[2024] UKUT 19 (AAC)

P was “extremely upset”

P and her mother met with the head teacher at 8.45 am on 12 May 2021; the account given to the head teacher of the incident was fairly detailed

the head teacher considered P a “very honest” child

on 9.30 am that day (12 May 2021), the head teacher spoke to the children in the class; the minutes say that “other children within the class had witnessed the allegation against CW – hit [P] across the wrist with his pen, put his hand on [P’s] head and pushed down into the chair”.

The following passage from the minutes:

“[The head teacher] referred to the children that had witnessed the incident with [P] and stated that one girl said that CW ‘whacked’ her with his pen for talking and [P] started crying in the R.E lesson after lunch and [P] was moved and she and [another pupil] were told not to talk to her. The girl said that [P] continued to cry and CW bumped her as he moved her onto a chair and she said “ouch”. She stated that another child said that they thought that CW was unkind to girls, but got on with the boys. He said that he did not want to be mean to the teacher, but he felt that it was unfair on some of the girls and thought that [P] had done lots of work, but CW was horrid to her. The pupil said that CW’s tone when he spoke to [P] was really angry and then he hit her with his pen. He said that CW looked at his work and he did not want the same to happen to him that had happened to [P], e.g., being moved for pushed in the chair.

[The head teacher] said that another pupil said that CW was nice to the boys and liked acting a bit silly, but did not like the girls and he was worried too and referred to CW tapping [P] on her head. Another pupil said that CW told [P] to sit down, CW pushed her and she sat down and started crying.”