July 2nd 2024.
Shelly-Ann Malabver-Goulbourne was a well-respected head teacher at Northwold Primary School in Hackney, which is part of the Arbor Academy Trust. She had been dedicated to her role for many years, joining the trust in 2005 and becoming head in 2017. However, her career was abruptly cut short when she was sacked for "assaulting" her own child.
The incident in question occurred on January 17, 2022, while Ms. Malabver-Goulbourne was working late in her office. Her 11-year-old daughter informed her that her three-year-old son had been playing with a bottle of hand sanitiser and had spilled it on the floor. Concerned for her son's safety, the head teacher decided to have a talk with him about the dangers of playing with hand sanitiser.
Unfortunately, just two weeks prior, her son had accidentally gotten some hand sanitiser in his eye. This experience only heightened Ms. Malabver-Goulbourne's concern for her son's well-being. So when she bent down to his level to speak to him about the issue, she tapped his hand with two fingers to get his attention. She later explained that this was a way to say "look at me when I'm talking to you" and not a form of punishment or physical harm.
However, this interaction was witnessed by the school's safeguarding lead who filed an official complaint, leading to Ms. Malabver-Goulbourne's suspension and the involvement of the police. Despite the police ruling it as "reasonable chastisement" by a parent, the head teacher was still found guilty of gross misconduct and lost her job. She was devastated and felt that her actions had been misunderstood.
In May 2022, an employment judge ruled in Ms. Malabver-Goulbourne's favor, stating that the trust had not provided enough evidence to support their decision to sack her. It was also noted that the school's code of conduct does not prohibit all physical contact between pupils and teachers and that as a parent herself, it would be difficult for the head teacher to never have any physical contact with her own children.
The judge awarded Ms. Malabver-Goulbourne over £100,000 in compensation for her unfair dismissal. She was relieved to have her name cleared and her integrity restored. She had never intended to harm her child and was simply trying to keep him safe. The trust's strict policy against physical contact had been misapplied in this case, and Ms. Malabver-Goulbourne's actions were found to be justified and not a form of assault. She hoped that this experience would lead to a better understanding and interpretation of the policies in the future.
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