Teacher banned over groping claims

In 2014 Joseph O'Malley, 30, was cleared by a juries at two trials at Birmingam Crown Court of 12 charges of sexual assault following complaints by two of the boys whose allegations were at the centre of the disciplinary hearing.

However, although he had been cleared Mr O'Malley, who had taught at Lourdes Catholic Primary School in Yardley Wood, between September 2009 and February 2013 was nevertheless made the subject of an interim teaching ban by the National College of Teaching and Leadership (NCTL) pending a disciplinary hearing.

And now, after a hearing in Coventry an NCTL panel has found that it was 'more than likely' he groped three out of five boys whose complaints were the subject of the disciplinary proceedings and that it was 'more likely than not' that he did what he did 'seeking to achieve some form of sexual gratification'.

As a result Mr O'Malley, has now been banned from the country's classrooms for life. The ban following the recommendations of the NCTL panel was made on behalf of Education Secretary, Nicky Morgan.

Mr O'Malley, who did not attend the Coventry hearing and was not represented, was cleared of allegations of groping two boys.

But the panel upheld complaints by three others that he had touched their bottoms or backs inappropriately. He was also found to have touched the top of one boy's leg while they were alone in the school toilets.

The panel ruled that his conduct has been sexually motivated, an abuse of his position of trust as a teacher and amounted to unacceptable professional conduct that could bring the teaching profession into disrepute, and that he had shown no remorse for his actions.

In recommending that he should be banned for life without any opportunity to seek to have the ban lifted in the future the panel said : "Mr O'Malley did not attend the hearing or offer any evidence or representations in relation to the allegations or any mitigating factors. Accordingly, there is no evidence of insight or expressions of remorse."

Imposing the ban on behalf of the Education secretary NCTL deputy director, Alan Meyrick said : "This case was a serious one and involved actions that were for the purpose of Mr O'Malley achieving or seeking to achieve some form of sexual gratification. The panel has also found that Mr O'Malley's actions were an abuse of his professional position."

He said the panel had found that Mr O'Malley's actions were 'deliberate' and that they were an abuse of trust or a violation of pupil's rights.

He said that in the circumstances he took the view that the teaching ban should be for life.

It is open to Mr O'Malley to appeal to the High Court against the decision.