Ofsted faced criticism from a Court of Appeal judge for firing an inspector who removed rainwater from a pupil, stating that the action did not warrant dismissal. The inspector, Andrew Hewston, was terminated for gross misconduct after allegedly touching a student during an inspection in 2019. While an employment tribunal initially upheld Ofsted’s decision, an appeals tribunal later deemed the dismissal unjust. Despite Ofsted’s attempt to challenge this ruling in the Court of Appeal, they were unsuccessful.
During the judgment, Lord Justice Underhill, along with Lord Justice Warby and Sir Launcelot Henderson, supported the appeals tribunal’s decision. Lord Justice Warby emphasized that the conduct in question, although making the child uncomfortable, did not justify dismissal.
The judges highlighted a strained relationship between the school and Ofsted, with the school’s complaint letter displaying hostility. The school described the incident as “slimy and very precarious,” claiming the pupil’s personal space was violated.
Lord Justice Warby criticized Ofsted for not disclosing the child’s version of events to Hewston, which was less dramatic than the school’s account. He stated that the dismissal was unfair as Ofsted failed to communicate clearly with Hewston about the consequences of his actions.
Following the judgment, Hewston expressed relief that his name had been cleared after a challenging period. Unison general secretary Christina McAnea criticized Ofsted for prematurely ending Hewston’s career and wasting public resources on legal action. McAnea emphasized the importance of union membership for employee support in such cases.