A teacher who kicked an autistic pupil “in the spur of the moment” has escaped a ban from the profession.

Andrew Gardiner, who was supervising a group of pupils with learning disabilities on a school trip at the time of the incident, admitted kicking one of the teenagers in an effort to control her behaviour when she became unsettled when walking at a junction with a busy road.

A professional conduct panel of the Teaching Regulation Agency (TRA) heard that Mr Gardiner, then a teacher employed by Whitefield Academy Trust in Walthamstow,  East London, kicked the 17-year-old student when she “became agitated” and started to attack one of his colleagues by the roadside in May 2017.

At the time of the incident, Mr Gardiner was out with a group of six students aged 16 and over, all of whom had autism and severe learning difficulties.

The group was walking back to school from a nearby park when the pupil in question became unsettled and started to pinch one of Mr Gardiner’s colleagues.

The panel heard that the teenager, who had severe autism and learning difficulties, was unable to communicate verbally, and might hit, bite or scratch other people when she felt anxious or unwell.

Teacher expressed ‘deep regret’

In an effort to restrain the pupil, Mr Gardiner wrapped his legs around her on several occasions and kicked her.

Then, on arriving back at the school, he kicked the girl again, he admitted, while she was in a “distressed state”.

Mitigation submitted on behalf of Mr Gardiner said his behaviour was“entirely out of character” and “on the spur of the moment”. It added that the teacher acted with the safety of both his colleague and the pupil in mind.

There was no evidence that the teenager sustained any injuries as a result of either kick.

The panel heard that the incident at the road junction was reported by a member of the public, who said that he was “shocked” and “upset” by what he had observed.

A safeguarding referral was made as a result. There was a police investigation, which did not result in any criminal charges.

The academy trust then conducted a disciplinary investigation and hearing, which resulted in Mr Gardiner’s dismissal and referral to the TRA.

The panel concluded that Mr Gardiner’s actions amounted to “misconduct of a serious nature”, which fell “significantly short of the standards expected of the profession”.

However, while his actions were inappropriate, it was found that Mr Gardiner’s behaviour was “not motivated by a desire to cause hurt or injury”.

The panel decided that there was a public interest in allowing Mr Gardiner to continue to teach, as it understood that he had “made a valuable contribution to the profession over 20 years”.

Its report added: “In the context of two incidents that occurred in a period of approximately 15 minutes in a career of over 20 years, the panel was satisfied that the conduct was out of character.”

Mr Gardiner also expressed “deep regret” for his actions.

The panel’s decision not to impose a teaching ban was upheld by Alan Meyrick, decision maker on behalf of the secretary of state.