In his witness statement Reverend West stated that
this was no indication of intolerance or lack of respect for the faith and belief of others. 12
The panel finds that Reverend West made the comment in question and also determines
that the response 'oh we will have to work on you ' was a negative response.
The panel accordingly finds particular 3b proved.
4. His comments as set out at paragraph 2 caused two students to leave the lesson
early.
At paragraph 29 of Reverend West's witness statement he states 'two students left the
class immediately after the discussion of RS’, and it is common ground that two students
did leave the classroom before the end of the lesson. Mr Harrington on behalf of
Reverend West submitted that in order to find allegation 4 proved the panel had to
determine that the students departed early from the lesson because of the particulars set
out in allegation 2 of the allegations.
The two students who left the lesson early were Pupils B and C. Pupil B in her witness
statement said she left the lesson because she did not want to hear Reverend West
teach in a biased manner: 'He was telling us that everything we had learnt in our RS
lessons was lies and was incorrect'. Pupil C in her witness statement states she left the
lesson early because Reverend West had been teaching about topics which were not
relevant to the lesson.
The panel heard considerable evidence as to the contribution made by the pupils'
religious studies teacher and the high regard the pupils had for her teaching. The panel is
satisfied that some of the pupils were upset as to the challenge made by Reverend West
when he made reference to the pupils failing their RS examinations because what they
had been taught was 'wrong' and was a lot of 'rubbish'. The panel is also mindful that a
number of issues from the first lesson had not been resolved and may have been a factor
as to why the pupils left the classroom early.
The panel is therefore not satisfied that the particulars set out in allegation 2 solely
caused the two students to leave the lesson early. The panel accepts the submission
made by Mr Harrington that there were other reasons why the two pupils left the class
including their loyalty towards their RS teacher.
Accordingly the panel does not find allegation 4 proved.
5. He knew or ought to have known that his comments and behaviour as described
in paragraph 1 to 3 above was capable of causing offence to students.
Pupil B gave evidence that she found the comments of Reverend West 'upsetting' and
she was 'angry' with Reverend West because he was discriminatory about different
religions and people, and would not accept that people are allowed to have different
opinions. Pupil A gave evidence that 'people in the classroom were angry about Mr
West's comments'. The panel is satisfied that the effect of what Reverend West said and 13
how he behaved offended a number of pupils. Furthermore the panel note that Reverend
West's comments caused two pupils to leave the second lesson early.
Reverend West is a teacher of some considerable experience as established from his CV
within the hearing bundle. Reverend West has taught in a number of educational
settings. The panel is satisfied that with his background and experience Reverend West
should have understood and appreciated that he was in sensitive territory with his
approach to the lesson he was teaching. This is even more the case for the lesson on 14
November in the light of the advice he was given by senior staff at the school following
the complaints about the lesson on 8 November. The panel notes that prior to teaching
the lesson on the 14 November Reverend West gave specific assurances. Furthermore,
the panel notes that in answer to a question from his representative, Reverend West
admitted he had 'messed up' in his approach to the lessons. Bearing these
considerations in mind, the panel finds that Reverend West ought to have known that his
comments and behaviour were capable of causing offence.
Mr Harrington has argued that charge 5 is in breach of The Human Rights Act 1998 and
the European Convention on Human Rights. When he was asked to expand on his
submission Mr Harrington made reference to Freedom of Expression. The panel received
legal advice that Article 10 of the Convention provided for freedom of expression and that
right 'shall include freedom to hold opinion and to receive and impart information and
ideas without interference by public authority and regardless of frontiers'. The exercise of
such freedom 'may be subject to such formalities, conditions, restrictions or penalties as
are prescribed by law'.
The panel accepts the advice of the legal adviser that Article 10 is applicable and
therefore the issues are whether any interference is legitimate and proportionate. Article
10 has to be considered by reference to the formalities and conditions imposed upon
members of the teaching profession. The Teachers' Standards published by the
Department of Education requires teachers to treat pupils with dignity and by building
relationships rooted in mutual respect. The task of the regulatory body is not to determine
what an individual can or cannot do in all aspects of their life, they are only determining
the conduct of a teacher by reference to Teachers’ Standards.
Accordingly the panel finds allegation 5 proved.
6a. and b. His conduct as described at paragraph 1 to 3 above demonstrates
intolerance for the faith and belief of others and a lack of respect for the faith and
belief of others.
The panel finds that Reverend West, on the balance of probabilities, in expressing the
comments set out in allegations 1 and 2, was not in role. The panel is assisted in coming
to that determination by a consideration of what Reverend West stated in the meetings
on the 12 and 14 November 2013. The meetings were at the time the complaints were
first raised, and Reverend West at the time of the school investigation did not suggest to 14
the senior staff at the school that when he made the relevant comments he was in a
particular role. The panel concludes that Reverend West allowed personal views alluding
to the modern world to interfere with his teaching of the Crusades. The panel is in no
doubt as to the impact upon the pupils who believed they were hearing intolerant and
disrespectful opinions as found proved in allegations 1 and 2. The panel is also aware of
the impact of the negative comment found proved at allegation 3b.
