A BARROW head teacher who accumulated his fourth speeding offence in less than three years has been spared a ban.
Despite having 12-points on his licence following his latest offence, committed as he drove his BMW in Abbey Road, Barrow, on September 3 last year, magistrates avoided banning Simon Laheney after accepting his driving enabled his "pivotal” professional role.
The 48-year-old defendant was also relied on to provide regular care and support for his elderly father during cancer treatment, the court heard.
At Carlisle’s Rickergate Magistrates’ Court, barrister Nigel Beeson outlined why the defendant's job, managing four Barrow area schools, amounted to a “special reason” for not banning him.
The barrister told magistrates: “I am not here to condone speeding or say anything about that. It is what it is. I am here to make an exceptional hardship argument.”
Mr Beeson said the defendant, who was seen doing 35mph in an area with a 30mph area, is currently head teacher and chief executive of the Furness Education Trust.
As such, he was responsible for managing four schools: Furness Academy, a secondary school, as well as three primaries – Parkside Academy, Victoria Academy and Yarlside Academy.
The job involved regular travel between the four schools, said Mr Beesley.
The barrister referred to the pressures faced by the country’s education system in recent years, with children from deprived areas suffering more than those in more affluent areas.
Laheney was responsible around 2,000 students and 387 staff.
“He is not a person who can easily be replaced,” said Mr Beeson. “This is not a nine-to-five job. Mr Laheney’s typical working day starts at 7.30am and goes on until that time in the evening.
“There is no set pattern. There are all sorts of peripheral things which head teachers and chief executives have to do.”
Mr Beeson described also how Laheney supports his elderly parents in Bristol.
“They are a significant age and in extremely poor health,” said Mr Beeson. Laheney’s father was undergoing cancer treatment which involved trips to hospital and scans.
The defendant was the only one among four brothers able to take his father to those appointments, with two of his siblings living abroad and the third not being able to drive.
Referring to the defendant’s financial situation, Mr Beeson said if the defendant could not do his job, he may end up 'surplus to requirements.'
Under questioning from prosecutor Wayne Dove, the defendant said he generally visited his father in Bristol once per month. His brother who lives in York did not drive, he said.
Asked who made decisions at the four schools when he was not at work through illness or holiday, Laheney said: “At the moment, I’d make decisions by telephone or by messaging but frankly I’m not often ill.
“I’m always available by telephone. I have deputy head teachers at the secondary and other senior staff at the primaries. They call when there is a situation.”
Laheney, of Victoria Place, Ulverston, said his main work-base was at Furness Academy and parents often wanted to speak to him. Asked whether he could use taxis or employ a driver during a ban, he said neither option was viable.
Magistrates heard the defendant was convicted of three speeding offences in 2020 – in September, June and April.
Giving their decision, magistrates said it had been a “finely balanced” judgement but they accepted the exceptional hardship argument, allowing the defendant to continue driving with 12 points.
This was for three reasons: firstly, there was the likely effect of a ban on his job and the potential impact on the welfare of students; secondly the support role that Laheney gave to his parents; and thirdly the ban involved a potential risk that he could lose his job.
But the presiding magistrate said: “We would counsel extreme caution when it comes to your driving because if you come back to court again it’s very unlikely you’d keep your licence and [likely] that you’d get a ban.”
The defendant will now not be allowed to argue against a ban with special reasons for the next three years, said the magistrate. The defendant was fined £437, with £110 costs and a £33 victim surcharge.
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