A British school inspector has won his unfair dismissal case after a five-year legal battle, which followed his sacking for brushing rainwater off a child’s head during a school visit.
Andrew Hewston, who had worked for Ofsted for over 20 years and had an unblemished safeguarding record, was dismissed for gross misconduct after the October 2019 incident.
During a visit to a school, Hewston and a colleague encountered a group of children who were soaked from the rain. In what he described as a caring gesture, Hewston wiped water from a boy’s head and placed his hand on the child’s shoulder.
The school reported the incident, claiming he had failed to “maintain professional boundaries.”
Hewston defended himself, insisting his actions were not inappropriate. “I feel that the gesture of care for a child and engagement… was not a crime,” he said. “It does not fall within the definition of gross misconduct.”
Despite his defense, Ofsted dismissed him, marking the end of his long-standing career. Hewston spent over five years fighting to clear his name.
His initial claim for unfair dismissal was rejected at an employment tribunal in November 2021. However, two years later, an appeal tribunal ruled in his favor, declaring him unfairly dismissed.
Ofsted attempted to overturn this decision at the Court of Appeal, but the court rejected their appeal in October 2023, ruling unanimously in Hewston’s favor.
A judge criticized Ofsted’s actions, stating: “It seems to me deeply regrettable that [Mr Hewston], who was an experienced inspector with an unblemished disciplinary record on safeguarding issues, should have been summarily dismissed for conduct which, on any reasonable appraisal, amounted to no more than a momentary and well-meaning lapse of professional judgment of a kind which he was most unlikely ever to repeat.”
In a separate matter, Hewston faced legal issues related to motoring offences. He was sentenced to four months in jail and banned from driving for six years after being caught driving without insurance twice in 2023. He had also refused to provide a sample to gardaí during one of the incidents.
Hewston, originally from Latvia, had lived in Ireland for a decade. The court heard he had developed a heroin addiction and was unemployed at the time.
After the ruling, Hewston said: “At last I feel my ordeal is ending. I’ve spent the past five and a half years dealing with the fallout of Ofsted’s decision. It has been challenging, but I am glad my name has been cleared and my exemplary record remains intact.”
Unison general secretary Christina McAnea condemned Ofsted’s actions, calling the ordeal “cruel and unnecessary.” She criticized the organization for wasting public funds on prolonged legal battles.
“Hopefully, Andrew’s long ordeal is finally drawing to a close,” she said. “This case is a sobering reminder of how important it is for all employees to belong to a union. No one knows when something might go wrong at work, and lives can so easily be turned upside down by groundless accusations like those made by Ofsted against Andrew.”
A decision on compensation owed to Mr Hewston is expected by autumn.