Pupil B asked Reverend West whether he was saying that everything that she had learnt
in RS was wrong 'and whether it was in his opinion or in general'. Pupil B states that
Reverend West responded by saying 'it’s my opinion and it is true and you should go and
ask your teacher about it'. Reverend West maintained that everything they had been
taught in RS was 'wrong' and 'rubbish'.
In his email to Witness A on 9 December 2013 Reverend West was scathing in his
criticism of the complaint as to his teaching on a religious war. He stated:
I am not going to bow down to their racist bullying: I am not going to programme my
students with utter trash about Mohammedanism – a religion whose textbook, the Koran,
has been burnt for atrocities against humanity. I am not going to pretend that people
really did not fight, and kill, over religion, when they did, and still do.
… It is about time that YOU put the teacher back in charge and got off your high horse
about the programmed little 16 year olds who are there to learn, and not to lead. I am the
educated man who was chosen by you to lead and to teach! That is what I have done
according to contract. I do not need you to imply that my sixteen year olds know more
than me! … I am not prepared to teach trash to satisfy politically correct criteria set in the
Education Department who are trying to give the false impression in a multi faith (multi
conflict) society that the history of religion has been one long saunter written by WALT
DISNEY with foxes dancing and singing with chickens instead of eating them!
The panel has already referred to the credibility of the pupil evidence. The actions of
Reverend West clearly had a profound effect upon the pupils which was caused by his
lack of tolerance and respect for their views. Pupil B told the panel that there was an
'atmosphere' in the room when some of the pupils attempted to advance views, but not in
a way disrespectful to Reverend West. His response according to Pupil B was 'whenever
we tried to explain the reasoning for our views or said anything Mr West would just laugh
at us'.
Therefore the panel finds that Reverend West's conduct in the classroom has
demonstrated intolerance and lack of respect.
Accordingly the panel finds allegation 6 proved.
The panel finds allegations 1a, 1b, 2a, 2b, 2c, 2d, 3b, 5, 6a and 6b proved. The panel
does not find allegations 3a and 4 proved. 15
Findings as to unacceptable professional conduct and/or
conduct that may bring the profession into disrepute
The panel is satisfied that the conduct of Reverend West in relation to the facts found
proved, involved breaches of the Teachers' Standards. The panel considers that by
reference to Part Two, Reverend West is in breach of the following standards:
A teacher is expected to demonstrate consistently high standards of personal and
professional conduct.
Teachers uphold public trust in the profession and maintain high standards of
ethics and behaviour.
Treating pupils with dignity, building relationships rooted in mutual respect, and at
all times observing proper boundaries appropriate to a teacher's professional
position.
Showing tolerance of and respect for the rights of others and in particular for
different faiths and beliefs.
The panel is satisfied that the conduct of Reverend West fell short of the standards
expected of the profession. Accordingly the panel is satisfied that Reverend West is guilty
of unacceptable professional conduct and conduct that may bring the profession into
disrepute. The conduct of Reverend West could damage the public's perception of the
teaching profession.
Panel’s recommendation to the Secretary of State
The panel has made factual findings in relation to the allegations contained in the Notice
of Proceedings and it is necessary for the panel 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 a proportionate measure and if 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 may have a punitive
effect.
The panel has considered the public interest, and in particular:
The protection of children;
The maintenance of public confidence in the profession;
Declaring and upholding proper standards of conduct.
The panel has considered the advice on teacher misconduct in relation to the prohibition
of teachers, and has concluded that the following are relevant: 16
Serious departure from the personal and professional conduct elements of the
latest Teachers' Standards, as published by, or on behalf of, the Secretary of
State.
Actions or behaviours that failed to show mutual respect and tolerance of those
with different faiths and beliefs.
A deep-seated attitude that leads to harmful behaviour.
The panel has found that the allegations against Reverend West involved acts of breach
of trust, which affect the reputation of the teaching profession. The panel considers that
public confidence in the profession could be weakened if such conduct, as the panel has
found proved, was not treated with seriousness when regulating the conduct of the
profession. The factual findings against Reverend West raise important public interest
considerations in declaring proper standards of conduct for the teaching profession.
Teachers are at all times role models and are expected to act with integrity,
demonstrating impartiality and not allowing personal views and beliefs to intrude into their
teaching.
Notwithstanding the public interest considerations that were present, the panel has to
consider carefully whether or not it would be proportionate to impose a prohibition order.
