Ofsted was wrong to sack inspector who brushed rainwater off pupil, judge says

By Danny Halpin, Reporter14th March 2025News EnglandChildrens Services, Conduct, Inspection, News England, Registration / Regulation

Ofsted was wrong to sack an inspector who brushed rainwater off a pupil, because it “did not merit dismissal”, a Court of Appeal judge has said.

Andrew Hewston was dismissed for gross misconduct after a school complained that he had rubbed his hand on the head and back of a pupil during a three-day inspection in October 2019.

He went to an employment tribunal, which agreed with Ofsted’s decision, but an appeals tribunal later found his dismissal to be unfair.

Ofsted sought to challenge this decision at the Court of Appeal but was unsuccessful.

In a judgment on Friday, Lord Justice Underhill, sitting with Lord Justice Warby and Sir Launcelot Henderson, found the appeal tribunal’s decision to be correct.

Lord Justice Warby said: “What matters is the quality of the conduct, which did not merit dismissal even if it made the child uncomfortable.”

The judges said there was a “pre-existing poor relationship” between the school and Ofsted and a letter of complaint was “redolent with hostility”.

In the letter, the school described the incident as a “slimey and very precarious situation” and that the pupil had complained that his “personal space had been invaded”.

Lord Justice Warby said Ofsted did not at any point disclose the child’s recorded account of what happened to Mr Hewston, which was “a good deal less dramatic than the headteacher’s version”.

He said: “The claimant’s dismissal was substantively unfair because Ofsted had failed to make it clear to him in advance that he would or might be dismissed for behaving in the way that he did.

“I think the root cause may be that Ofsted had not clearly identified in its own mind what was wrong about the claimant’s behaviour.

“Indeed, I do not think it has ever done so. It has certainly not made it plain to me.”

In a statement after the judgment, Mr Hewston said: “At last I feel my ordeal is coming to an end.

“I’ve spent the past five and a half years dealing with the fallout of Ofsted’s decision.

“It has been a very difficult time, but I am glad my name has been cleared and my exemplary record remains intact.”

Unison general secretary Christina McAnea (pictured) said: “Andrew Hewston’s career was cruelly and unnecessarily cut short by Ofsted.

“He never should have been sacked and Ofsted shouldn’t have wasted public money pursuing him needlessly through the courts.

“Hopefully Andrew’s long ordeal is now finally drawing to a close. This case is a sobering reminder of how important it is for all employees to belong to a union.”