Headteacher banned from managing a school after harassment conviction: what are the rules on unsuitability?

What does the law say?

Section 128 of the Education and Skills Act 2008 allows the Secretary of State (as the ‘appropriate authority’) to prohibit an individual from being involved in the management of an independent school (including Academy schools and alternative provision Academies) if they are not considered suitable. This also disqualifies the individual from acting as a governor of a maintained school. 

The Independent Education Provision in England (Prohibition from Participation in Management) Regulations 2014 ('the prohibition regulations') set out when the Secretary of State can impose a prohibition. These include situations where the person: 

• has been convicted of a relevant offence
• has received a caution for a relevant offence
• is subject to a relevant finding in respect of a relevant offence, or
• has engaged in relevant conduct

In addition, the Secretary of State must be satisfied that, because of that conviction, caution, finding or conduct, the person is not suitable to take part in the management of an independent school. 

The Department for Education (DfE) introduced these rules after identifying gaps in protections for independent schools. In particular, it sought to prevent unsuitable individuals from having contact with children and young people and to protect schools from risks such as fraud or deception. 

There is no exhaustive list of roles that count as ‘management’. However, the DfE considers that this includes roles that involve, or are very likely to involve, managing a school. This includes (but is not limited) to headteachers, principals, deputy/assistant headteachers, governors and trustees and staff such as chief financial officers and chief operating officers. 

What is a ‘relevant offence’?

The guidance ‘Prohibiting unsuitable individuals from managing independent schools' explains that a ‘relevant offence’ can include, for example, sexual offences or offences involving dishonesty. It can also include offences committed before someone became involved in managing an independent school. 

When deciding whether an offence is relevant, the Secretary of State will consider:

• the type of offence
• the facts and circumstances
• when it was committed
• when the person was convicted
• the sentence given, and
• any comments made by the court when sentencing

What is a ‘relevant finding’ in respect of a relevant offence?

Under regulation 2(4) of the prohibition regulations, a person has a ‘relevant finding’ in relation to a relevant offence if: 

• they were found not guilty because of insanity
• they were found to have carried out the act, but were not held criminally responsible due to a disability, or
• a court in another country has made a similar finding

What is ‘relevant conduct’?

The prohibition regulations define ‘relevant conduct’ as conduct which: 

• undermines fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of different faiths and beliefs
• a professional body (for example, the Teaching Regulation Agency) has found breaches professional standards
• is so inappropriate that, in the Secretary of State's view, it makes the person unsuitable to take part in the management of an independent school. 

In practice, this can include:

• dishonest conduct
• breaches of equality law
• actions showing a lack of integrity, such as the misusing public funds or using a position for personal gain
• poor financial or governance management
• conduct that puts the health, safety or welfare of pupils and staff at risk 

Second stage test: suitability

Once a relevant conviction, caution, finding or conduct has been established, the Secretary of State then decides whether the person is suitable to manage an independent school. 

All the circumstances of the case will be considered, including:

• the person's explanation for their conduct
• their credibility, integrity and trustworthiness
• their understanding of the duties that apply to independent schools

The Secretary of State will also assess the risk the person may pose in the future. The welfare of children is a key consideration, alongside any impact on the person's career, and any mitigating factors or other relevant information.

In making this decision, the Secretary of State will also take into account the standards and requirements set out in, for example, the Academy Trust Handbook and Keeping Children Safe in Education guidance.

If the Secretary of State concludes that a person is unsuitable, they will issue a prohibition direction preventing them from taking part in the management of an independent school.

Real-life example

The Secretary of State recently issued a prohibition direction in relation to Gregory Hill, a former headteacher. 

Reports indicate that Mr Hill made repeated unwanted romantic advances towards a trainee teacher over an 11-month period, despite being asked to stop. He also reportedly took photographs of her car while she was attending a family event and attempted to control and isolate her from other staff. When police arrested him, he became distressed, refused to cooperate, and claimed he had been assaulted.

In 2024, he was convicted of the following relevant offences: 

• harassment without violence
• obstructing or resisting a constable in the execution of their duty
• persistent use of public communications network to cause annoyance, inconvenience or anxiety. 

He was also found to have engaged in in relevant conduct, including failing to follow statutory safeguarding procedures and creating an unsafe environment for children and staff. 

The prohibition notice states that, in the Secretary of State's view, these convictions and conduct mean he is not suitable to take part in the management of an independent school.  

Key takeaways

This case shows how the legislation works in practice. It demonstrates that the Secretary of State can take into account both criminal convictions and wider conduct, including safeguarding failures, when assessing suitability. It also highlights that behaviour outside the classroom, as well as within the school, can be relevant to that assessment. 

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