Prohibition Order: The case of Lone v Secretary of State for Education

Year Published: 2019

Mr Lone was dismissed for gross misconduct from his position following a complaint made by a female colleague. The colleague complained of unwanted messages and emails sent by the Claimant. Following the dismissal, a professional conduct panel for the Teaching Regulation Agency (TRA) recommended to the Secretary of State that a prohibition order be put in place. This was due to the panel’s view that Mr Lone’s behaviour fell significantly short of the standards expectations as a teacher.

The Department for Education (DfE) states that a prohibition order is likely to be appropriate when ‘the behaviour of the person concerned has been fundamentally incompatible with being a teacher.’ This is a lifetime ban but can be reviewed if a period is specified.

Nick Brown, HR Consultant at SAS Daniels LLP

Nick Brown, HR Consultant

A prohibition order was therefore made against Mr Lone which prevented him from teaching. This resulted in him no longer being allowed to undertake unsupervised teaching work in schools or other settings.

Mr Lone appealed the order on the basis that he had previously been in a consensual sexual relationship with the colleague and that this had not been taken into account. The panel had considered this but did not believe it to be relevant given that, at the time his behaviour was unwelcome and he had repeatedly been asked to stop by the complainant.

Mr Justice William Davis upheld the panel’s finding that any previous relationship was irrelevant. He stated that ‘the real issue was the nature of the conduct by a senior male teacher in his thirties towards a much younger and very junior female colleague. Whether the conduct occurred in the aftermath of an affair did not affect the issue.’ Additionally, it was not clear if an affair had taken place as the complainant denied any such relationship.

As a result of the order, Mr Lone’s details will also be added to a prohibited list. Schools are expected to check this list and update their own single central record to show they have done so. Schools which fail to check the list put both pupils and staff at risk. They can also face an Ofsted inspection should any failures be reported.

For more information regarding prohibition orders or Education / HR related matters, please contact our HR Consultant Nick Brown on 0161 475 7674.

Related Tags: , , , , , ,


Your Key Contact:

Share This:


Disclaimer: Our insight & opinion content provides general information and although we endeavor to ensure that the content is accurate and up-to-date, no representation or warranty, express or implied, is made as to its accuracy or completeness and therefore the information should not be relied upon. The content should not be construed as legal or other professional advice and SAS Daniels LLP disclaims liability for any loss, howsoever caused, arising directly or indirectly from reliance on the information on this website. Please seek appropriate legal advice from one of our suitably qualified lawyers if you require assistance.