Teacher suspended for holding down pupil
Reporter: by KAREN DOHERTY
Date published: 26 June 2008
A PRIMARY school teacher who used inappropriate force to restrain a seven-year-old pupil with autism has been suspended for a year.
David Stubbs, a former teacher at St Martin’s CE School, Fitton Hill, was found guilty of unprofessional conduct after holding the Year Two pupil with special needs to the floor.
However, the General Teaching Council for England also criticised the school’s policies and procedures for controlling and restraining pupils.
A professional conduct committee in Birmingham on Monday found that Mr Stubbs used inappropriate force during the incident with the child, referred to as Pupil A, on March 22, 2006.
A first-hand account of what happened was given deputy head teacher Mrs Dianne Wright, along with hearsay evidence from two other staff, who heard the pupil call out.
Mr Stubbs was sacked by the school following an investigation. He did not attend the hearing but the committee received anonymous letters of support from parents and colleagues.
It ruled: “We find that to use inappropriate force in a physical intervention for a seven-year-old pupil with special educational needs who suffered from autism does amount to unacceptable professional conduct as defined.”
The committee decided that a reprimand would not be appropriate but said that there were mitigating factors.
It also criticised the school and added: “The committee had concerns about the lack of robust and consistent policies and procedures relating to physical intervention/positive handling in the school which resulted in Mr Stubbs being in this situation with Pupil A.
“We were also particularly concerned about the inconsistency in the evidence presented to us regarding staff awareness of the risk assessment plans in place for Pupil A.”
St Martin’s has reviewed its policies and procedures since the incident. In October, 2006 the education watchdog Ofsted said that it provided good care for its pupils and had “well considered child protection procedures”.
Head teacher Garath Jackson explained that individual risk assessment were reviewed regularly to ensure the safety of pupils and staff.
He said that the school had followed the correct procedures as soon as the allegation of unacceptable conduct was made and added: “Any inappropriate use of force against a pupil is regrettable and unacceptable.
“I am confident that our school has robust and effective procedures in place to challenge any allegation of unacceptable conduct by a member of staff against a pupil.”
“On behalf of the school, I welcome the decision — not least because it shows that we acted promptly to ensure that unacceptable conduct from a registered teacher has no place at our school, or in the education system, and that the well-being of all our children is of paramount importance to us,” added Mr Rogers.
Mr Stubbs has 28 days to appeal lodge a High Court appeal.
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