A former head of Welsh at Abertillery Learning Community has admitted exchanging "inappropriate and excessive" emails with a year 11 pupil, sometimes late at night and in the early hours, a professional standards hearing has been told.
Patrick Devine exchanged more than 1,000 emails with the pupil between May and June 2023, but denied further allegations that he encouraged the child to spend time alone in his classroom or meet her outside school, the Education Workforce Council (EWC) Wales panel heard.
He also denied allegations that he gave the girl gifts and stroked or touched her wrist at the school's year 11 prom. His response came in a last-minute written statement provided to the EWC fitness to practise committee.
Nature of the messages
Although the huge volume of emails exchanged between the teacher and his year 11 pupil were alleged to be inappropriate and included terms of endearment, nicknames and discussions about alcohol, there were no allegations before the panel that they were sexually motivated.
The panel also heard that Gwent Police, called in during the school and local education authority investigation, had concluded there was no criminal case to answer.
EWC presenting officer Luke Lambourne said the emails from Devine to a year 11 child were: "not just a case of blurring professional boundaries, but boundaries considerably waylaid."
In them Devine "encouraged over familiarity" and there were suggestions they could meet off site at a quiz and a football match. However, Mr Lambourne added there was "no suggestion of sexual purpose" in the vast volume of messages investigated.
Teacher's written statement
Devine, who qualified as a teacher in 2012, was not present and not represented at the hearing on October 12. He insisted in a written statement, submitted to the panel on the morning it opened, that the messages had no sexual motivation.
In his statement, read out at the remote hearing, Devine said: "I admit the volume of emails was excessive. I also admit some were inappropriate."
He went on: "However, I feel it is important to state there was no sexual motivation they were not intended as an attempt to groom Pupil A."
The emails were exchanged during the period the child, referred to only as Pupil A in the hearing, was on year 11 GCSE study leave and like all year 11 pupils was not permitted on the school site other than for exams.
In the messages the teacher and his pupil also discussed non-education related matters, and were disparaging about other members of staff and subjects, Mr Lambourne said.
School concerns and investigation
The emails were discovered after staff raised concerns that Devine, a teacher at the school for seven years, spent a lot of time alone with Pupil A in his classroom.
The school's former deputy headteacher and head of safeguarding Kate Olsen told the panel she warned Devine to see pupils in the library and not alone, but the behaviour continued. On one occasion she herself saw Pupil A alone with him in his classroom and "escorted" her to the library. The school takes children aged three to 16 and she had known Pupil A since she had been in the primary years.
As concerns continued, a review of Devine's school emails was carried out as well as a review of the school's CCTV footage. CCTV showed Devine meeting Pupil A in the school reception area and leaving together on July 4, 2023. This was a date after her GCSEs were finished and when she should not have been on the school site.
Ms Olsen told the hearing she told the school's reception staff not to allow Pupil A into the school after she finished her exams, but on one occasion they rang her to say Pupil A was at the school and asking to be admitted.
After Devine was suspended in July 2023, an internal investigation and an independent investigation were launched and the EWC notified. The teacher seemed "anxious" and unwilling to answer questions during the independent investigation.
Dr Philip Dixon from the Equity Foundation, who carried out the independent investigation and interviewed Devine, described how he had to review more than 1,000 emails, some in Welsh, between the pair. Asked by the committee chairman Gareth Davies how Devine had presented during the interview, in spring 2024, Dr Dixon said he had appeared hesitant and inconsistent.
"He was someone I would say was very, very anxious indeed. Everything about him spoke anxiety," said Dr Dixon.
While he did not appear in the hearing to formally enter responses to the raft of allegations, which also include unacceptable professional conduct, Devine did address and deny some in his written statement. His statement goes on to describe what he says was the worst time of his life.
In the statement he also "admits" Pupil A spent a lot of time in his classroom but denied encouraging her to do so. He said she had shown him a "corsage" on her wrist during the year 11 prom but denied touching her wrist.
He said his absence from the hearing should not be mistaken for not respecting the process. He added that he had never deliberately or unknowingly caused harm or exploitation to any learner and took his safeguarding responsibilities as a teacher seriously.
"This matter has been under investigation more than three years. Through that time I have engaged with investigations but they caused uncertainty and pressure. It has had a profound effect," the teacher added.
Ms Olsen, who left Abertillery Learning Community two years ago and now helps schools improve, told the panel she had had a good working relationship with Devine. He managed the other two members of staff in the Welsh department and was always willing to help. She said Pupil A's mother was "upset and very distressed" when told about the investigation.
The hearing continues.
