The High Court has confirmed the removal of a registered teacher from the register of teachers, with no eligibility to apply for restoration for 30 years from the date of removal.
In an ex parte application under section 44(5) of the Teaching Council Act 2001, the Teaching Council asked the court to confirm the sanction imposed by its disciplinary committee. The decision was made by Ms Justice Irvine, President of the High Court, on 24 January 2022. The court said its role was restricted and that it had to confirm the decision unless it saw good reason not to.
The disciplinary panel found the allegations proven beyond reasonable doubt, relying on admissions made through the teacher’s solicitor and a Circuit Court order setting out convictions and sentence. The allegations concerned convictions in January and May 2020 for offences involving sexual intercourse with a child under 15 and sexual exploitation of a child. The panel also found the teacher’s fitness to teach was affected.
The panel ordered removal from the register and a 30-year period before the teacher could apply for restoration. It cited the seriousness of the offences, protection of children and the public, and public confidence in the teaching profession. It also considered mitigation: the teacher’s participation in the disciplinary process, his lack of prior disciplinary attention from the Council, and his guilty pleas in the Circuit Court.
The teacher did not apply to the High Court to annul the sanction within the 21-day period. The court reviewed the panel’s process and reasoning, including its consideration of the available sanctions and mitigating factors. Justice Irvine concluded that the sanction was fair and proportionate and that there was no good reason to refuse confirmation.
The court therefore confirmed the panel’s decision. The judgment did not itself specify a removal date; the 30-year period runs from the date the teacher’s name is removed from the register.