The panel has taken careful note of the written references handed in by Mr Harrington.
Mr Harrington reminded the panel of the work pressures placed upon Reverend West at
the school at the relevant time, and the emotional difficulties relating to his elderly
mother. Mr Harrington suggested that the risk of repetition was unlikely and that
Reverend West needed a period of reflection; a period of two years being an appropriate
period. Mr Harrington referred the panel to the case of Handyside v The United Kingdom
handed down in Strasbourg on 7 December 1976, and sections 2 and 3 of the Human
Rights Act.
In carrying out the balancing exercise the panel has decided that the public interest
considerations outweigh the interests of Reverend West. Accordingly a consideration of
the public interest requires the panel to make a recommendation to the Secretary of
State that a prohibition order should be imposed with immediate effect.
The panel has considered whether or not it would be appropriate to recommend a review
period of the order. The panel has been mindful that the advice given is that a prohibition
order applies for life, but there may be circumstances in any given case that may make it
appropriate for a review period of not less than two years to be recommended in order for
the teacher to apply to set aside the order. The panel has determined that Reverend
West may have a future contribution to make to the teaching profession depending on
whether Reverend West can demonstrate an adherence to the personal and professional
conduct elements of the Teachers' Standards, and in particular his ability to demonstrate
a rigorous separation between his classroom practice and any personal religious or
political views he may hold. 17
Reverend West is a teacher with many years' experience and he was previously of good
character in his capacity as a teacher. During the course of the hearing Reverend West
did begin to show a limited insight as to his proven conduct. The public interest is
paramount to the consideration of a review balanced against a need to be proportionate.
Taking all these matters into account the panel recommends that Reverend West should
be given the opportunity to make application for a review following the expiration of three
years.
Decision and reasons on behalf of the Secretary of State
I have given very careful consideration to this case and to the recommendations made by
the panel both in respect of sanction and review.
I have noted that the panel did not find allegations 3a and 4 proven and so I have not
taken any account of those allegations when making my decision.
The panel has found that in the facts found proven, the conduct of Reverend West is in
breach of the following standards:
A teacher is expected to demonstrate consistently high standards of personal and
professional conduct.
Teachers uphold public trust in the profession and maintain high standards of
ethics and behaviour.
Treating pupils with dignity, building relationships rooted in mutual respect, and at
all times observing proper boundaries appropriate to a teacher's professional
position.
Showing tolerance of and respect for the rights of others and in particular for
different faiths and beliefs.
Accordingly the conduct of Reverend West fell short of the standards expected of the
profession. This means that Reverend West is guilty of unacceptable professional
conduct and conduct that may bring the profession into disrepute. The panel also found
that the conduct of Reverend West could damage the public's perception of the teaching
profession.
I have taken into account that the panel considered the advice on teacher misconduct in
relation to the prohibition of teachers, and concluded that the following are relevant:
Serious departure from the personal and professional conduct elements of the
latest Teachers' Standards, as published by, or on behalf of, the Secretary of
State.
Actions or behaviours that failed to show mutual respect and tolerance of those
with different faiths and beliefs. 18
A deep-seated attitude that leads to harmful behaviour.
The proven conduct by Reverend West involved acts of breach of trust, which affect the
reputation of the teaching profession.
In my view the factual findings made by the panel against Reverend West raise important
public interest considerations in declaring proper standards of conduct for the teaching
profession. Teachers are at all times role models and are expected to act with integrity,
demonstrating impartiality and not allowing personal views and beliefs to intrude into their
teaching.
I have balanced the interests of the public with the interest of Reverend West. I have also
taken into account the need to be proportionate. On balance it is my view that Reverend
West should be prohibited from teaching.
I have gone on to consider the recommendations of the panel in respect of a review
period. I have similarly taken into account the need to take the public interest and the
interest of Reverend West into account and the need to act in a proportionate way. The
panel has recommended a review period of 3 years and for the reasons given I support
that recommendation.
This means that Reverend Robert West is prohibited from teaching indefinitely and
cannot teach in any school, sixth form college, relevant youth accommodation or
children’s home in England. He may apply for the prohibition order to be set aside, but
not until 12 May 2018, 3 years from the date of this order at the earliest. This is not an
automatic right to have the prohibition order removed. If he does apply, a panel will meet
to consider whether the prohibition order should be set aside. Without a successful
application, Reverend Robert West remains prohibited from teaching indefinitely.
This order takes effect from the date on which it is served on the teacher.
Reverend Robert West has a right of appeal to the Queen’s Bench Division of the High
Court within 28 days from the date he is given notice of this order.
NAME OF DECISION MAKER: Alan Meyrick
Date: 5 May 2015
This decision is taken by the decision maker named above on behalf of the Secretary of
State.
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