As we approach the one-year anniversary of the horrific murder of George Floyd, I am reminded of the great words of Baroness Doreen Lawrence. ‘Education is key.’ We were honoured and privileged to have Baroness Lawrence visit our school several times to see the work we had embedded in our Curriculum on the life of her beautiful son, Stephen Lawrence.

Our children and their community, predominantly white, learnt much about the horrors of racism and its devastating effects. I was not afraid to deliver a curriculum that others felt was best left alone for fear of controversy.

I had won a Pride of Britain award and led the school for ten years through multiple outstanding OFSTEDs. I adored the children and wanted to give them every opportunity a caring school could offer. I know we did that and more.

In 2015 however, my whole world was rocked and came crashing down.

I was the only Head Teacher of colour throughout the authority. My experiences as an Asian Head Teacher, leading a school of white staff through change, is a separate blog, for a later time; one that I am sure many people of colour in all walks of life will relate to.

It is sufficient to say that my support network now is very different to back then. People of colour who are leaders have often been referred to as aggressive, scary, intimidating. I identify with all of these descriptions. It is all too easy for a pack mentality to destroy people of colour who are in fact assertive, bold and brave in making change for others; people of colour who are highly skilled and dedicated in their jobs.

I wholeheartedly relate to an article in the Guardian, written by Ruby Hamad, dated 7th May 2018 ‘How white women use strategic tears to silence women of colour.’

https://www.theguardian.com/commentisfree/2018/may/08/how-white-women-use-strategic-tears-to-avoid-accountability

As a woman of colour, for some,  just your mere presence is a threat. I resonate with every word that Ruby Hamad writes.

I sought support from SARI (Stand Against racism and Inequality) at the time and this is well documented. To learn about the removal of a statue and Curriculum dedicated to the life of Stephen Lawrence, from the very school in which I had worked so tirelessly, will always make me question why teachers and others within the school did nothing to prevent this from happening. Indeed, how dare anyone in education believe that this was appropriate?  

I have read a lot about the use of social media and its use in vilifying individuals. I was subjected to abusive and nasty trolling in December 2015. A local newspaper allowed a platform of hate, not just against me but also against the school that I was leading.

Some comments referred to ‘the anti-terrorism act’ and ‘having me put in prison as I was brainwashing!’ At the time I was the HT of a highly successful Primary School in a former coal mining community. A town that in many ways was shocked at my arrival, some saying repeatedly that I was ‘too much!’

It was no coincidence that within days of arriving in the area I was challenging some in meetings over use of the ‘N’ word and parents petitioning for the removal of a black boy from using the school bus. I have so much more to tell of my experiences and tell them I will.

The toxic and personal comments were highly destructive. I had no one to turn to. This form of abuse was not the norm, yet many people, including public officials turned the other way and allowed it to happen. Those that worked with me will one day have to answer about my relationships and care towards them and why they got involved in such a vile campaign.

After leaving my post in 2015 I became aware of Facebook groups – ‘The Downfall of Mrs Hart’ and ‘Official Trinity Triumph’. These secret groups had been set up whilst I was Head Teacher at Trinity School. At the time, I was unaware of any of these. I have been shocked, traumatised and disturbed by what I have read on secret groups, Trinity Triumph and Official Trinity Triumph Facebooks. There were even threats of physical assault. To the best of my knowledge many of the individuals who were members of these groups still hold teaching positions today or are professionals in some capacity.

The disclosure of the Facebook postings reveals a darker more sinister side to the events of November/December 2015. Why would people want to ‘remove me from the place I love the most.’? These are the very teachers I worked with when I was HT at the school. I can demonstrate that my relationships were good with these staff. Often it can be those you least expect to be the ring leaders.

Inappropriate use of social media can cause irreparable damage to the lives of individuals and their families. This however was not simply inappropriate. It was carried out in a highly organised and secret campaign. These people teach our children. When someone is being attacked, humiliated and savaged there are a percentage of people that have a ‘thank goodness it isn’t me’ attitude. Some revel in what becomes daily and addictive reading. They too form part of the problem, escalating it to what can only be described as a frenzied attack.

