Bid to ban sex case teacher fails

A teacher who was cautioned for sexual activity with a pupil has fought off a bid to ban him from the classroom.

Language teacher Kevin Philliskirk, 26, was working at Beckfoot School in Bingley, West Yorkshire, when he started meeting with a pupil in 2006.

He resigned and was banned from working with children in 2007 but the ban was overturned at a tribunal in May.

An appeal by the Schools Secretary against the tribunal decision has been rejected at the High Court.

Complaint refused

Mr Philliskirk, of Scarborough, North Yorkshire, was returning home from a school coach trip to Germany when he engaged in mutual touching with the girl sitting next to him, the court heard.

After returning home, they met twice more before agreeing that what was happening was wrong.

The court heard that Mr Philliskirk confessed to his head teacher and the police were informed but the girl refused to make a complaint.

He accepted a police caution for engaging in sexual activity with a person under 18 when in a position of trust and resigned from his job.

In June 2007, the then Education Secretary Alan Johnson banned the teacher from working with children because of his misconduct.

But in May, a Care Standards Tribunal allowed an appeal by Mr Philliskirk, saying it was not satisfied the restriction was appropriate or proportionate.

'Not a danger'

The Secretary for Schools, Ed Balls, appealed to the High Court, complaining that the tribunal had broken procedural rules by taking into account additional information that had not been available to his predecessor.

But Mr Justice Collins rejected the argument.

The judge said the appeal was no more than an attempt to overturn a decision the Secretary of State felt was inappropriate because it did not accord with his own opinion.

He said the tribunal had not taken account of fresh material and was entitled to form its own view.

Mr Philliskirk had told the tribunal he was completing a course in translation and did not intend to return to teaching, but was concerned that he might be asked to go to schools in the future, for example to promote language learning.

He said: "I don't deny what I did was wrong, terrible and I wouldn't do it again. I am not a danger to children."