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Successful challenge to NCTL over jurisdiction for private tutor

Krystal Whyment has been successful in her challenge that the National College of Teaching and Leadership (NCTL) had no jurisdiction to investigate a male private tutor who was allegedly having a sexual relationship with a female pupil. The case was complicated by the fact that the girl was a pupil at the tutor’s previous school. The NCTL, having received a referral from the school, began an investigation into the matter on the basis that the tutor/pupil relationship fell under paragraphs (2) and (3) of the Teachers’ Disciplinary (England) Regulations 2012. The issue was about whether the tutor was carrying out “teaching work”. Krystal persuaded the NCTL that, despite falling within the definition of a teacher when employed by the school, his decision to enter into private tuition meant that he no longer came within the Regulations. As such, the NCTL had no power to pursue an investigation that he was allegedly having a sexual relationship with a pupil and the case was closed. This is an interesting case as it highlights the NCTL’s inability to pursue a referral regarding private tutors.

BACP lifting of Sanction

John Williams and Krystal Whyment represented a Counsellor at a hearing before the British Association of Counsellors and Psychotherapists (BACP). The Counsellor was referred to the BACP by one of her supervisee’s following the failure to conduct an ending-session due to illness. The panel accepted that the Counsellor had fallen ill around Christmas 2015 which resulted in an ending-session not being possible, however, they criticised the Counsellor for not having a Supervisor Contract in place which included what was expected of both sides should illness occur. The panel imposed a sanction that the Counsellor formulate a contract which specifically set out what ought to happen in the event she be taken ill again. The formulated contract was accepted by the BACP and the sanction was lifted.  The client has said “John and Krystal at Bankside Law supported me through a very long, drawn out and stressful process. They were consistently available to provided sound advice. Having Krystal present at the hearing panel was invaluable eventually leading to a satisfactory outcome.”

Dishonesty allegations dismissed by the Professional Conduct Committee of the NCTL

Krystal Whyment has been successful in representing a teacher accused of dishonestly allowing three pupils to re-write exam papers during private after-school sessions. The teacher faced a public hearing at the PCC of the National College of Teaching and Leadership where he was accused of holding a private after-school session for three struggling pupils and allowing them to re-write their papers which included directing them to copy from one another. The panel, in handing down its decision, found that the teacher had been consistent throughout and was considered to be an honest and reliable man. The teacher accepted that the after-school session had taken place but it was designed to mirror a revision session and, due to an inadvertent error, those papers were submitted to the examiners. The client has said of Krystal “I am really so grateful to have had your support and to know that you actually believe what I have been saying.”

Maternity Cover Solicitor/Senior Paralegal required to start October/November 2017 for 1 year

Defence disciplinary Solicitor/senior paralegal Maternity Cover Required

Bankside Law are looking for an experienced solicitor or senior paralegal in the disciplinary defence field. Self-employed or one year fixed term contract considered with flexible part time arrangments if required and attractive salary. To start end of October or beginning of November 21017. Email This email address is being protected from spambots. You need JavaScript enabled to view it..

NO RECRUTIMENT AGENCIES PLEASE.

Admonishment at General Chiropractic Council

Krystal Whyment secures an admonishment for a Chiropractor before the General Chiropractic Council (GCC) following a sexual relationship with an ex-patient. The Chiropractor made full admissions to the allegations and accepted that her conduct amounted to Unacceptable Professional Conduct. Some of the allegations related to a non-sexual inappropriate relationship when the individual was still a patient. Having attended a professional boundaries course and demonstrated a great deal of insight into her actions, the Professional Conduct Committee was satisfied that the most appropriate sanction in all of the circumstances was an admonishment. The couple remain in a relationship. The client has said of Krystal “Thanks so much for everything. I couldn’t have asked for anyone better to represent me.”