Teacher misconduct: the prohibition of teachers

Posted on February 8th, 2022

Following consultation on revising the document ‘Teacher misconduct: the prohibition of teachers’, the government published a revised version in February. The public consultation sought views on a draft version of the revised prohibition advice and took place during an eight week period last autumn.

Revised guidance

The proposed revisions provide clarification on matters relating to the teacher misconduct process and procedures, and DfE advice to panels about the consideration of evidence, and the factors to be considered in deciding whether to recommend that a teacher prohibition order should be imposed. The revised guidance can be found here.

Incompatible with being a teacher

The revised guidance includes an up-to-date list of ‘types of behaviour that in the Education Secretary’s view are considered likely to be incompatible with being a teacher’.

New offences

There are also six new offences, which have been added to the section ‘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?

These additions are:

  • Voyeurism (including upskirting).
  • Revenge pornography.
  • Sexual communication with a child.
  • Child cruelty and/or neglect.
  • Controlling or coercive behaviour.
  • Harassment and/or stalking.

Referring to the TRA

Where a teacher has been dismissed for serious misconduct, or would have been dismissed had they not resigned, schools have a statutory duty to consider whether to refer the case to the Teaching Regulation Agency (TRA). Schools should use the advice contained in ‘Teacher misconduct: the prohibition of teachers’, together with reference to ‘Keeping children safe in education’, to help decide whether it is necessary to refer. The guidance is clear that, where there is any doubt, a referral should be made to the TRA and any referral should be made promptly.

The government response to the consultation can be found here.

Need support with your HR?

Our support means you can focus on education, while we take care of your organisation’s HR needs.

CEFM offers consultancy to support schools during investigations. Get in touch for a free consultation about how we can help you.

Free trial

Get a free trial of CEFMi – a comprehensive resource for school managers containing over 7,000 pages of text, including over 170 policies written specifically for schools.