Headteacher Sacked for Admonishing Own Child Wins Unfair Dismissal

A former headteacher of Northwold Primary School (London E5) sacked for admonishing her own child for trying to grab hand sanitiser (having previously managed to get it in his eye) has just won an unfair dismissal case.

The Mail has the story:

Shelly-Ann Malabver-Goulbourne was trying to get her three-year-old to stop playing with a hand sanitiser in her office when she used two fingers to attract his attention, an employment tribunal heard.

The incident was witnessed by the teacher in charge of child safety, who accused her of hurting her son and completed a “cause for concern” form to report a “safeguarding incident”.

Ms. Bhagwandas reported witnessing the Head smack her son on the hand, that the child had been crying and that she had “pacified” him. Ms. Malabver-Goulbourne was suspended and a disciplinary investigation launched.

It led to the Head being suspended and the police called.

Even the police, normally so keen to throw unlimited resources at supporting anyone who makes an accusation, however unfounded or mischievous, deemed this to require no further action.

Although officers ruled that her actions were “reasonable chastisement” by a parent, Ms. Malabver-Goulbourne was found guilty of gross misconduct [by the Trust] and sacked.

The Trust told her that “whether a tap or otherwise, this was unnecessary physical contact with a pupil, which constitutes an assault” and a breach of policies and statutory guidance.

She is in line for compensation after an employment judge concluded there was no evidence that she had committed “physical chastisement or an assault” and ruled her dismissal unfair.

Employment Judge Julia Jones said the school’s code of conduct does not prohibit all physical contact between pupils and teachers and pointed out that as a parent of pupils that would be a difficult rule for the Head to abide by.

Upholding her claim for unfair dismissal, the judge said the [Arbor Academy] Trust “had sufficient evidence… that she was trying to prevent injury to her child and addressing his behaviour”.

Small consolation to the Headteacher concerned, having discovered that a single member of staff’s complaint, however trivial or misguided, could lead to the destruction of her career.

One wonders what the subtext was here – a personal vendetta perhaps, or maybe there’s a whole backdrop to this story that hasn’t been revealed. Or even, perhaps it was a procedure that ran away with itself and to save face it was pursued to the brutal end.

Interesting though to note that Ms. Bhagwandas appears as Deputy Head in a school newsletter dated January 10th 2022. According to the Telegraph the incident took place exactly one week later on January 17th 2022. Ms. Bhagwandas was subsequently listed on the school website on an undated page as “Acting Head of School”, and is named in that capacity on the Arbor Academy Trust’s Leadership page. She does not appear on the current school staff list (which doesn’t list a Deputy Head) but according to her LinkedIn page she is still Deputy Head at Northwold where she has worked since 2010.

The sacked headteacher was appointed in 2017.

Just as a general observation, denunciations for moral or religious misdemeanours and disloyalty or treachery have always been the tool of choice for individuals, organisations or governments to pursue feuds or get rid of inconvenient people, or just to feel the warm glow of righteousness that comes with condemning someone else.

What this sorry saga mostly tells you though is that, just as during Covid, never before in our so-called liberal democratic state supposedly built around individual freedoms has so much machinery been put in place to facilitate this sort of carry-on. One also wonders how much this incident cost. Hopefully, however, the Headteacher concerned will now be amply compensated.

No wonder there’s a shortage of heads.

Worth reading in full, or if you want the longer version try the Telegraph‘s coverage.

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AethelredTheReadier
AethelredTheReadier
2 years ago

What sort of people are these? Something – that could have been sorted through a normal dialogue – leading to a suspension, unfair dismissal and a possibly ruined career. If anyone should have been suspended and sacked it is this little busybody Bhagwandas. I would also add members of the school trust who seemingly can discern between a parent schooling their child and a real case of abuse.

No-one important
2 years ago

Ms Bhagwandas needs putting over someone’s knee and a little sense knocked in – before she brings too much nonsense into the world from her rarefied atmosphere.

For a fist full of roubles

I was once a governor of my local primary attended by my kids. The headmistress was an efficient manager (she subcontracted to local independent suppliers rather than use the expensive local authority “professionals” and made substantial savings).
Her management style upset the staff and earned the animosity of the local authority. The governors split over support for the head.
The teaching staff, co-ordinated by the deputy head and in league with union and LA representatives orchestrated a campaign against the head which culminated in her dismissal.
Within weeks the deputy head was promoted and continued running the school until her retirement.
The former head ended up in the Middle East, where her management style was appreciated.

GroundhogDayAgain
2 years ago

Kids really do need boundaries. The entitled tw#ts entering adulthood right now are proof of that. They believe tantrums get results and there’s nothing I’d like more than to administer a slap, because talking clearly doesn’t work and adults should know better. I was physically punished by teachers as a child (70’s & 80’s) and it wasn’t pleasant, so I agree hitting a child is not necessary. I’ve heard kids at school now know they’re ‘protected’ and try to antagonize teachers to a reaction, so perhaps it’s swung too far the other way. My sister’s a great mum and talks to her kids respectfully to build emotional resilience while reflecting on their unacceptable behaviour. I think some parents lack the skills to admonish their children lovingly and either ignore all bad behaviour or overreact and administer a spanking. But there’s a massive difference between corporal punishment/spanking and a mother’s gentle slap on the back of the hand or on the backside when said child repeatedly pushes against clearly articulated boundaries. Don’t play with the (hand sanitizer / power tools / matches / bleach / traffic) is pretty clear, so the child repeating the behaviour does deserve a little jolt from… Read more »

Roy Everett
2 years ago

In my limited experience of training as a schoolteacher I noticed two variants of confected allegations. In the first an ambitious teacher would seek an advantage over a competitor by throwing caltrops around to trip up the opposition. This might range from mere gossip as part of a smear campaign through to formal complaints. The second, more sinister IMHI, was a similar smear campaign but organised by somebody in authority in order to exclude teachers who dissented from the Party Line on Climate, Racism and any other number of Necessary Beliefs To Retain One’s Job.

RW
RW
2 years ago

But letting a child play with a bottle containing a dangerous liquid which could at least cause serious pain¹ to it is no safeguarding incident? How so?

¹ There are people who are already terminally afraid of the horrible pain caused by using run-of-the-mill aftershave after a wet shave. Gettings it into one’s eyes instead is much more painful. And the alcohol concentration in hand sanitizer is probably higher.

Jabby Mcstiff
Jabby Mcstiff
2 years ago

It has certainly changed a lot. I remember a teacher at school forcing my head back onto the porcelain of a sink and shoving a bar of carbolic soap through my teeth and I deserved it. A smack on the hand I mean I am not even that old but you were lucky if you didn’t get the crap kicked out of you for transgression in my day. I have no idea if gentleness with children is an improvement or not but it is striking how quickly things have changed,