Upskirting and revenge porn are to be added to a list of “relevant offences” that can lead to teachers being banned from the profession, under plans out for consultation.
The Department for Education’s consultation is on changes to the advice it gives to misconduct panels on prohibiting teachers from working in schools.
Its new proposals include making six additions to a list of crimes that are seen as “relevant offences” when considering barring teachers.
These are:
- harassment and/or stalking
- child cruelty and/or neglect
- voyeurism (including upkskirting)
- revenge pornography
- sexual communication with a child, and
- controlling or coercive behaviour.
Background: Top 10 reasons for banning teachers
Guidance: Teacher’s use of sexualised language is ‘a low-level’ concern
Exclusive: Rape and revenge porn in secondary schools
Need to know: How the DfE can ban ‘unsuitable’ school leaders
The consultation relates to the decisions made by Teacher Regulation Agency panels on when to ban teachers through a prohibition order.
Safeguarding: Updating the guidance on banning teachers
The government’s advice to the TRA was last updated in 2015.
The consultation launched today says: “It is important the list remains up to date and relevant, and, in the main, these changes reflect changes in the law since 2015.”
The existing advice to the TRA does already say that criminal offences involving sexual activity are likely to be considered to be a relevant offence.
It says an order is likely to be appropriate when the behaviour of the person concerned has been “fundamentally incompatible with being a teacher”.
It adds: “The primary purpose of a prohibition order is to protect pupils and students, maintain public confidence in the teaching profession and uphold proper standards of conduct.”
It also says it is likely that all offences that led to a term of imprisonment or that relate to, or involve, any of the following will be considered to be “a relevant offence” for panels considering a prohibition order:
• violence
• terrorism
• intolerance and/or hatred on the grounds of race/religion or sexual orientation
• fraud or serious dishonesty
• theft from a person or other serious theft
• possession of class A drugs
• supplying of illegal substances of any classification
• sexual activity
• arson and other major criminal damage
• serious driving offences, particularly those involving alcohol or drugs
• serious offences involving alcohol
• serious offences involving gambling
• possession of prohibited firearms, knives or other weapons
• any activity involving viewing, taking, making, possessing, distributing or publishing any indecent photograph or image or pseudo photograph or image of a child, or permitting any such activity, including one-off incidents.
