Court Rules Ofsted Wrong in Sacking School Inspector Over Minor Incident
Alright, let’s talk about something that has stirred up quite the debate in the education sector. Ofsted, the regulatory body for schools in England, recently found itself on the losing side of a legal battle after it sacked an inspector for what many consider to be an overreaction.
Andrew Hewston, an experienced school inspector, was dismissed for gross misconduct after a school lodged a complaint against him. What did he do? He simply brushed rainwater off a pupil’s head and back during an inspection in October 2019. The school claimed this was an inappropriate action, describing it as a "slimey and precarious situation." However, the Court of Appeal has now ruled that his dismissal was unjustified and did not merit such harsh action.
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Initially, Mr. Hewston challenged his dismissal through an employment tribunal, which unfortunately sided with Ofsted. However, an appeals tribunal later found that his dismissal was unfair. Ofsted, unwilling to back down, then took the case to the Court of Appeal, where they faced yet another defeat.
Lord Justice Warby, along with other judges, found that the school’s complaint was filled with hostility and that Ofsted had never clearly explained what was so wrong about Mr. Hewston’s behavior. In fact, the judges pointed out that the child’s own recorded account of the incident was far less dramatic than how the school had presented it. Ofsted never even disclosed this to Mr. Hewston during the proceedings, further weakening their case.
Mr. Hewston, who had spent more than five years dealing with the consequences of his dismissal, expressed his relief after the verdict. He stated, "At last I feel my ordeal is coming to an end. It has been a very difficult time, but I am glad my name has been cleared and my exemplary record remains intact."
The case has sparked wider discussions about employment rights and due process. Unison general secretary Christina McAnea criticized Ofsted for cutting Mr. Hewston’s career short and wasting public money on a needless legal battle. She also emphasized the importance of union membership for employees who might find themselves in similar situations.
This ruling is a crucial reminder that fairness in the workplace matters. Ofsted’s handling of this case raises serious questions about transparency and accountability. While safeguarding children is, of course, paramount, cases like this show how a lack of due diligence can have lasting consequences on a professional’s career. Hopefully, this decision will encourage fairer treatment of employees in the education sector moving forward.
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