A former Ofsted inspector, Andrew Hewston, is poised to receive compensation after being terminated for a seemingly compassionate act of brushing rainwater off a school pupil’s forehead during a rainy day.
Hewston, a 56-year-old with an impeccable career record, found himself facing a disciplinary hearing and ultimately being dismissed for this incident, where he had touched a schoolboy to remove water from the child’s head and shoulder.
In his defence, Hewston contended that his actions were driven by a sense of care for the young student and that the complaint had been blown out of proportion. Importantly, this incident did not involve any safeguarding concerns, as confirmed during a tribunal.
However, Ofsted authorities deemed this act a “grave” error, leading to the abrupt end of his long-standing career as a social care inspector.
Andrew Hewston, residing in Sutton Coldfield, West Midlands, subsequently took legal action against Ofsted and successfully sued the organization responsible for regulating schools in England.
Initially, he brought his case to an employment tribunal in Birmingham, where his claims of unfair dismissal and wrongful dismissal were rejected.
Undeterred, Hewston pursued an appeal to the Employment Appeal Tribunal (EAT), which ultimately ruled in his favor. The EAT found that the initial tribunal had made an error, concluding that he had indeed been unfairly dismissed due to flaws in the termination process and therefore should be awarded compensation.
Furthermore, the EAT ordered the tribunal to reassess his wrongful dismissal claim.
Hewston had been employed by Ofsted as a Social Care Regulatory Inspector since 2007. The incident in question took place in October 2019 when he visited a school in the West Midlands alongside lead inspector Louise Battersby.
Following the visit, a complaint arose regarding Hewston’s interaction with a child who had entered the school premises wet from the rain. The complaint alleged that he had touched the child’s head and back, causing the school significant concerns.
The subsequent tribunal report revealed that he was observed rubbing his hand on a student’s head and shoulder after a group of drenched children had arrived. One teacher found this gesture inappropriate, and it was reported that the student felt uncomfortable and embarrassed, subsequently filling out an incident form.
Hewston was suspended, and a report was filed with the Local Authority Designated Officer. In November 2019, he faced a disciplinary hearing.
During the hearing, Hewston became visibly upset. When questioned about whether he would repeat the action, he responded, “To say I would not do it again would suggest I’m guilty of acting inappropriately. I feel that the gesture of care for a child and engagement, I still feel that it was not a crime… It does not fall within the definition of gross misconduct. Having gone through all this and the stress, I can say that I would not do it again. That is not suggesting I’m guilty. Does that make sense?”
Ofsted Regional Director, Lorna Fitzjohn, made the decision to terminate Hewston’s employment, citing concerns about his lack of understanding regarding the potential impact of his actions on the child and the breach of trust this represented.
In 2021, the initial tribunal dismissed Hewston’s claims. However, the subsequent EAT ruling concluded that there had been an error in the application of the law. Hewston was unfairly dismissed, as he had not been adequately warned that a single instance of touching could lead to dismissal, and essential documents had not been provided.
The EAT directed the wrongful dismissal claim back to another tribunal for further consideration, with compensation for unfair dismissal to be determined at a later date.