Our Employment Solicitors Manchester specialist for the teaching profession offers representation in any case under investigation by either:
- The National College for Teaching and Leadership (NCTL)
- The Education Workforce Council (EWC)
The Regulatory Process
England
The Secretary of State for Education regulates all teachers in England. This operation is carried out by the National College for Teaching and Leadership (NCTL) on their behalf.
Prior to April 2012, the regulation of teachers was managed by the General Teaching Council for England (GTCE), but in accordance with the Teachers’ Disciplinary (England) Regulations 2012, this agency was replaced by the Teaching Agency (TA), who took over all corresponding roles and responsibilities. The Teaching Agency was merged with the National College for School Leadership, and by doing so formed the National College for Teaching and Leadership (NCTL). It is the National College for Teaching and Leadership who currently handle the regulatory process for teachers in England.
The NCTL disciplinary process
Investigation
The investigation will comprise of an initial assessment to examine the status of the claim. If the situation is deemed to be of a serious enough nature, an interim prohibition order will be granted to prevent the accused staff member from continuing within a teaching role.
A formal investigation will be carried out, whereby the accused staff member has 28 days to supply evidence in their defence.
If the National College for Teaching and Leadership decide the case is valid in accordance with all the facts, it will be referred to a hearing before the Professional Conduct Panel.
Hearing
The Professional Conduct Panel will normally be made up of 3 members, including professional and lay members. Witnesses may be called to offer evidence at this hearing.
Decision
The panel will aim to reach a decision with regard to the case and the accused member of staff, made on the balance of probabilities, whether or not to recommend a prohibition order. If a prohibition order is recommended to the Secretary of State, and they agree, the accused will no longer be allowed to teach and be added to a prohibition list.
Appeal
A teacher can appeal to the High Court against a prohibition order within 28 days of the order being served.
Reviews
Depending on the term of the prohibition order, a review may be applied for. If the order is suitable for review, and this must be after a period of not less than 2 years, the subject of the prohibition order may apply to have the order reversed.
Wales
The regulation of teachers was carried out by the General Teaching Council for Wales (GTCW) until 2015 when they were replaced by the Education Workforce Council (EWC) under the rules of the Education (Wales) Act 2014.
The EWC disciplinary process
Investigation
The Education Workforce Council will decide whether there is adequate evidence to carry out a full formal investigation. If so, the matter will be referred to the investigation committee. In turn, the investigation committee will refer appropriate cases to the Fitness to Practice Committee. At this stage, the Fitness to Practice Committee will either hold a formal hearing or manage the situation by offering an option of voluntary reprimand or voluntary prohibition.
Hearing
The accused will formally present evidence, including witnesses if necessary, to the Fitness to Practice Committee, in order to outline their defence.
Decision
Once a decision has been determined on the balance of probabilities, the committee will sanction one of the following: a reprimand; a conditional registration order; a suspension order; or a prohibition order. If a prohibition order is sanctioned, a minimum 2-year term must pass before the offender can re-apply to register to teach again.
Appeal
If an appeal is to be made, a teacher must respond against the prohibition order within 28 days of when the order was served.
Internal disciplinary proceedings
We also represent teachers involved in internal disciplinary proceedings being carried out by their employer or line manager.
Representation for teachers in cases of regulatory proceedings
If you are subject to proceedings carried out by the National College for Teaching and Leadership or the Education Workforce Council regarding your position as a teacher, please contact us on 0161 82 11 559, or complete the form on our enquiry page. One of our dedicated team will contact you as soon as possible to discuss your case, possible outcomes and your options.
