A former Ofsted inspector who was fired after brushing water of a student’s head has won a six-year unfair dismissal case.
Andrew Hewston faced a disciplinary panel and was fired in 2019 after wiping water off the forehead of a pupil who had been drenched with rain during a school inspection.
The watchdog claimed Hewston had not maintained “professional boundaries” and had not recognised his “error”, despite the inspector saying he would not do it again.
An employment appeal tribunal verdict in 2023 ruled that Hewston had been unfairly dismissed, which Ofsted had attempted to overturn through a Court of Appeal hearing last year.
The watchdog claimed Hewston had not maintained “professional boundaries” and had not recognised his “error”
The Court unanimously ruled in the inspector's favour - who was represented by Unison.
They called the occurrence a “momentary and well-meaning lapse of professional judgement” that he was “unlikely to ever repeat”, and one judge branded Ofsted’s decision as “deeply regrettable”.
Judges described Hewston as “an experienced inspector with an unblemished disciplinary record on safeguarding issues”, and said it was unclear which rules he had broken.
They added that a letter of complaint was full of “hostility” and indicative of a “pre-existing poor relationship” between the school and Ofsted.
MORE LIKE THIS:
- Former headteacher who urged pupils to 'recite the Koran' and 'wear hijabs outside of school' appointed as Ofsted chairman
- Ofsted changes will make education system less transparent, says Shadow Education Secretary
- Ofsted warns full-time schooling considered 'optional' as schools let children attend part-time in flexi 'learn-from-home'
The school described the event as a “slimey and very precarious situation” and said the student had complained that his “personal space had been invaded”.
The inspector said the past several years had been a “very difficult time”, adding: “I am glad my name has been cleared and my exemplary record remains intact.”
“Without the support of Unison, I would’ve accepted the original verdict and my 35-year career would have been destroyed. I shudder to think what my life would be like now if I’d done that.”
Unison criticised Ofsted for using public funding to pursue Hewston through the courts.
Christina McAnea, the union’s general secretary said: “Andrew Hewston’s career was unnecessarily cut short by Ofsted"
PAChristina McAnea, the union’s general secretary said: “Andrew Hewston’s career was unnecessarily cut short by Ofsted."
"He never should have been sacked and Ofsted shouldn’t have wasted public money pursuing him through the courts.”
She added: “The speed at which the judges rejected Ofsted’s appeal reflects how wrong it was to continue going after Andrew. Hopefully, his long ordeal is now finally drawing to a close.”
