'The future depends on what we do in the present.' Mahatma Gandhi.
‘Get up stand up, stand up for your rights…don’t give up the fight.’ Bob Marley
I have received many requests to update my blog. More and more people have expressed support for me and for this I am eternally grateful. As a Head teacher I set out to give all of the children in my care the best education possible. I know I did this and a whole lot more. This was because I worked hard and never gave up on a single child in my care. I loved every day with my heart and soul. It was only during the last five weeks of leadership that my world come crashing down and I was forced to leave a school I had opened in 2005. It has been a struggle for seven long years in my fight for justice…and peace in my heart.
The emotional turmoil and mental torture, never mind financial hardship cannot ever be expressed in words here.
Throughout my time at Trinity school in Radstock, I never received complaints from staff or indeed the unions about bullying. That is perhaps one of the most troubling aspects to this case. There were no grievances and no disgruntled staff as nothing was ever raised with me, the Governors or the NAHT. In fact, I was the one raising concerns with various professionals within the LA, there are plenty of notes demonstrating this. Standing up for the rights of children was and always will be my strength and passion.
In December 2015, I resigned due to toxic social media that was being platformed in the local Somerset Guardian newspaper, with the paper even having to issue a plea on 15 December 2015
“There have been a few comments on this post that we’ve had to remove. Firstly, abusive messages are not acceptable.”
You can only imagine what was being posted. As the only person of colour in the whole of Bath and North East Somerset schools, throughout my ten years in Headship, I was used to being different. But this was a whole new level.
Secret groups and meetings took place, many of which I have now been able to uncover.
In August of 2016, I was referred to the Teacher Regulator, the TRA, by Bath & North East Somerset Council. The referral contained false allegations, all of which were thrown out, with no case to answer. Following this, I commenced legal proceedings against the Local Authority. My claim is for Misfeasance in Public Office.
In January 2017, I sued and won a claim for defamation against a teacher who was represented by her Union, the NUT. Her unequivocal apology was read out in open court and the NUT paid my legal costs. Two months later, Andrew Woolley of the NUT, referred me to the regulator. This was now another referral I would have to fight. It was clear to me that this was an act of revenge; an opinion that was shared in a recent letter written by Simon Thomas (NAHT Head of Legal) to Alan Meyrick, CEO of the TRA. Another letter of concerns surrounding my case was sent by the NAHT in June of this year.
The TRA investigation is now into its 6th year. During this time, I have won a Judicial Review against the then Secretary of State for Education, Damian Hinds. He admitted that a decision to allow witnesses to be given videos/screens, whilst being cross examined, was unlawful. Initially he had claimed that they would 'robustly defend this decision.' He backed down.
There are numerous examples of the witnesses telling the TRA that they want no part in the investigation, some of which I give below:
Witness A - “In regards to expressing that I wish to no longer be a witness on the case. I have emails from July – August 2019 showing this”.
“The whole ordeal gives me anxiety and extra stress and with this in mind I would still like to withdraw as a witness”. As I have previously advised to Kingsley Napley, I have decided to not provide my witness statement or be a witness at the hearing”.
Witness B - “…… I will go through both my GP and legal rights to object to this”.
Witness C - “On numerous occasions I have asked you to not contact me as I do not want anything to do with this. I cannot even remember working at Trinity school anymore so this is pointless as I have nothing to say. Please stop contacting me and retract whatever statement I made”.
“I will also be visiting a doctor soon as your emails are starting to impact my mental health”.
Witness D - “I’m afraid I have been in an anxious state of mind regarding the case of Pepe Hart, I am not able to take part as a witness due to medical reasons”.
Witness E - “I just called her to relay your messages and she broke down in tears while on the phone to me and almost crashed the car…. I can say that she wants nothing more to do with the case…. I would appreciate a call back to remove her from the file and going to speak with our in-house legal team about this”.
The above is just a small sample of the communications between the TRA and their witnesses. The TRA have gone to extraordinary lengths to secure their witnesses against me. Granting of screens, videos, directions, summons, an endless array of mechanisms to ensure that they get enough coming forward. This is nothing to do with intimidation. The methods used are unusual. I would also say that this is an abuse of systems normally reserved for people who are genuinely vulnerable.
Sometimes when you are not telling the truth you seek ways to avoid being questioned.
‘What I know for sure is that speaking your truth is the most powerful tool we have.’ Oprah Winfrey
In June 2019 the TRA disclosed to me postings that had been made to two Facebook groups – Official Trinity Triumph and Trinity Triumph. The groups were set up in 2015, shortly before I resigned and membership was made up of staff and former staff from the school. There was also an 'Action Plan' attached on how to remove me from my post.
In correspondence, the teachers claim that these groups were a way in which they could 'support' each other. Having read the postings this claim is ridiculous. The postings consist of repeated vitriolic abuse and name calling, even going so far as making threats of physical violence against me and comments on my mental health. It is clear this is an edited version and not the complete Facebook.
There was also a further Facebook group that existed around the same time. This was called The Downfall of Mrs Hart. The name of this group speaks for itself.
On three occasions (2018, 2021 & 2022) the TRA have attempted to get hearsay evidence admitted at the Final Hearing. Each time they were unsuccessful. The TRA have seen fit to ignore this decision and have included it anyway. They have stated that they will be making another application for hearsay, this time for a witness who does not want to attend on medical grounds, who incidentally has been saying they wanted to withdraw years before.
