• Liz Jackson

Headteacher is fairly dismissed

Headteacher fairly dismissed for failing to disclose her relationship with a sex offender

The Court of Appeal has upheld, by a majority, a tribunal decision which found that a school had acted reasonably in dismissing a headteacher for misconduct on the basis that she did not disclose her relationship with a person convicted of making indecent images of children. The court found that she had failed in her safeguarding responsibilities in unilaterally deciding that there was no need to disclose her relationship with the offender and his conviction to the school. Given her position, she should have realised that it was relevant information which she should have provided to the school so that it and the governing body could decide for themselves what steps to take in light of the information.

Elias J, dissenting, said that there could be speculation as to the school’s concerns, but there was no evidence as to what they actually were. As a consequence, there were no reasonable grounds for concluding that there was an enhanced risk to children at the school.