Teacher misconduct: referring a case

Introduction

The Teaching Regulation Agency (TRA), acting on behalf of the Secretary of State for Education, is responsible for investigating allegations of serious misconduct against teachers and headteachers in schools in England.

If appropriate, we can prohibit a teacher from teaching in schools, relevant youth accommodation, sixth-form colleges and children’s homes in England.

There are different processes if you want to complain about a teacher in:

• Wales
• Scotland
• Northern Ireland

Teachers who may be subject to disciplinary procedures should refer to Teacher misconduct: information for teachers.

Who can be referred

You can refer serious misconduct by a teacher in England.

You can refer an allegation to us if it relates to anyone undertaking teaching work within a relevant establishment as outlined within The Teachers’ Disciplinary (England) Regulations 2012 (the Regulations).

A teacher means a person who is employed or engaged to carry out teaching work at a:

• school in England (including academies, free schools and independent schools)
• sixth-form college in England
• relevant youth accommodation in England
• children’s home in England

Teaching work is defined as unsupervised:

• planning and preparing lessons and courses for pupils
• delivering lessons to pupils
• assessing the development, progress and attainment of pupils
• reporting on the development, progress and attainment of pupils

If the case should be referred to another regulatory body or organisation, we will forward the relevant information to that body as soon as possible.

If you have any queries about whether a person is engaged in teaching work, please contact:

Referring a case against a teacher

Allegations of serious misconduct against a teacher may be referred to us by:

• a teacher’s employer, including an employment or supply agency
• a member of the public who think that a case of misconduct by a teacher is serious enough to warrant a prohibition order
• the police
• the Disclosure and Barring Service (DBS) and other regulators who are aware of relevant information

A referral is appropriate if the alleged misconduct is so serious that, if proven, it could warrant a decision on whether the teacher should be prevented from teaching. Serious misconduct is unacceptable behaviour that:

• falls significantly short of the standards expected of a teacher
• brings the teaching profession into disrepute
• affects the way someone performs their teaching role

We may also investigate if a teacher has been convicted (at any time) of a relevant criminal offence.

We can put an interim prohibition order in place to prevent a teacher from teaching until their case has been fully investigated. The prohibition of teachers explains the types of misconduct and relevant offences that may lead to prohibition.

Referrals by employers

Make a referral

Employers have a statutory duty to consider referral of cases involving serious professional misconduct to us.

Where you have dismissed the teacher for misconduct, or would have dismissed them had they not resigned first, you must consider whether to refer the case to us.

If you decide to make a referral, you should use the Teacher misconduct referral form for employers and make sure you set your concerns out fully, explaining your reasons for making a referral, and enclosing all previous correspondence and relevant documentation.

We will decide on the level of seriousness of the case and whether there is enough evidence to investigate further. We will then confirm whether a referral will lead to an investigation and a hearing, as set out in our disciplinary procedures.

Referrals by members of the public

Make a referral

Members of the public may consider referring a possible case of misconduct to TRA where it is serious enough to warrant a prohibition order.

However, you should only consider this after you have followed all possible local procedures, including contacting the school’s headteacher or chair of governors, or the local authority, where they are the teacher’s employer. If you’re not satisfied with their response to your allegation or you think the misconduct is serious enough that the individual should no longer teach you can make a referral to us.

You should use the Teacher misconduct referral form for members of the public and should include as much relevant information and evidence as possible, as well as details of the local procedures that have already taken place to deal with the allegation.

We will confirm whether a referral will lead to an investigation and a hearing, as set out in our disciplinary procedures.

Safeguarding

Safeguarding is when an allegation against a teacher is in any way connected to the risk of harm, or actual harm to a child. In such a case a referral should be made to the Disclosure and Barring Service (DBS).

If a safeguarding issue also involves misconduct by a teacher, a referral should be made to both the DBS and TRA. TRA and the DBS will consider the misconduct and safeguarding aspects of the case respectively and in parallel.

Contact your local council or call your local police on 101 if you think a child is at risk. Call 999 if a child is in immediate danger.

What happens after you have referred a teacher

Once we have reviewed the referral we will let you know what happens next. We could tell you we:

• need more information to decide whether to investigate the case
• will not investigate the case because it is:
  • outside our jurisdiction
  • does not have the potential to result in a prohibition order
• will launch a formal investigation

Investigation

If we decide to investigate, we:

• will send a copy of the allegations to the teacher – the teacher will have an initial opportunity to respond to your allegations
• may consider imposing an interim prohibition order which prevents the individual from teaching until the case has concluded
• may consider appointing a legal firm to help with the investigation

Consideration of the case

Once the investigation has concluded, the teacher will be asked to provide their response to the allegations. Once the deadline for a response from the teacher has passed our decision maker will consider the case. They will take into account all the evidence gathered during the investigation. The decision maker will either:

• conclude that there is no case to answer, and discontinue the case – we will notify the teacher and the referrer
• conclude that there is a case to answer and refer the case to a professional conduct panel meeting or a hearing (the panel is made up of 3 independent people who are not employed by us or the Department for Education (DfE))

Professional conduct panel meeting

If the teacher admits to the allegations and requests a meeting the panel will meet in private to consider the case, assisted by a legal adviser. There are no witnesses and the presenting officer and teacher do not attend.

A public notice of a meeting is published on GOV.UK 2 weeks in advance of the meeting.

Professional conduct panel hearing

If there is a hearing it may be attended by:

• panel members
• a presenting officer (who is a lawyer presenting the case on our behalf)
• a lawyer who advises the panel members
• the person accused of serious misconduct
• a representative for the teacher
• witnesses
• TRA staff

Members of the public, including the press, can register to attend a hearing as an observer.

A public notice of a hearing is published on GOV.UK 2 weeks in advance of the hearing.

Teacher misconduct decision

If the professional conduct panel makes a finding of serious misconduct, they’ll make a recommendation about whether a teacher should no longer teach. The decision is then made by a senior TRA official on behalf of the Secretary of State for Education.

The referrer will normally be informed in writing within 3 working days of the decision being made.

If there’s a finding of serious misconduct, the hearing outcome will be published on GOV.UK within 2 weeks of the decision being made.

Appeal

Teachers have 28 days to appeal prohibition orders to the High Court.

Contact

Please contact us if you have any questions about referring a case.