Several people have been made to get medical notes to excuse themselves from these proceedings. The pressure from the TRA to make teachers give evidence against me has been described by the NAHT as ‘unusual.’
Two weeks ago, approximately two thousand documents were released to me. This was late disclosure. This practice has been the norm. My lawyers have had to repeatedly ask for documents within my case, documents I am entitled to. There are still approximately one thousand documents that have not been disclosed to me.
Within this latest mass of disclosure, I discovered that the TRA have now had to resort to issuing one of their witnesses with a Court Summons as a direct result of this “witness” wishing to withdraw from their investigation. I am named as the 'defendant' on the TRA witness summons, yet I knew nothing about a summons being issued! Think about that. Is this open and transparent?
Another four witnesses have been served with a letter directing/compelling them to attend. This decision, made by a Lay Panel, does not amount to a witness summons and should not be interpretated as such.
The teachers being hauled before the Regulator to maintain their claims against me perhaps know that this is a farce and I dare say they have been plagued by the TRA into coming forward. Mr Millen, the Presenting Officer for the TRA even said himself in 2021 ‘you don’t summons your own witnesses, they don’t make very good witnesses, they can be reluctant to cooperate.’
Yet still the TRA has summonsed a witness. Others have been ‘directed/compelled’ to attend by the TRA. This actually means nothing as a Panel direction is not a witness summons, although the wording included in their letters could easily be misleading to the lay person. They wrote to them stating
“At the CMH, the TRA applied to the Panel to compel your attendance at the final hearing in order to give evidence in person, pursuant to the 2018 Procedures – 4.48 – This will amount to a requirement by the Secretary of State. I attach a copy of the Professional Conduct Panel Decision which confirms that the Panel exercised its power pursuant to the Procedures to compel your attendance at the final hearing”
On receiving such a letter, it is understandable that a lay person would believe that they have to attend. However, unless it is accompanied by an official Witness Summons from the Court, the Panel’s decision to compel attendance means very little.
More threats from the TRA, scaremongering their own witnesses.
As I have made clear in one of my earlier blogs, only the Court has the power to summons a witness. The TRA is not a Court.
The allegations against me have been changed five times in as many years. The original set (2017) even included maternity related allegations which were attributed to staff who had never been pregnant! When I pointed this out to the TRA, Nabarros (the law firm representing the TRA) were removed and replaced with Kingsley Napley. Kingsley Napley produced a new set of allegations which astonishingly still contained false maternity related allegations attributed to staff who had never been pregnant.
One of the TRA witnesses is the Union Representative, yet he has never worked in the school. The TRA have wrongly identified him as an ‘employee.’ This is an NEU referral and the TRA have ‘directed’ this person to attend.
I am currently taking legal action against the NEU for conspiracy to injure. My lawyers made an application to the TRA Panel to ‘stay’ the proceedings in order that the suing of the NUT can take place and be completed first. The TRA Panel refused.
What are they afraid of?
Recently the TRA dropped sets of allegations and lost witnesses. Despite this they refuse to issue a new Notice of proceedings, as this would mean that the Hearing would have to be relisted.
‘Integrity gives you real freedom because you have nothing to fear since you have nothing to hide.’ Zig Ziglar
Despite all of the above I still find myself being pursued by the TRA for nearly seven years. The Panel consists of three lay people, two being current serving head teachers. The hearing is live streamed. Five weeks of yet more public money spent on a case that the NAHT has explicitly said is ‘an act of revenge.’
This is not only the longest referral in the history of the TRA, it is also the longest duration of any individual hearing.
I know I am not the one only that this has and is happening to. Many teachers have sent messages about concerns regarding the teaching profession’s regulatory body and how they too have been affected by the unfair and inconsistent approaches. The NAHT have expressed concerns.
I have requested in writing that the NAHT escalate my case to a formal complaint with the TRA. I am heartened to read the very recent publication in the NAHTnews Leadership Focus from Paula Porter that 'The TRA's decision-making is also poor, with teachers and school leaders frequently facing hearings in relation to relatively low-level misconduct or very weak evidence.' This is greatly welcomed although I do hope this is now treated with the importance it deserves. The NAHT stated in their article 'the regulator needs urgently to improve its staffing and decision-making to ensure it isn't overwhelmed with inappropriate cases, that it can better manage the (often weak) performance of its external lawyers and that teachers aren't left unfairly in limbo for years waiting for its investigations to conclude.'
I have been investigated by two sets of TRA lawyers. To read that the NAHT believe that the performance of external lawyers is 'often weak' should be a matter of grave concern to the profession.
It is vital that this current system is challenged. Accountability within teaching is essential but surely the system has to be one we all trust, respect and have faith in?
One day you might be stood next to someone who is completely broken but may never show it.
The support for me, from many kind people, has been powerfully uplifting. No words can really express what it has meant to me. I have fought for justice and whatever happens, it will not deter me from demonstrating that the TRA is not fit for purpose. The children and the profession deserve so much better.
There are plenty of good people out there that have taken the time to read and listen to my story. I believe this is the tip of the iceberg. Together we can make real change and stand up for what we believe in.
C Fleary
This is so wrong. Bullying at it’s greatest form. The emotional turmoil that you and your family must be going through and for what reason? Being you and standing up for what is right. Disgusting!
Chris Howells
Oh Pepe, I am sorry, this is appalling, I was myself subject to a similar witch-hunt and character assassination not to this monstrous scale but I totally empathise. You are strong and innocent 😘