Teacher misconduct: the prohibition of teachers

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 for teacher misconduct

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.

What is teacher misconduct
Teacher misconduct refers to inappropriate behaviour or actions by a teacher that violate professional standards or ethical guidelines. This can include actions such as bullying, discrimination, financial misconduct, inappropriate relationships with students, or neglect of duty. It may also involve failure to adhere to safeguarding policies or breaches of legal obligations, such as data protection laws. Misconduct can lead to disciplinary actions, suspension, or dismissal, and is often investigated by educational authorities or governing bodies to ensure student safety and professional integrity.

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.

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What is teach misconduct

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