Proceeding to a professional conduct panel The final decision on prohibition is then made by a senior TRA official. If a panel find any of the allegations proven and makes a finding of serious misconduct, it will then make a recommendation about whether a teacher should be prohibited. A panel will consider a case and then make a collective decision on whether each allegation is proven or not. A panel is assisted with the regulatory process and points of law by an independent legal adviser who does not participate in any decision making.
The third panel member may be a person who has taught previously but does not currently meet the teacher panellist criteria and will be referred to as a former teacher panellist. A panel must include at least one teacher and one lay member (someone who has never been a teacher). Professional conduct panelĪ professional conduct panel is made up of 3 independent people who are not employed by TRA or the Department for Education ( DfE). Īn interim prohibition order does not influence the final decision made about prohibition. The application needs to be in writing, setting out grounds for the review.įurther information on how interim prohibition orders are considered is available in the Teacher misconduct: the prohibition of teachers document. You can then apply for further reviews every 6 months. You can request a review of the interim prohibition order within 6 months of the decision to impose it on you. If an interim prohibition order is imposed, we will write to you and your current employer.
Once we receive your response or the deadline has passed, a senior TRA staff member will make a decision within 5 working days. If we are considering an interim prohibition order, you will receive a letter giving you 10 working days to present additional information. They are used in the public interest to protect pupils and the public from harm. This prevents you from teaching until your case has concluded. Interim prohibition ordersĪt any stage of your case, we may consider imposing an interim prohibition order. If we do not believe that the person referred is a teacher under our regulations or we consider that the misconduct is not serious enough or that there is no case to answer, then we will discontinue the case and notify you and the referrer. A presenting officer is a lawyer we instruct to prepare the case and then present the allegations and evidence against you to a professional conduct panel. If the decision maker decides that there is a case to answer and the alleged misconduct is potentially serious enough to result in prohibition, it will be referred to a professional conduct panel and we will pass the evidence to a presenting officer.
TAKENOTE TEACHER MISCONDUCT SOLUTION FULL
The decision maker will take into account all the documentation received to date, including information from the referrer, yourself and any other parties we contacted to collate a full picture of the allegations, such as previous employers or the police. Once the deadline for a response has passed, the case will be considered by a TRA decision maker. As previously recommended, it is advisable to contact an organisation for professional advice before making any response. You may for example, choose to send in paperwork relevant to your case such as notes of a school investigation. It is your choice whether or not to respond to the allegations at this stage. We cannot give advice – we can only explain the processes involved in the regulation framework and how cases are administered.įollowing the investigation we will provide you with the evidence and you will be given an opportunity to respond to the allegations.
If we notify you that we have decided to investigate, we recommend you contact a legal professional or union representative for advice. Once this initial decision has been made, you will be informed in writing. If the Teaching Regulation Agency ( TRA) receives a referral about you, we will decide whether to undertake an investigation or to discontinue the case and take no further action.
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