Is it ever appropriate for a teacher to have a sexual relationship with a former pupil?

In Christina Bourne: professional conduct outcome, the Secretary of State considered whether it was appropriate to impose a teaching ban on a teacher who had engaged in a sexual relationship with a former pupil and disclosed private sexual photographs.

Facts

Ms Bourne was a music teacher. She taught A between 2007 and 2010. In 2017, A reported concerns to the police about his relationship with Ms Bourne. She was suspended while her employer carried out an investigation, and she later resigned.

The allegations were that Ms Bourne had engaged in a sexual relationship with A for a number of years and had sent private sexual photographs to A's partner. The relationship began around five years after she had taught him. 

Ms Bourne accepted a police caution for sending sexual photographs to A's partner with the intent to cause distress. She does not appear to have been charged with the criminal offense of a teacher having a sexual relationship with a child, presumably because A was over 18 years old when it started (it is a criminal offense for teachers to engage in sexual activity with a pupil under the age of 18). 

A professional conduct panel was convened to determine whether these allegations were proven and, if so, whether Ms Bourne was guilty of unacceptable professional conduct and/or conduct likely to bring the profession into disrepute. 

Professional conduct panel

The panel found that Ms Bourne had a long-running sexual relationship with A and had sent private sexual photographs to A's partner to cause distress.  

Having found all the allegations proved, the panel went on to consider whether it amounted to unacceptable professional conduct and/or conduct that may bring the profession into disrepute.

The panel considered that Ms Bourne was in breach of the following Teachers' Standards: 

A teacher is expected to demonstrate consistently high standard of personal and professional behaviour. 

Teachers uphold public trust in the profession and maintain high standards of ethics and behaviour, within and outside school, by

• at all times observing proper boundaries appropriate to a teacher's professional position; and
• not undermining fundamental British values, including the rule of law (in relation to the allegations about disclosing private sexual photographs and receiving a police caution).

The panel also considered the offences listed in the Teacher misconduct: the prohibition of teachers and it found that the offence of revenge pornography was relevant. 

The panel considered a number of mitigating circumstances: the relationship was consensual, occurred when A was an adult, and took place some time after A had ceased to be Ms Bourne's pupil.

In relation to the other allegations - that she disclosed private sexual photographs of A to his partner with intent to cause distress and received a police caution for that conduct - the panel noted that, although this behaviour occurred outside an educational setting, it could undermine respect for the rule of law and demonstrated a serious undermining of the standards of personal and ethical conduct expected of teachers. The panel said it “normalised unacceptable behaviour which represented a risk to pupils", it was unacceptable professional conduct that may bring the profession into disrepute. 

The panel noted that Ms Bourne became acquainted with A through her teaching role and an inherent power imbalance existed, placing her in a position of influence. She had a responsibility to ensure that no sexual relationship occurred with a former pupil. By engaging in and continuing such a relationship over a considerable period, she significantly departed from the standards expected of a teacher. Accordingly, the panel recommended to the Secretary of State that a prohibition order be imposed with immediate effect, with provision for review after four years.

The Secretary of State agreed with the panel. 

Key points to note for schools and colleges

When we hear about teachers forming relationships with pupils, these typically involve current pupils under the age of 18 years. However, this case highlights that a relationship with a former pupil can still be inappropriate - even between consenting adults. We don't know A's age at the time their relationship started, although we suspect he was a young adult. The finding on this point may have been different had A been significantly older at the time.

The teacher first met the individual when he was a pupil, and that created an inherent position of influence that did not simply disappear once he left school. 

This case also demonstrates that behaviour such as sharing sexual images, commonly referred to as revenge pornography, is a very serious offence. 

It is essential to ensure that all staff understand that relationships with former pupils can be inappropriate and may breach professional standards. Clear guidance and regular training are important to reinforce professional boundaries.

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