TRA (Teaching Regulation Agency) Referrals – A Guide for Teachers (Education Law Series)

In this article, I will cover some of the most frequently asked questions, during my reduced fee conference package consultations.

During the consultations, I find myself, spending a considerable proportion of the time, explaining the TRA process to my clients. To help clients, I have written a brief guidance so that when they instruct me, their time is better utilised and more cost effective as they focus on the issues within their case, as opposed to the procedure being explained to them.

The TRA website is helpful in providing detailed information and guidance for teachers. However, when a teacher is referred, they are usually in a state of distress and unable to process, the overload of information on the TRA website.

As part of my education law series, I am happy to assist and this article should be read in line with my previous article, which can be found here.

Who are the TRA?

The TRA are responsible for regulating the teaching profession in England. Their function is to investigate cases of serious teacher misconduct and determine if the case is to be referred to a professional conduct panel. Who then investigate whether a prohibition order should be issued.

Can I also be referred to other bodies?

Depending on the severity of the allegations made against the teacher, there is a possibility that they may be referred to other bodies, such as DBS (Disclosure and Barring Service). I will cover this in more detail in a separate Education Series article.

When is a referral like to be made?

If the conduct is deemed to be, “fundamentally incompatible with being a teacher” and/or “could lead to them being prohibited from teaching,” then a referral is likely to be made.

Over the years I have experienced clients with a plethora of conduct issues. Each case has a unique set of facts, and it is crucial to seek legal advice before any conduct is admitted to.

When is a referral unlikely to me made?

Conduct which concerns incompetence or under-performance is something an employer should deal with. However, I have experienced instances where these types of issues have been used as evidence to contribute to the initial TRA referral if serious issues are also pertinent.

What is deemed as serious teacher misconduct?

Serious misconduct can entail a wide range of behaviours such as (including but not limited to), criminal, sexual or inappropriate conduct. Once investigated, they then decide whether to refer a case to a professional conduct panel (explained below).

Who is regulated?

Most people who are in the profession of teaching are unaware that they are regulated by the TRA. Below is a list (including but not limited to) of placed teachers are regulated in;

• all schools
• sixth form colleges
• children’s homes
• youth accommodation

What is the TRA referral process?

The simplest way to understand the process is, once a referral is made and if the TRA feel the case requires further investigation, they will write to you.

Decision maker

Once the TRA referral has been received, if the TRA feel it needs investigating, they will commence this process, and the teacher will be asked to make representations / admit to the conduct.

A lot of the teachers believe that if they admit to the conduct, it will help the matter go away. However, I strongly suggest these teachers to make representations, so as to safeguard their future career and ability to work.

When you receive, the referral form and associated documents by the investigator from the TRA, you will be asked to respond.

WARNING: In my view this is the most important stage when you should seek immediate legal advice. Do not complete the form of responses without doing this.

Post your response, the TRA will inform you, if the case will continue.

WARNING: If the case is to continue and if you have not had legal advice by this point, it would be prudent to do so.

Once you are referred to a panel, they then investigate whether a prohibition order should be issued.

WARNING: Seek legal advice on the representations you make.

Professional conduct panel hearings

“If the matter moves to a panel, there will be three members, a teacher, or someone who has been a teacher in the previous 5 years; a layperson, specifically not from the teaching profession and a person who has taught previously. One of the three will be the chair. There is also a legal advisor present to assist the panel in ensuring that they understand the appropriate law, when making decisions. The TRA will be represented by a lawyer.

Panel hearings

Details of all forthcoming hearings are published 5 working days ahead of the schedule. The press and public are allowed to observe.

In my view it is always essential to be present at these hearings, and if you do need legal representation, despite the cost, it is always good to try and secure this before the hearing.

The panel must determine, the unacceptable professional conduct and if such a conduct may bring the profession into disrepute. Further, they must determine any relevant criminal conviction the teacher may have had.

If the panel decides that there has been any of the above, it will make a recommendation to the Secretary of State. A senior TRA official will decide on behalf of the Secretary of State whether a prohibition order is appropriate.

Hearing outcomes and publication

If an adverse finding is made against the teacher, they will be given full written decision which is published on this website. "If a prohibition order is imposed, the individual’s name will appear on the prohibited list." (“Teacher misconduct: regulating the teaching profession”)

If you would like to speak to me, many people take the Reduced Fee Conference Package which gives extra free time included to help clients. You can email me at haresh.sood@tbgbarrister.co.uk for more information.

(Edited by Satya Yadav)