Chester-le-Street deputy head who bit and hit child spared ban

A deputy headteacher who slapped, bit and scratched a pupil during an argument has been spared a ban from the profession.

Claire Herbert, who worked at Red Rose Primary School in Chester-Le-Street, County Durham, was found by regulators to be guilty of unacceptable professional conduct.

The Teaching Regulation Agency (TRA) panel was told Miss Herbert got into a fight with a child on 18 June 2022 in which she caused reddening and bruising to various parts of the pupil’s body.

Marc Cavey, TRA chief executive, said despite Miss Herbert admitting the serious misconduct, it was “out of character” and there was not enough evidence of a risk of repeat behaviour.

The TRA heard the incident happened outside of school and alcohol was involved.

One witness said she had visited the child shortly after with the youth telling them Miss Herbert caused two bite marks, one on their hand and another on their head.

The child said also said they had been slapped and scratched by “Miss Herbert’s false nails” and were “called fat” by the teacher.

The panel were shown documents detailing the child’s injuries including red marks, scratches and bruising to various parts of their body, including their face, neck, leg and hand.

Miss Herbert, who was also employed as a special educational needs coordinator and deputy safeguarding lead at the school, admitted the incident was a “blur” but accepted she had a verbal argument which she said “became physical on both sides”.

The school referred the matter to the TRA on 28 April 2023 after Miss Herbert accepted a police caution for common assault.

The TRA panel found Miss Herbert was in breach of teaching standards and her conduct “could potentially damage the public’s perception of a teacher”.

While the panel acknowledged Miss Herbert’s misconduct was serious, it noted the incident was isolated and “out of character” for the teacher who “appeared to have an unblemished record”, working successfully in senior and trusted roles.

They also said Miss Herbert had shown “genuine and significant regret and remorse”, admitting her honesty about the events and “accepting the blame as the adult in the situation”.

Mr Cavey said the risk of repetition was “very low” and prohibiting Miss Herbert from teaching for a period of at least two years would not “produce any material change or serve any useful purpose”.