TRA Lawyers – Experts in Legal Advice for Teachers

Teaching Regulation Agency (TRA) Interim Prohibition Order

An Interim Prohibition Order (IPO) is one of the most serious steps the Teaching Regulation Agency can take at an early stage. It prevents you from carrying out teaching work while an investigation is ongoing.

In practice, this can happen quickly. The TRA may consider an IPO within days of receiving a referral and can impose one at any stage of the process, without the need for a full misconduct hearing.

An IPO will usually be considered in cases involving allegations of serious misconduct, particularly where there are concerns about safeguarding, such as sexual misconduct or risk to pupils.

The test applied by the TRA is whether there is credible evidence supporting the allegations and whether an order is necessary to:

• protect children, staff, or the public; or
• maintain public confidence in the profession .

If that threshold is met, the TRA has the power to prevent you from working immediately, pending the outcome of the case.

If the TRA is considering an IPO, you will be notified in writing and given a short window, typically 10 working days, to respond.

This is a critical stage. Your response is your only real opportunity to challenge the imposition of the order before a decision is made. Once your representations (if any) are received, the TRA will review the evidence and reach a decision within 5 days.

If an IPO is imposed:

• you will be prohibited from teaching until the case is concluded
• your details will be recorded on the TRA’s list of prohibited teachers

There is no right of appeal against the imposition of an Interim Prohibition Order.

You can apply for a review, but only after a set period (usually six months) and thereafter at further intervals. In reality, that makes the initial response to the proposed IPO decisive.

An IPO can have immediate and far-reaching consequences; loss of income, reputational damage, and significant pressure on your personal life. Because there is no appeal, the quality of the response at the outset is critical. Early, focused legal advice can make the difference between continuing to work and being prevented from doing so for the duration of the investigation.

Resolving Your Case Without a Hearing

If your case is referred to the Professional Conduct Panel, it is sometimes possible to conclude matters without attending a full hearing.

If you admit the allegations and accept that they amount to serious misconduct, your case may be dealt with by a Professional Conduct Panel (PCP) meeting. This is a paper-based process. Neither you nor the presenting officer will attend.

Instead, the panel considers the case based on agreed evidence and written submissions. You will have the opportunity to provide representations, including mitigation and your position on whether a prohibition order is appropriate.

If you admit the allegations and accept that they amount to unacceptable professional conduct and/or conduct that may bring the teaching profession into disrepute, the TRA will send you a draft statement of facts and invite you to agree to it.   This is usually done within four weeks of receipt of your response  to the case to answer letter.  You will then be given three weeks to confirm in writing which facts you agree.

This route can offer a more contained and less adversarial resolution, but it still carries significant consequences and should only be considered with careful advice.

Resolving Your Case at a Hearing

Where allegations are disputed, or a meeting is not appropriate, the case will proceed to a Professional Conduct Panel hearing.

Preparation time varies depending on the complexity of the case and the number of witnesses involved. Once ready, you will usually be given at least 10 weeks’ notice of the hearing date, although you can agree to a shorter timeframe.

Professional Conduct Panel

The Professional Conduct Panel (PCP) deals with the most serious allegations of teacher misconduct. It is responsible for hearing the evidence and determining the facts. Where appropriate, the panel can recommend that a teacher is made subject to a Prohibition Order.

A panel is typically made up of three members, including at least one serving teacher, or someone who has been a teacher within the previous five years. The remaining members are lay individuals, usually with experience in handling complex and sensitive matters, although not necessarily within education.

The panel is supported by an independent legal adviser appointed by the TRA. Their role is to advise on legal issues, procedure, and relevant policy, and to assist the panel in structuring its reasoning. They may also remind the panel of the evidence during deliberations. However, they play no part in the final decision-making.

A Professional Conduct Panel hearing follows a structured, tribunal-style process. It begins with the Chair introducing the panel and confirming your identity, before dealing with any preliminary legal or procedural issues.