At the height of the vicious social media in 2015, I resigned and was offered a settlement by the CEO of the Trust taking over the school. I rejected it as I knew that this was an attempt to affect my ability to speak out on what had happened to me. When you fight back at injustice it is at this stage an attempt to discredit you begins.

In June 2016 I commenced legal proceedings against an individual member of the NUT. I later discovered that this person, represented by the NUT, was part of a wider group operating on social media. After I had successfully won my case, I was referred by the NUT to the Teaching Regulation Agency (TRA) in March 2017. This was fifteen months after I had resigned. The majority of the witnesses that the TRA are relying upon were members of the Facebook groups I refer to above.

I have fought for over five years, challenging decisions and will continue to do so.

In June 2017 an article, written by John Dickens, appeared in Schools Week.

https://schoolsweek.co.uk/long-read-is-the-nctl-fit-for-purpose-after-trojan-horse-collapse/

The main thrust of this article was

“Is the NCTL (now TRA) fit for purpose?”

A number of barristers, solicitors and teachers with extensive experience of the TRA were highly critical of the Agency, identifying numerous flaws and failings in their conduct, raising serious questions in their ability to act as a fair- minded Regulator.

Having read the article, I would like to add my experiences to the already comprehensive list of concerns compiled by Schools Week.

Kingsley Napley are the TRA’s chosen legal firm and their lawyers represent the TRA in these proceedings.

The TRA threatening witnesses with incorrect legal advice.

On numerous occasions Kingsley Napley has given incorrect legal advice to potential witnesses. In early 2018 Kingsley Napley informed witnesses that the TRA “have powers to summons witnesses to compel them to attend a hearing. The witness summons, once in place, would amount to a criminal offence should they (the witness) fail to attend the hearing”.

THIS IS INCORRECT. The TRA does not have power to summons a witness.

Why would the TRA threaten their own witnesses with witness summons? In order to obtain a witness summons the TRA must first make an application to a Court. On reviewing the application, the Court will decide whether or not to grant the witness summons. This decision can only be taken by a Court. It is unclear why Kingsley Napley/TRA would feel the need to mislead their own witnesses in this way. The TRA is not a Court of Law.

It is interesting to note that just before this incorrect legal advice was sent out, Kingsley Napley informed my legal team that they were having difficulties in ‘getting their witnesses to engage with their process.’ On receiving such a threatening letter from the TRA, it would be understandable that a lay person would feel compelled to engage with the TRA. This is totally unacceptable.

At around the same time in January 2018, the TRA also enlisted the help of the CEO of The Midsomer Norton Partnership – one of the largest Multi Academy Trusts in the south west. His remit was to send out letters of engagement (containing the incorrect legal advice) to potential witnesses. All of the letters were addressed to ‘the teacher C/O Alun Williams, MSNP’.

I am perplexed as to why Mr Williams agreed to this request, given that a number of the teachers whom the TRA were attempting to contact (through him) had never been employed by him or the MSNP Trust.

I question whether the TRA has given out incorrect legal advice during the course of other referrals. How many other teachers have been affected by this process? I would be very keen to hear from anybody who has experienced similar conduct.

The Secretary of State losing a Judicial Review.

In 2018 a Panel convened by the TRA decided that a number of the witnesses were ‘vulnerable’ and granted them Special Measures. This meant that they could give their evidence via video link or from behind screens. By way of Judicial Review my legal team challenged this decision.

Initially Damian Hinds, The Secretary of State informed me that he would be submitting a defence. When deadline day arrived, I received an email from Government Legal Dept stating that this was no longer his position.

Agreement was reached which resulted in a Court Order. Within the Order the Secretary of State agreed that the Panel’s decision (to grant TRA witnesses Special Measures) was unlawful and that he had ‘erred in law’.

