Arfan Munir Rai v Secretary of State for Education

Facts

The appellant, Mr Arfan Munir Rai, a 48 year old qualified teacher, was employed from February 2023 at Kensington Park School in London teaching philosophy and sociology. Relations with the School were difficult from the outset: an external investigator examined safeguarding concerns arising from his email communications with students in May and June 2023, and although he obtained an apology from the School's advisory board for errors in that investigation, a disciplinary hearing on 7 November 2023 found three of eleven allegations substantiated and he received a formal written warning instructing him to act transparently, particularly when working one to one with students. During the currency of that warning he was suspended on 7 March 2024 over allegations that he had offered private tuition to pupils away from the School's premises, without the School's knowledge and, on occasion, without parental consent, and had asked pupils not to tell anyone. Following an investigation by Ms Bunger, he was summarily dismissed after a hearing on 6 June 2024, and his internal appeal was dismissed. The Teaching Regulation Agency referred the case to a professional conduct panel, which found unacceptable professional conduct and conduct likely to bring the profession into disrepute and recommended a prohibition order with a two year review period; the Secretary of State's representative accepted that recommendation. The teacher appealed to the High Court.