Teaching Regulation Agency Lawyers
Clifford Johnston & Co. solicitors has a team of Teaching Regulation Agency Lawyers with the knowledge and expertise to defend you in disciplinary investigations and proceedings before the Teachers Regulation Agency (TRA). We are based in Stockport and Manchester, with clients across the UK. We can, therefore, assist you wherever you are based.
In April 2018, the TRA took over the responsibility of the regulation and discipline of teachers from the National College for Teaching and Leadership.
The TRA has responsibility for the regulation of the teaching profession, including misconduct hearings. They act on receipt of allegations of serious teacher misconduct, and support employers, schools and headteachers with safeguarding responsibilities.
The TRA should only be involved in the most serious cases of misconduct, to decide whether a teacher should be prohibited from teaching work. Other matters, including all cases of incompetence, should be dealt with locally. They investigate cases of serious misconduct and then decide whether to refer a case to the ‘Professional Conduct Panel’.
Allegations of misconduct can have a profound impact and life-changing consequences on a teacher’s career, reputation, and personal life. We have the knowledge and skills to help you. We are well equipped to defend your rights. We will guide you through each stage of the process and discuss your options, defence strategy and advise you on the possible outcomes. Whatever the allegation, it is vital that you obtain expert legal advice from a specialist Teaching Regulation Agency Solicitor.
Professional Conduct Panel
The ‘Professional Conduct Panel’ is responsible for hearing allegations of serious misconduct against teachers and they can recommend that teachers be made subject to a ‘Prohibition Order’. Such an order may have personal and career ending consequences so it is important that, if you have received a referral, you contact our Teaching Regulation Agency Lawyers
After considering all the evidence put before it, a ‘Professional Conduct Panel’ must make three decisions, in the order shown below. If a panel decides that ‘no’ is the answer to any of these questions, it will not need to proceed to the next question. A panel may answer ‘yes’ to (i) and (ii) and still decide that it is not appropriate to recommend a ‘Prohibition Order’.
- (i) Is the panel satisfied that the facts of the case have been proved?
- (ii) Has there been: a) “unacceptable professional conduct”; b) “conduct that may bring the profession into disrepute”; or c) “conviction, at any time of a relevant offence”?
- (iii) Is a prohibition order appropriate?
Following its consideration of all the evidence presented, a panel will make a recommendation to the Secretary of State as to whether a ‘Prohibition Order’ should be made in respect of the teacher.
Once a senior official from the TRA has received a recommendation on prohibition from a panel they will, within two working days wherever possible, decide whether to impose a ‘Prohibition Order.
Teaching Regulation Agency Prohibition Order
The Secretary of State has the power to impose an ‘Interim Prohibition Order’ if he considers that it is necessary in the public interest to do so. This will apply in cases where there has been a particularly serious allegation and a judgement is made that the teacher should not teach while an investigation is undertaken.
A ‘Prohibition Order’ prevents a teacher from undertaking unsupervised teaching work in schools or other settings. Where an individual is prohibited, their details will appear on the Prohibited List.
A ‘Prohibition Order’ is a lifetime ban. However, in some circumstances, a teacher may be allowed to apply to have the ‘Prohibition Order’ reviewed.
Teaching Regulation Agency Appeals
A teacher may appeal against a ‘Prohibition Order (though not an interim prohibition order) to the Queen’s Bench Division of the High Court within 28 calendar days from the date a notice of the order was served on them.
If you have been made subject to a ‘Prohibition Order’ and wish to appeal, you should contact our Lawyers for teachers.
How can we help?
Throughout a TRA investigation, our experienced solicitors for teachers will provide you with specialist legal representation. We understand the stress and anxiety that a TRA investigation causes and the far-reaching consequences for your career and personal life.
We provide clear and straight-forward advice to ensure that you have a full and comprehensive understanding of your situation. We provide a bespoke service tailored to the individual circumstances of your case. We will work closely with you, taking a proactive approach, to secure the best possible outcome.
We can assist you at each stage of the investigation and subsequent proceedings and we will work tirelessly to protect your career and livelihood:
- Preparing and drafting a written response during the initial investigation stage
- Collating evidence during the initial investigation stage
- Preparing written representations and evidence against the imposition of an interim Prohibition Order
- Preparing a response to the notice of referral
- Negotiating the statement of agreed facts and the management of the case
- Representation at Hearings before the Professional Conduct Panel
- Advising on appeals against decisions
- Applying for the removal of a Prohibition Order
In addition to the above, we are uniquely placed to represent you at the police station or before the Criminal Courts should you be accused or charged with a criminal offence.
Why choose us?
We have the relevant expertise and experience to robustly defend you when your suitability to be a teacher is called into question.
Contact our Solicitors for Teachers today for a free consultation