Mrs Cheryl Smith

Introduction

Mrs Cheryl Smith is a former English tutor at Denby Grange School in Wakefield, a school for pupils with special educational needs, who is now prohibited from teaching. Deployed to the school through the staffing agency True Staffing Solutions Ltd from 25 February 2019, she planned, taught and assessed English at Key Stage 4. A Teaching Regulation Agency professional conduct panel found in March 2024 that she had taken three pupils on an unauthorised trip in a high-performance car and driven at around 100mph, amounting to unacceptable professional conduct and conduct that may bring the profession into disrepute. On 12 March 2024 Sarah Buxcey, deciding on behalf of the Secretary of State for Education, prohibited her from teaching, with a three-year review period.

Background Information

Smith was deployed to Denby Grange School by True Staffing Solutions Ltd on 25 February 2019. On 25 June 2019 she took Pupil A, Pupil B and Pupil C on a trip with the assistance of Individual B, a member of staff at the school, and allegedly drove the three pupils and the staff member in a high-performance car at over 100mph. Individual B reported her concerns to the school the same day, a referral was made to the LADO, and the agency was notified.

During a lesson in July 2019, Pupil B showed a second member of staff, Witness A, a video of the inside of a car which appeared to be moving extremely fast, claiming he had taken it when he was out with Smith. At a meeting with the agency on 1 August 2019, Smith claimed that she had driven safely and to the speed limits. A management investigation followed, her engagement with the agency was terminated, and a TRA referral form dated 26 September 2019 recorded the school’s account of her conduct. The case was listed for a substantive hearing four times from October 2021 before the panel finally sat in February 2024.

The Controversy or Incident That Led to Their Cancellation

Allegations and findings. The findings in this section are those of a Teaching Regulation Agency professional conduct panel, which reported proving them on the balance of probabilities. Mrs Smith denied the facts of all three allegations in a statement to the TRA dated 15 April 2021; she was neither present nor represented at the virtual hearing, and the panel refused her application to postpone it.

On allegation 1, taking one or more pupils in a high-performance car and reckless driving at around 100mph, the panel accepted the evidence of Individual B, who said Smith drove down long winding country roads, sped considerably, and travelled above 100mph; Individual B told her to slow down because it was not safe, and Smith laughed. Pupil B’s mobile phone video showed the speedometer at 102mph, and Witness A identified the driver by the distinctive rings and nail varnish Smith normally wore. Smith admitted taking Pupils A, B and C in the car, an Audi RS3, on 25 June 2019 but denied speeding, saying she never went over 70mph and that a car capable of 0 to 60mph in 4.2 seconds would feel faster than an average car. Pupil C told interviewers: “I don’t know. She was going too fast and [Individual B] asked her to slow down”. The panel found the allegation proved.

On allegation 2, the panel found she failed to obtain appropriate permission for the field trip. She said Witness D had granted verbal permission, but Witness C told the panel that under no circumstances would the school arrange for pupils to take part in a test drive in a high-performance car, and no written risk assessment existed for such a trip. The panel accepted Smith was not responsible for completing the risk assessment itself, but found she failed to contribute full and accurate information by not telling the school the trip involved a test drive, so the school could not assess the risk.

On allegation 3, the panel found her actions amounted to failing to safeguard pupils and exposing them to the risk of harm: she failed to obtain permission for the trip and failed to safeguard the pupils once in the car by significantly exceeding speed limits in poor weather conditions. All three allegations were found proved and held to amount to unacceptable professional conduct and conduct that may bring the profession into disrepute.

Public Reaction and Consequences

The panel considered that Smith’s conduct on the field trip, while acting in loco parentis, risked setting unacceptable standards for children and that the public would be shocked by a teacher driving at excessive speeds with pupils in a car. In mitigation, the school’s referral confirmed she had “fantastic references” and that Denby Grange had “always spoken very highly about her ability and professionalism”, and Witness E described a really good conduct record and reputation as a teacher. Weighed against this, the panel found a lack of insight and remorse, with no evidence she understood the severity of driving at around 100mph with pupils in the car without the school’s or the parents’ knowledge, and no evidence of exceptionally high standards of personal and professional conduct. It recommended a prohibition order with immediate effect and a three-year review period, to give her the opportunity to reflect on her conduct and develop the necessary insight and remorse.

Current Status

The panel announced its determination on 5 March 2024, having sat virtually from 19 to 22 February and on 5 March 2024. On 12 March 2024 Sarah Buxcey, deciding on behalf of the Secretary of State for Education, imposed a prohibition order taking effect from the date it was served. Smith is prohibited from teaching indefinitely and cannot teach in any school, sixth form college, relevant youth accommodation or children’s home in England. She may apply for the order to be set aside, but not until 11 March 2027 at the earliest, and this is not an automatic right; without a successful application she remains prohibited indefinitely. She had a right of appeal to the King’s Bench Division of the High Court within 28 days of notice of the order.

Impact on Their Career/Life

Smith’s teaching career in England ended with her agency engagement, terminated after the June 2019 trip, and the prohibition order now bars any return for at least the three-year review period. The decision records that she had previously been a well-regarded teacher with no prior misconduct, and that no evidence of exceptional contribution to the education sector was put before the panel. The ban’s durability reflects the finding that she showed no insight or remorse; unless a future review panel is persuaded otherwise, she remains prohibited from teaching.

Sources

• Teaching Regulation Agency, “Teacher misconduct panel outcome: Mrs Cheryl Smith” — source