In a notable legal development, former Ofsted inspector Andrew Hewston has been vindicated after a six-year legal battle over his dismissal. The Court of Appeal ruled that his 2019 sacking for brushing water off a student’s head during an inspection was unjustified.
Incident Leading to Dismissal
In October 2019, during a routine school inspection, Mr. Hewston noticed a student drenched from the rain. In a gesture of empathy, he wiped water off the child’s forehead. This act, intended as a simple kindness, was perceived differently by the school, leading to a complaint. Subsequently, Ofsted initiated disciplinary proceedings, culminating in Mr. Hewston’s dismissal for gross misconduct.
Legal Proceedings and Appeals
Following his dismissal, Mr. Hewston challenged the decision. An employment tribunal initially upheld Ofsted’s action. However, in 2023, an employment appeal tribunal overturned this verdict, deeming the dismissal unfair. Ofsted contested this ruling, escalating the matter to the Court of Appeal.
Court of Appeal’s Judgment
In March 2025, the Court of Appeal delivered a unanimous judgment in Mr. Hewston’s favour. The judges described Ofsted’s decision as “deeply regrettable,” highlighting Mr. Hewston’s “unblemished disciplinary record on safeguarding issues.” They characterised the incident as a “momentary and well-meaning lapse of professional judgment” unlikely to be repeated. The court also noted ambiguity regarding which specific rules Mr. Hewston had violated.
Reactions and Implications
Mr. Hewston expressed relief at the judgment, reflecting on the challenging years following his dismissal. He credited UNISON’s support in overturning the original verdict, emphasising that without their assistance, his 35-year career might have been irreparably damaged.
UNISON’s general secretary, Christina McAnea, criticised Ofsted’s actions, stating that Mr. Hewston’s career was “unnecessarily cut short.” She condemned the expenditure of public funds in pursuing the case through multiple courts, asserting that the swift dismissal of Ofsted’s appeal underscored the weakness of their position.
Broader Context and Reflections
This case underscores the complexities surrounding professional boundaries and safeguarding in educational settings. While maintaining strict protocols is essential, the court’s decision suggests that context and intent should be considered when evaluating actions. The ruling also highlights the importance of fair disciplinary processes and the role of unions in protecting employees’ rights.
Furthermore, the case raises questions about resource allocation within public bodies. The criticism of Ofsted’s use of public funds for prolonged legal battles may prompt reevaluating how such matters are handled.
Final Thoughts
The Court of Appeal’s decision favouring Mr. Hewston brings closure to a protracted dispute, reaffirming the need for balanced judgment in employment matters. It serves as a reminder of the significance of context in assessing professional conduct and the vital role of support systems like unions in safeguarding workers’ rights.
