The Teachers’ Disciplinary Tribunal has recently found a teacher guilty of serious misconduct after multiple complaints were made by staff members and parents. The teacher owned the centre where the behaviour complained of took place.

The Complaints Assessment Committee reported the teacher to the Tribunal after multiple complaints were made about her. These complaints included that the teacher had smacked children on multiple occasions, mostly on the hand, and had encouraged other staff and parents to do the same.

The teacher was also accused of removing food from children’s mouths on two different occasions, and of making inappropriate comments to staff members regarding their weight and eating habits.

It was also alleged that the teacher sometimes put children in a room to punish them and would not let them leave. On one occasion a child was hit by a door when being pushed back into a room they were attempting to leave.

The Tribunal also heard allegations relating to the teacher’s failure to give children appropriate medical care, and failing to meet the legal health and safety requirements for serving food.

The Tribunal had to consider whether these allegations were true and, if they were, whether they amounted to serious misconduct.

Serious misconduct is defined as conduct that:

  1. Adversely affects, or is likely to adversely affect, the wellbeing or learning of one or more students; or
  2. Reflects adversely on the teacher’s fitness to be a teacher; or
  3. May bring the teaching profession into disrepute; and
  4. That meets the Teaching Council’s criteria for reporting serious misconduct.

In this case the Tribunal accepted many of the claims against the teacher. The Tribunal concluded that the teacher had used physical force against children while at work. Further, she had encouraged parents and other teachers to discipline children with physical force.

The Tribunal also concluded that the teacher had forcefully removed food from children on multiple occasions, including scooping food out of a child’s mouth, because she believed the food was unhealthy. It accepted that the teacher had also made inappropriate comments about other teachers’ eating habits.

The Tribunal did not accept that the teacher had failed to provide appropriate first aid to children involved in accidents. The Tribunal found that the teacher had notified parents of their child’s injury and had given the children medical care in the interim.

However, the teacher was found to have failed to keep accurate incident reports regarding the injuries. Some accidents were not reported with sufficient information, and occasionally incidents were not reported at all.

The Tribunal also found the teacher guilty of offences relating to the storage, preparation, handling, and serving of food. There were also issues with food quality and quantity. For example, some rooms at the centre did not have adequate means to monitor food temperatures. Dishes were also handwashed with water below a sanitary temperature.

The Tribunal concluded that the teacher’s conduct amounted to serious misconduct. The teacher’s failings were extensive and showed a disregard for the standards that teachers are required to operate within. Further, there were issues of child safety and there was a likelihood of a child being harmed.

The Tribunal will decide the teacher’s penalty at another hearing in the future.

It is vital to ensure that you are aware of your obligations as a teacher. If you are confused about these obligations, it pays to seek advice from a professional with experience in the area.

Leading law firms committed to helping clients cost-effectively will have a range of fixed-price Initial Consultations to suit most people’s needs in quickly learning what their options are.  At Rainey Collins we have an experienced team who can answer your questions and put you on the right track.