Mr Michael Downes

Introduction

Mr Michael Downes is a former teacher at The Emmbrook School in Berkshire whose career ended with an indefinite teaching ban in March 2024. A professional conduct panel of the Teaching Regulation Agency (TRA) found that in or around December 2021 he brought alcohol onto the school’s premises, consumed it there and/or during school hours, and stored prescribed medication in an unlocked drawer. The conduct amounted to unacceptable professional conduct and conduct that may bring the profession into disrepute. On 7 March 2024, on behalf of the Secretary of State for Education, Sarah Buxcey prohibited him from teaching indefinitely.

Background Information

Downes taught at The Emmbrook School from 12 September 2018 until February 2022. On 16 December 2021 staff and pupils raised concerns that he had been acting unusually and might have been under the influence of alcohol; a test on a cup found in his classroom confirmed alcohol was present. He was suspended on 17 December 2021.

He was dismissed by letter dated 27 February 2022 after a stage 2 disciplinary hearing on 15 February 2022; his appeal, heard on 7 April 2022, was not upheld. Before the TRA panel he asserted the school’s investigation had been biased and unfairly subjective, but the panel placed no weight on the disciplinary panel’s findings.

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. Downes made no admission of fact regarding the allegations and contested them at a multi-day virtual hearing. All three particulars were found proved.

The TRA’s notice of proceedings, dated 1 November 2023, alleged that Downes, whilst employed at the school between September 2018 and February 2022, engaged in inappropriate behaviour and/or placed pupils at risk in or around December 2021: bringing alcohol onto the premises, consuming it whilst on the premises and/or during school hours, and storing prescribed medication in an unlocked drawer — conduct alleged to amount to unacceptable professional conduct and/or conduct that may bring the profession into disrepute.

The panel convened on 15 January 2024 and again from 27 February to 4 March 2024 by way of a virtual hearing. On 15 January, Downes was absent but represented by Ms Lizzy Bowman of the NASUWT, the Teachers’ Union, and the panel adjourned the hearing for at least four weeks. When it resumed he was present, represented by Mr Mark Rose of the NASUWT, and gave evidence in his defence.

On the first particular, his representative’s opening statement confirmed it was not denied that alcohol was present in one cup found in his classroom, the explanation offered being that its presence was inadvertent or in the form of mouthwash. The science teacher who tested liquid from a reusable coffee cup described a colour change indicating alcohol and said she ‘couldn’t smell or see mouthwash’ when she handled the cup. Downes accepted the two cups on his desk were his and conceded there ‘could have been a bit of alcohol in them’. The panel found allegation 1(a) proven.

On the second particular, a pupil in his maths lesson described him as ‘acting strangely’, ‘slurring and mumbling’ and ‘swaying from side to side’; a Reflection Form completed that day stated, ‘Everyone in the lesson was saying sir is on something and he looks like it’. Colleagues described him playing the guitar and singing loudly with the blinds down, lights off and pupils on tables; one smelled alcohol on him. No witness saw him drink that day, but two who saw him at a pub afterwards found him already very intoxicated; the panel concluded it was not plausible he had reached that level unless he had been drinking on the school’s premises beforehand. The panel found allegation 1(b) proven.

On the third particular, Downes confirmed he brought prescribed medication into school daily in a shaving gear box kept in a classroom drawer, accepting there was ’no way of locking it’. He denied leaving it unattended, but the panel did not accept this: he had left his classroom during period 3 on 16 December 2021, and on previous days pupils could potentially have accessed the drawer. It determined that even if Downes had requested a locked cupboard, as he suggested, maintaining the medication’s security remained his responsibility. The panel found allegation 1(c) proven.

Having found all three particulars proved, the panel was satisfied the conduct breached the Teachers’ Standards, including safeguarding pupils’ well-being, fell significantly short of expected standards, and amounted to both unacceptable professional conduct and conduct that may bring the profession into disrepute.

Public Reaction and Consequences

At the hearing the panel allowed a pupil to be accompanied by a witness supporter and admitted — over the presenting officer’s objection — the dismissal letter, which Downes’ representative called key to his defence. The panel then found a strong public interest in upholding proper standards of conduct, warning that public confidence in the profession could be seriously weakened if such conduct was not treated with the utmost seriousness. Although the behaviour had all occurred on one day, it posed a serious risk to the safeguarding and wellbeing of pupils. Noting limited insight and remorse and insufficient acknowledgment of responsibility, especially on keeping children safe, it recommended a prohibition order with immediate effect and a two-year review period.

Current Status

On 7 March 2024, Sarah Buxcey, acting on behalf of the Secretary of State for Education, imposed the prohibition order: Downes is prohibited from teaching indefinitely and cannot teach in any school, sixth form college, relevant youth accommodation or children’s home in England. He may apply for the order to be set aside, but not until 7 March 2026 at the earliest, and this is not an automatic right. The order takes effect when served, with a right of appeal to the King’s Bench Division of the High Court within 28 days of notice.

Impact on Their Career/Life

The ban ended his teaching career in England. In mitigation, his representative submitted that he teaches across several underrepresented subjects, with no prior history of disciplinary concern; Downes himself said he had never had a complaint against him in any school where he had worked in 28 years. The panel noted a substantial period of his career had been overseas, but no evidence attested to his ability as a teacher. It noted the incidents came during the Covid-19 pandemic and that he had not slept well the night before, yet concluded the public interest outweighed his interests, and the decision maker gave less weight to his contribution to the profession.

Sources

• Teaching Regulation Agency, “Teacher misconduct panel outcome: Mr Michael Downes” — source