Former deputy head spared teaching ban despite biting and slapping child

Miss Claire Herbert, who worked at Red Rose Primary School in Chester-Le-Street, went before the professional conduct panel after being accused of getting into a physical altercation with a child which included biting, scratching and slapping the youngster.

The allegation put before the Teaching Regulation Agency (TRA) panel stated: “On or around 18 June 2022, you: (a) Bit Child A; and/or (b) Slapped Child A; and/or (c) Scratched Child A”.

The panel were shown documents detailing the child's injuries including red marks, scratches and bruising to various parts of their body, including their face, neck, leg and hand, which the child confirmed were injuries caused by Miss Herbert.

The panel also heard how on December 19, 2022, Miss Herbert accepted a conditional caution from the police for the offence of common assault on the child.

One witness said she had visited the child shortly after with the youngster telling them Miss Herbert caused two bite marks, one on their hand and another on their head.

The child also said they had been slapped and scratched by "Miss Herbert's false nails" and were "called fat" by the teacher.

The three charges of biting, slapping and scratching a child were found to be proved by the panel.

The hearing outcome report stated: “The panel concluded, on balance, that Miss Herbert admitted allegations 1(a) to 1(c). Notwithstanding this, the panel made a determination based on the facts available to it.

“The panel considered an out of court disposal acceptance form which confirmed that Miss Herbert accepted a conditional caution for the offence of common assault against Child A, which was administered on 19 December 2022.

“The form referred to Child A disclosing that she was slapped, bitten and scratched by Miss Herbert on 18 June 2022. The panel was provided with a handwritten statement which Miss Herbert made to the police on 11 July 2022 as part of a voluntary police interview.

“The statement confirmed that she accepted an incident took place on 18 June 2022 where she used force against Child A, for which she had no lawful authority to do so. She further accepted she had committed a criminal offence for which she would be prepared to accept a caution.”

In coming to their decision, the panel also considered a written statement from Miss Herbert dated July 2024 within which she described the incident as a “blur” but accepted that she had a verbal argument with Child A which became physical on both sides.

Key to their decision was the fact Miss Herbert had accepted a police caution.

The report highlighted reference to the Teacher Misconduct advice which stated: “Acceptance of a caution establishes a clear admission of guilt in respect of the offence for which the caution has been given.”

The panel noted that the allegations took place outside the education setting, but were satisfied that they were relevant to Miss Herbert’s position as a teacher, in that she had assaulted and injured a child.

For these reasons, the panel was satisfied that “Miss Herbert’s conduct amounted to misconduct of a serious nature which fell significantly short of the standards expected of the profession”.

They also highlighted how Miss Herbert’s “actions constituted conduct that may bring the profession into disrepute”.

Despite this, the panel decided not to ban Miss Herbert and prohibit her from teaching for any period of time.

While the panel acknowledged Miss Herbert's misconduct was serious, it noted the incident was isolated and "out of character" for the teacher who "appeared to have an unblemished record", working successfully in senior and trusted roles.

They also said Miss Herbert had shown "genuine and significant regret and remorse", admitting her honesty about the events and "accepting the blame as the adult in the situation".

The panel said the risk of a repeat offence was "very low" and prohibiting Miss Herbert from teaching for a period of at least two years would not "produce any material change or serve any useful purpose".

The report stated: “The panel therefore determined that a recommendation for a prohibition order would not be appropriate in this case.”

Miss Herbert was deputy head at the school and was also a special educational needs teacher and deputy lead for safeguarding.

The school referred the matter to the TRA on 28 April 2023 after Miss Herbert accepted a police caution for common assault.