A music instructor at Wimbledon Park Primary School has successfully avoided a ban from teaching despite being found to have a strong smell of alcohol during a lesson. The case against Nicholas Smalley revolved around claims that he had consumed alcohol on school grounds, but the evidence did not substantiate this allegation.
Incident Overview
Nicholas Smalley, who served as a drum teacher at the southwest London primary school, faced a professional conduct hearing following his dismissal in December 2023. During the hearing, it was revealed that a witness observed Smalley conducting a lesson with a pupil while exhibiting a noticeable odour of alcohol. The witness reported that she immediately detected a “very strong smell of alcohol” upon entering the room.
In her account to the Teaching Regulation Agency (TRA), the witness noted that when she confronted Smalley about the smell, he appeared “shocked” and admitted to having been drinking, subsequently apologising for the situation. Despite this admission, the TRA panel ultimately determined that the allegation of him consuming alcohol on school premises was not proven.
Evidence Presented
During the proceedings, the witness described seeing a can of Red Bull and a nearly empty 500ml bottle of tonic water on the piano, which she believed contained alcohol. When questioned about the contents, Smalley asserted that the bottle held water and occasionally cordial, emphasising that if it had contained alcohol, he would not have left it openly on display.
While the panel acknowledged the witness’s assertion that Smalley appeared to be under the influence, they concluded that there was insufficient evidence to confirm he had consumed alcohol on school grounds. Notably, they found no definitive proof that he had any alcohol in his possession during the incident.
Panel’s Conclusion
The TRA panel recognised that Smalley’s actions could potentially tarnish the public’s perception of educators, particularly as he was found to be “absolutely plastered and not coherent.” However, they also considered mitigating factors, including personal pressures that may have affected his judgement at the time, such as a demanding teaching schedule and evening performances.
Smalley, who has over 27 years of teaching experience without prior incidents, described the day of the event as out of character for him. Marc Carvey, the TRA chief executive, stated, “A prohibition order is not proportionate or in the public interest,” suggesting that the findings of the case would adequately convey the expected standards of behaviour for teachers.
Professional Implications
The resolution of this case raises significant questions regarding the standards of professional conduct expected from educators. Although Smalley was not banned from teaching, his situation underscores the complexities involved in maintaining a safe and productive educational environment. The panel’s decision to not impose a prohibition order indicates a belief in the potential for rehabilitation and the importance of context in assessing professional behaviour.
Why it Matters
This case highlights the delicate balance between maintaining high standards within the educational sector and considering individual circumstances that may lead to lapses in judgement. While the protection of students and the reputation of educators are paramount, this incident serves as a reminder of the need for a nuanced approach in addressing allegations of misconduct. It demonstrates the importance of thorough investigations and fair assessments in the teaching profession, which ultimately affects the integrity of educational institutions and the trust placed in them by the community.
