Teacher Avoids TRA Referral Over Alleged Offensive Social Media Posts

The Client

Our client was an experienced teacher with an otherwise unblemished professional record who came under investigation because of comments posted on his personal social media account.

The posts had been made outside school and in a personal capacity. However, they were subsequently brought to the attention of pupils, former pupils and families connected with the school.

Complaints were made to the Headteacher and our client was suspended. Following an internal disciplinary process, he was dismissed for gross misconduct and the matter was referred to the Teaching Regulation Agency.

He instructed us to represent him before the TRA.

The Allegations

The TRA alleged that our client had posted six messages on X, formerly Twitter, over a period of approximately two months. The posts concerned sensitive and highly contentious subjects, including immigration, Muslims, Israel, Palestine and the conflict in Gaza.

It was alleged that the posts were offensive, discriminatory and/or racist.

Our client did not deny making the posts. He accepted that some of the comments were poorly judged, inappropriate and capable of causing offence. He did not, however, accept that he held racist or discriminatory views or that every post could properly be characterised as offensive, discriminatory or racist.

His position was that a number of the comments had been brief, sarcastic responses made during online discussions and that their wording had failed to communicate what he had actually intended to say. Nevertheless, he recognised that, as a teacher, posting comments on controversial subjects in this way created a serious professional risk.

Our Defence Strategy and Work

The case demonstrates one of the significant dangers teachers face when using social media.

There can be a tendency to regard a personal social media account as entirely separate from professional life. In reality, comments made online can very quickly be seen by pupils, parents, colleagues and employers.

A few words posted in seconds can potentially place an entire teaching career at risk.

Our representations did not simply argue that our client had made the posts in his private life or rely upon freedom of expression. Instead, we addressed each post individually and placed it in its proper context.

Where comments were plainly inappropriate, our client acknowledged that. Where the allegation went further and sought to characterise other posts as discriminatory or racist, we explained why that conclusion did not necessarily follow from what had actually been written or from the context in which it had been posted.

Just as importantly, we addressed the question the TRA Decision Maker ultimately had to determine: was this really a case which needed to be referred to a Professional Conduct Panel with a realistic prospect of our client being prohibited from teaching?

Our client had already suffered very serious consequences. He had lost his employment following the school’s disciplinary proceedings. There had never been any suggestion of inappropriate behaviour towards pupils or that his teaching had adversely affected their education, welfare or safeguarding. He had an otherwise unblemished teaching record spanning approximately seven years.

We also ensured that the representations did not rely simply upon assertions that he had “learned his lesson”.

Our client undertook specific remediation. He completed certified training in online safety and undertook further independent learning designed to make him consider more carefully the consequences of online communication. He reflected upon the particular responsibility teachers have when discussing sensitive matters such as race and religion and the ease with which impulsive social media comments can undermine public confidence in a professional.

He came to recognise that teachers cannot assume that comments made on a personal account will remain private or disconnected from their professional role.

We also obtained strong character evidence from those able to speak to his genuine character and his professional conduct as a teacher.

Our representations invited the Decision Maker to consider the case as a whole, rather than looking at individual social media posts in isolation.

The Outcome

The representations were successful.

The TRA Decision Maker determined that there was no case to answer.

The case was therefore discontinued and was not referred to a Professional Conduct Panel.

Our client avoided the stress, expense and professional uncertainty of a full TRA misconduct hearing and, importantly, did not face the risk of a prohibition order being imposed following such proceedings.

The outcome demonstrates the importance of making detailed and properly evidenced representations at the Decision Maker stage.

A referral to the TRA does not automatically mean that a teacher must face a Professional Conduct Panel.

Where appropriate, representations should address not only whether particular conduct occurred, but its context, its true seriousness, the teacher’s insight and remediation, their wider professional record and, crucially, whether there is realistically any prospect that the conduct would justify prohibition from teaching.

The Dangers of Social Media for Teachers

This case also provides an important warning for teachers using social media.

Teachers are entitled to private lives and personal opinions. They are also entitled to express views on political and social issues.

However, social media can blur the boundary between private and professional life.

Posts made casually, sarcastically or in the heat of an online debate can be screenshotted, circulated and viewed entirely outside their original context. A teacher may then find themselves having to explain a handful of words months later to their employer or a professional regulator.

In our client’s case, he came to understand that even posts made personally and outside school could be viewed by pupils and parents and could create a significant reputational risk to both the individual teacher and the profession.

Teachers should therefore exercise particular care when posting publicly about issues involving race, religion, sexuality, politics, war or other subjects capable of provoking strong disagreement.

Comments from Jared McNally

“Social media presents a very real professional risk for teachers. A comment written casually in a few seconds can be copied, shared with a school and ultimately lead to a referral to the Teaching Regulation Agency.

In this case, our client accepted that some of his posts were inappropriate and that he should have exercised much better judgment. But that did not mean it was inevitable that he should face a Professional Conduct Panel or potentially be prohibited from teaching.

We addressed the individual posts carefully, provided their proper context and, importantly, produced evidence of genuine insight, reflection and remediation together with strong character evidence.

The Decision Maker agreed that there was no case to answer and the matter was discontinued without referral to a Professional Conduct Panel.

“The case is a useful reminder both of the dangers of social media for teachers and of the importance of making effective representations at the earliest possible stage of a TRA investigation.”

Jared McNally, Clifford Johnston & Co.

Clifford Johnston & Co is a leading defence firm in Criminal and Professional Disciplinary Law, based in Manchester and representing clients across England and Wales on a privately funded basis. We provide strategic advice and robust representation to teachers facing Teaching Regulation Agency investigations and Professional Conduct Panel proceedings.