The Decision was quashed. The Judge stated that I ‘should not lightly be deprived of being able to see those who accuse her face to face.’  This Court Order can be found in my blog dated April 4th 2019:

http://www.pepehartandhead.co.uk/442212288

Failure to disclose.

The Schools Week article identifies that “cases were thrown out after the TRA failed to fully disclose witness statements its case was based on”.

In 2017, Kingsley Napley /TRA started a ‘Schedule of External Correspondence’ with my case. This is a log of all the communication that has taken place during the course of their investigation. Such communication includes emails/phone calls to/from potential witnesses, other law firms, Bath & North East Somerset Local Authority officials and trade union officials.

After the latest update the total number of items on this schedule was 2177. Kingsley Napley/TRA have failed to disclose approximately 1000 items from this schedule. The TRA have claimed that they have met their disclosure obligations. The number of undisclosed items suggests otherwise and this will not go unchallenged.

Included in a folder of disclosed material was a ‘Telephone Attendance Note’ (TAN). This is a record of a telephone conversation between Kingsley Napley and one of their witnesses. Later on in the folder, a record of the same conversation is disclosed. The two telephone attendance (TAN) notes should be identical. They are not. In the second TAN a whole paragraph has been added. Disturbingly, someone at either Kingsley Napley or the TRA has altered one of the documents.

A number of the witnesses which the TRA are relying upon have communicated that they do not wish to be part of the TRA’s investigation. One such witness emailed the TRA –

“I have repeatedly sent emails to say that I will not be attending the hearing and that I do not wish to be contacted any longer”.

Not only does this demonstrate that Kingsley Napley/TRA are pressuring witnesses to be part of their investigation, but of equal concern is that the emails to which this witness refers have yet to be disclosed.

Duration

The Schools Week article states that the “TRA aims to complete 70 per cent of teacher misconduct referrals that require a hearing within 12 months”.

The TRA received the referral from the NEU (formerly NUT) in March 2017. This, I am informed, is the longest case in the history of the TRA. This unresolved investigation has, to date, taken four years and two months, with another case previously against me being dismissed.

In 2018 I made a Freedom of Information request to the DfE. I asked for the TRA’s costs of conducting their investigation. Up until October 2018 the TRA had spent £133,000. As we are now in 2021, I estimate that this figure is now over £200,000.

Is the TRA fit for purpose?

This question was raised in 2017 by Schools Week. Their article contains comments from a range of professionals who have their own experiences of the TRA. Their comments were extremely concerning and cast significant doubt as to whether the TRA is fit for purpose.

My own experiences, which are by no means an exhaustive list, demonstrate that the TRA is incapable of learning from past mistakes. Their investigative process is flawed. It has taken them 50 months to conduct an investigation which includes sending out incorrect legal advice, losing a Judicial Review, lack of disclosure and producing differing accounts of the same telephone conversation.

There needs to be a thorough review by an independent task force into the TRA’s practices. Only then can we as educators have faith that our own regulator is fit for purpose.

I will never give up in my pursuit for justice.

As a person of colour, I was the vulnerable one who was targeted by people within secret Facebook groups. I was bullied.

It is the repeated failings of the TRA that has resulted in the duration of this case being overly long and drawn out. The impact on so many lives is frankly unforgiveable.

For years, the TRA have pursued their own witnesses in order to justify spending tax payer’s money on a malicious referral that most of those involved were not initially aware of.

Nick Gibb has knowledge of this case and should be questioned in public on his role within the TRA.

I feel so lucky to have had the support of many people who have been there for me in the last few years. People who have been prepared to walk with me, stand by me and believe in me, too many to mention.

I always look for the good in bad situations and I have discovered so many new allies during this time. Many women of colour have shared their all too similar stories with me. We have been on the same journey. We will not hide. We will not be ashamed. We will rise together and support one another. Bold, courageous, assertive and strong.

When you speak your truth, why would you give up?

‘Be thankful for the struggles you go through. They make you stronger, wiser & humble. Don’t let them break you. Let them make you.’ Unknown