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Professional Defence Solicitors for Teachers
If you are a teacher and have been accused of misconduct or inappropriate behaviour, or are facing an investigation from a regulatory body, JMW Solicitors can defend you against a wide variety of enquiries.
As a teacher, allegations of misconduct can have a devastating impact on your career, future job prospects and personal life alike. This is why our solicitors are dedicated to preparing a robust defence that will give you the best possible chance of securing a positive outcome.
Our team of professional regulation solicitors have extensive experience in dealing with the Teaching Regulation Authority (TRA), formerly the National College for Teaching and Leadership (NCTL), and will work tirelessly to defend your case.
If your matter is urgent, call our 24-hour legal helpline on 0800 804 8186 to access expert legal advice whenever you need it.
How JMW Can Help
Our expert solicitors are on hand to advise you on your legal rights and responsibilities in the event you are facing an investigation from the NTA. We will do our utmost to help you to make the best choices throughout the legal process.
We have many years of experience in working with teachers to defend them against disciplinary hearings brought by the NTA.
JMW has assisted teachers employed by local councils, as well as those who work for private educational establishments, with the following:
- Preparing responses to the TRA on your behalf
- Representing teachers at the police station
- Negotiating a Statement of Agreed Facts
- Negotiating management of the case through a private meeting or public hearing
- Preparing for and providing representation at interim proceedings and hearings
- Appealing decisions made by the NTA
- Advising and representing teachers in relation to internal disciplinary investigations and hearings
- Preparation and application for an Ofsted waiver from disqualification
- Preparation for and representing teachers at meetings with Ofsted
- Preparation for and representation of teachers at First Tier Tribunal Appeal hearings, in the event that Ofsted has declined an application for a waiver from disqualification
- Preparing representations on your behalf to be submitted to the disclosure and barring service
If you are facing an investigation from the TRA, it is essential that you contact a solicitor as soon as possible to give you the best possible chance of securing your desired outcome.
What are the TRA’s duties?
The TRA took over responsibility for the regulation and discipline of teachers from the NCTL in 2018. The body is responsible for the regulation of the teaching profession, including misconduct hearings.
It is the duty of the TRA to act upon receipt of allegations of misconduct, supporting employers, schools and headteachers with safeguarding responsibilities.
Usually, the TRA will only be involved in the most serious cases of misconduct to determine whether a teacher should be banned from working. All other matters, including accusations of incompetence, are dealt with locally.
The TRA investigates cases of alleged serious misconduct and then determine whether the case should be referred to the Professional Conduct Panel.
What is a Prohibition Order?
A prohibition order prevents a teacher from undertaking unsupervised teaching work in schools and other settings. When a teacher has been added to this list, their details will appear on a list of prohibited individuals.
A prohibition order is a lifetime ban. However, in some cases, a teacher may be permitted to have the order reviewed.
What is the Professional Conduct Panel?
The Professional Conduct Panel is responsible for handling allegations of serious misconduct against teachers, and is able to recommend that teachers are subject to a prohibition order, which has the potential to have devastating, career-ending consequences.
Upon hearing the evidence presented, the Professional Conduct Panel will answer the following questions:
- Is the panel satisfied that the facts of the case have been proven?
- Has there been a) unacceptable professional conduct, b) conduct that may bring the profession into disrepute or c) conviction, at any time?
- Is a prohibition order appropriate?
It is important to note that a panel may answer ‘yes’ to the first two questions, but can reasonably still decide that it is not appropriate to recommend a prohibition order.
After considering all the evidence that has been presented, a panel will make the recommendation to the Secretary of State as to whether a prohibition order is the right course of action to take.