Last month Andrew Faux, a Director of The Reflective Practice Limited, secured an earlier than expected return to the classroom for superhead Greg Wallace. Mr Wallace was prohibited from teaching by the Secretary of State for Education last year and appealed the decision. Andrew persuaded The High Court that the guidance relied on by the Secretary of State when considering whether or not to prohibit teachers was deficient in three important respects; it made no mention of the public interest in retaining teachers in the profession, it failed to set out that a finding of professional misconduct is of itself a sanction and its approach to the issue of proportionality was wrong. As a consequence the Court found the decision to prohibit was both “wrong” and “unjust”. The case was not remitted for further consideration and Mr Wallace is now free to continue in the teaching profession. This is the first time The High Court has been persuaded that the Secretary of State was wrong when they declined to follow a recommendation of the National College for Teaching and Leadership and in that regard this Judgment breaks new ground.
The case picked up national interest and was widely reported: