Ofsted was wrong to sack inspector over complaint

An Ofsted inspector who was sacked for brushing water off a child's head was unfairly dismissed, the Court of Appeal has confirmed.

Unison said Andrew Hewston, from Sutton Coldfield, had been through a "long ordeal" following the incident that happened during an inspection at a school in the West Midlands in October 2019.

An employment appeal had ruled in November 2023 his sacking was unfair, but Ofsted had taken legal action in an attempt to get that reversed.

Unison general secretary Christina McAnea said: "He never should have been sacked and Ofsted shouldn't have wasted public money pursuing him needlessly through the courts."

Mr Hewston had been working for Ofsted for 12 years when he was asked to carry out the three-day inspection.

He was sacked one month later on the grounds of gross misconduct after a complaint from the school.

In their written judgement, published on Friday, the appeal court judges said there was a "pre-existing poor relationship" between the school and Ofsted and a letter of complaint was "redolent with hostility".

The school described the incident as a "slimey and very precarious situation" and said the pupil had complained that his "personal space had been invaded".

But Lord Justice Warby said the child's recorded account of what happened was "a good deal less dramatic than the headteacher's version".

He also said: "What matters is the quality of the conduct, which did not merit dismissal, even if it made the child uncomfortable."

Lord Justice Warby added: "I think the root cause may be that Ofsted had not clearly identified in its own mind what was wrong about the claimant's behaviour.

"Indeed, I do not think it has ever done so. It has certainly not made it plain to me."

In a statement after the judgment, Mr Hewston said: "I've spent the past five and a half years dealing with the fallout of Ofsted's decision.

"It has been a very difficult time but I am glad my name has been cleared and my exemplary record remains intact."

The union, which supported Mr Hewston throughout the case, said it had been "a sobering reminder of how quickly someone's life can be turned on its head, and how difficult it can be for workers to seek redress when they are fired."

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