Teacher restrained boy as he said 'I can't breathe'

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Bulwell AcademyImage source, Google
Image caption,

The incident happened at Nottingham's Bulwell Academy in October 2019

A former teacher found to have used excessive force when he broke up a fight between two pupils has said the incident was "effectively the end" of his career.

CCTV footage captured John Ashworth picking up one of the pupils, moving him across a corridor, then appearing to throw him against a wall.

The pupil at Bulwell Academy in Nottingham was then heard saying "I can't breathe" as he was held.

Mr Ashworth has since left the school.

However, the Teaching Regulation Agency (TRA) has said a prohibition order - which would have prevented him from teaching at other schools - would not be "proportionate or in the public interest".

A TRA panel considered his case in September, almost four years after the incident happened on 8 October 2019.

Mr Ashworth said it had put him in hospital due to a heart condition, and he had been unable to teach while he was investigated.

"It was effectively the end of my teaching career," he said.

"Even though the TRA concluded that I shouldn't be banned, no school would hire me while the investigation was ongoing.

"Do I regret stepping in to protect a child from a beating, or to protect another teacher? Not at all.

"Do I regret that it put me in hospital and destroyed my teaching career? Absolutely."

When the TRA panel considered his case, they found the following allegations proved:

  • Mr Ashworth picked up the pupil by placing one or both arms around his chest

  • He moved the pupil from one side of the corridor to the other

  • He moved the pupil with such force that he struck against a door or wall - with the panel noting that Mr Ashworth "appeared to throw Pupil A against a door" in the CCTV footage

  • Mr Ashworth held the pupil against the door or wall

  • He continued to hold the pupil against the door or wall when he said "I can't breathe" or words to that effect

The panel found the following allegation not proved:

  • Mr Ashworth moved the pupil with such force that his head hit the door or wall

His actions were found to have breached the teachers' standards, external, but the panel said there were numerous mitigating factors and "limited risk of repetition" of his behaviour.

The mitigating factors included character references from former colleagues, evidence of his "good character", and the absence of evidence that he "deliberately acted to cause any harm".

The panel also noted evidence pupils had made a "bring back Mr Ashworth" poster to campaign for him to return to the school.

Image caption,

The school said "safeguarding will always be our top priority"

Mr Ashworth did not attend the hearing himself, but he told the Local Democracy Reporting Service he had made a split-second decision to protect a colleague and a child.

"When you're ex-military, you have to make split-second decisions, but looking back I should have gone to get help instead," said Mr Ashworth, who was previously an Army Sapper.

"On this occasion, playfighting between a group of boys had got out of hand, and one child was on top of another, beating him.

"The victim had no chance of getting up.

"Another teacher had been knocked to the floor while trying to stop it.

"I wasn't supposed to get involved as I was severely disabled due to my heart condition, but I asked if she needed help and she pleaded with me to restrain the boy.

"The incident made my heart condition worse, and I was hospitalised afterwards. The stress made me even more ill."

The Bulwell Academy is part of the Creative Education Trust (CET).

A CET spokesperson said: "Bulwell Academy remains focused on supporting all students to succeed in a safe and supportive environment and safeguarding will always be our top priority."

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