A former Ofsted inspector sacked after wiping rainwater off a student’s head has won a six-year legal battle against his unfair dismissal. Andrew Hewston was fired in 2019 after a disciplinary panel ruled against him for an incident during a school inspection. The pupil had been soaked by rain, and Hewston had brushed water off the child’s forehead. However, a recent employment appeal tribunal ruled that his dismissal was unfair, a decision Ofsted tried to challenge in the Court of Appeal last year.
Ofsted argued that Hewston had crossed “professional boundaries” and failed to acknowledge his “mistake.” However, the Court of Appeal unanimously sided with Hewston, who was supported by the union Unison. The judges described the incident as a “momentary and well-meaning lapse of professional judgment” and emphasized that it was unlikely to happen again. One judge even called Ofsted’s decision to dismiss him “deeply regrettable.”
The court highlighted that Hewston was an experienced inspector with a clean record, particularly on safeguarding issues. They also noted that it wasn’t clear which rules he had actually broken. Additionally, the judges pointed out that the complaint letter from the school seemed overly hostile, suggesting a strained relationship between the school and Ofsted.
The school had described the incident as a “slimy and very precarious situation,” claiming the student felt their “personal space had been invaded.” However, Hewston maintained that his actions were innocent and well-intentioned.
Reflecting on the ordeal, Hewston said the past few years had been incredibly tough. “I’m relieved my name has been cleared and my 35-year career remains untarnished,” he said. “Without Unison’s support, I might have accepted the original verdict, and my career would have been ruined. I can’t imagine where I’d be now if that had happened.”
Unison also criticized Ofsted for using public funds to pursue the case through the courts, calling it an unnecessary waste of resources. The ruling not only clears Hewston’s name but also raises questions about how such incidents are handled in the future.