The allegations are then put to you. You will be asked whether you admit the facts and, if so, whether you accept that they amount to unacceptable professional conduct, a relevant conviction, or conduct bringing the profession into disrepute.

If the facts are admitted, the case can proceed on the basis of an agreed statement. The panel will hear submissions from both sides on whether those facts meet the required threshold and what outcome should follow, before retiring to make its decision.

Where facts are disputed, the hearing becomes more formal. The TRA will present its case first, followed by your response. Evidence is then called and tested, including witness evidence where necessary. Both sides have the opportunity to make closing submissions before the panel retires to deliberate.

The Professional Conduct Panel will consider all of the evidence and make its findings on the civil standard of proof—that is, whether it is more likely than not that the alleged conduct occurred.

The panel must first decide which, if any, of the alleged facts are proved. It will then determine whether those facts amount to unacceptable professional conduct, a relevant conviction, or conduct capable of bringing the profession into disrepute.

If misconduct is established, the panel will move on to consider outcome. At that stage, it will hear further submissions from the TRA and any mitigation put forward on your behalf before deciding whether to recommend a prohibition order.

In reaching that decision, the panel will weigh a number of factors, including the need to protect pupils, maintain public confidence in the profession, and uphold proper professional standards.

If a prohibition order is recommended, the panel must also consider whether you should be allowed to apply for it to be set aside in the future, and if so, after what minimum period.

The final decision rests with the Secretary of State, who will usually determine whether to impose the order within a short timeframe. If a prohibition order is made, there is a right of appeal to the High Court within 28 days.

Teaching Regulation Agency (TRA) Prohibition Order

The Secretary of State has the power to impose a ‘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 (TRA) 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.

Parallel Criminal Investigations

If you are facing a criminal investigation alongside TRA proceedings, it is essential that both are managed together.

We act in both arenas. Our approach ensures that decisions taken in the criminal investigation, particularly at the pre-charge stage, do not undermine your position in the regulatory process later on.

Clifford Johnston & Co brings together specialist criminal defence and regulatory expertise. In cases involving allegations with any element of potential criminality, early involvement allows us to take a coordinated, strategic approach from the outset.

Our lawyers regularly advise on pre-charge engagement and work closely across teams to protect your position throughout. That joined-up approach is critical to achieving the best possible outcome.

TRA and DBS Proceedings

It is not uncommon for teachers facing TRA investigations to also be subject to parallel investigations by the Disclosure and Barring Service (DBS).

The DBS has the power to place individuals on the Children’s and Vulnerable Adults Barred List, which prevents them from carrying out regulated activity with children. This can have immediate and long-term consequences for your ability to work.

These cases often arise following a referral from a former employer. If the DBS is considering barring, you will usually be given eight weeks to make representations as to why you should not be included on the list.

This is a critical opportunity. Well-prepared, targeted representations can make the difference between continuing your career and being barred from the profession.

We have extensive experience in preparing detailed and persuasive submissions to the DBS, with a strong track record of successfully challenging proposed barring decisions.

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?

Clifford Johnston & Co is a leading Criminal Defence law firm in the North of England. From our offices in Manchester and Stockport, we specialise in professional disciplinary investigations & hearings, including Teaching Regulation Agency (TRA) investigations and Professional Conduct Panel proceedings.

We represent teachers across England and Wales on a privately funded basis and are instructed by a major trade union to act for its members.

Our team is known for thorough preparation, clear, strategic advice, and delivering strong outcomes for the professionals we represent. If you are facing a TRA investigation or proceedings, or scrutiny from any other regulator, early advice is essential. Get in touch as soon as possible so we can guide you through the process and protect your position.

We act for the National Assocaition of Headteachers and regularly act for their members in TRA cases.

If your suitability to teach is being questioned, we provide clear strategic advice and robust advocacy to protect your career, contact our Solicitors for Teachers today for a free consultation.