Ofsted inspector fired for brushing water from a pupil’s forehead on a rainy day is set to receive compensation after he is found to have been unfairly dismissed

• Andrew Hewston was sacked because he touched the student to rub water away
• The 56-year-old is in line to receive a payout after he successfully sued Ofstead  

An ‘exemplary’ Ofsted inspector is set to receive compensation after he was fired for brushing water off a school pupil’s forehead on a rainy day.

Andrew Hewston was hauled to a disciplinary hearing and sacked because he had touched the schoolboy to rub water off his head and shoulder.

The 56 year old, an experienced inspector who had an unblemished career, argued he was simply ‘caring’ for the young child and that a complaint had been ‘blown out of proportion’.

The incident did not give rise to a safeguarding issue, a tribunal heard.

But, Ofsted bosses condemned it as a ‘grave’ error and brought his long career as a social care inspector to a halt by firing him without notice.

Mr Hewston, from Sutton Coldfield, West Midlands, is now in line to receive a payout after he successfully sued Ofsted, which is in charge of regulating schools in England.

He initially took the regulator to an employment tribunal in Birmingham, but it ruled against him and booted out his claims of unfair dismissal and wrongful dismissal.

Andrew Hewston was hauled to a disciplinary hearing and sacked because he had touched the schoolboy to rub water off his head and shoulder.

He then took his case to the Employment Appeal Tribunal [EAT] and has now won his appeal.

The EAT found that the original tribunal made a mistake and that he was in fact unfairly dismissed due to faults in his sacking, and ruled that he should receive compensation.

The EAT also ordered the tribunal to re-determine his wrongful dismissal claim.

It was heard Mr Hewston was employed by Ofsted as a Social Care Regulatory Inspector from 2007.

In October 2019, he visited a school in the West Midlands area with lead inspector Louise Battersby.

Following the visit, Ms Battersby received a complaint that ‘when a child had come in from the wet outside Mr Hewston had rubbed the child’s head and back, and that the school had serious concerns about this touching’.

A tribunal report said he was ‘observed to rub his hand on a student’s head and shoulder’ after a group of soaking wet children came in.

The report said one teacher ‘felt it was inappropriate’ and it was heard the student looked ‘uncomfortable and embarrassed’ and later completed an incident form as it happened without permission.

He was suspended, a report was filed to the Local Authority Designated Officer, and he was taken to a disciplinary hearing in November 2019.

The report said: ‘Mr Hewston expressed the view that the complaint had been blown out of proportion and that the complaint from the school had not been shared with him.

Ofsted Regional Director, Lorna Fitzjohn, sacked Mr Hewston

‘He expressed the view that the school was looking for a reason to pick on an inspector.’

During the disciplinary hearing, he became ‘upset’. When asked if he would do it again, Mr Hewston replied: ‘To say I would not do it again would suggest I’m guilty of acting inappropriately.

‘I feel that the gesture of care for a child and engagement, I still feel that it was not a crime… It does not fall within the definition of gross misconduct.

‘Having gone through all this and the stress I can say that I would not do it again. That is not suggesting I’m guilty. Does that make sense?’

Ofsted Regional Director, Lorna Fitzjohn, sacked Mr Hewston. She said: ‘While I understand you may have been trying to convey a feeling of trust and openness, your act of touching the smallest boy in a group, without being absolutely certain that this was acceptable to them, was a grave error of judgement on your part.

‘Your response was that you felt that a student didn’t look unhappy or uncomfortable, and I am concerned by your lack of understanding of the potential impact your contact had on them.

‘The grave error of judgement you displayed in this case and the lack of contrition and unrecognition of any wrongdoing has led to me regretfully conclude that your actions and the response to the challenge have destroyed the relationship of trust and confidence I require in you to continue as a SCRI.’

The 2021 tribunal dismissed Mr Hewston’s claims, however the EAT has now found it erred in law.

It found he was unfairly dismissed as he was not forewarned that a single act of touching could result in dismissal and not given key documents.

The EAT said the tribunal’s ruling on his wrongful dismissal was not clear so it sent the claim back to another tribunal to be contested.

Compensation for unfair dismissal will be awarded at a later date.

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