The Teaching Regulation Agency (TRA) has just published its annual figures for 2023-24 and it does not make good reading for teachers and school leaders. Misconduct referrals continue to rise with the TRA saying that this is largely fuelled by parents bypassing traditional school channels and directly lodging complaints. This trend has led to a more than 60% increase in referrals in just the past year, with nearly 1,700 cases reported in 2023-24 alone.
Of the cases which make it through to formal hearings at the TRA, around two thirds end up in banning orders being issued. This year 244 cases were heard by TRA panels with 157 teachers prohibited from teaching as a result. In less serious cases of misconduct, teachers can apply to have their bans set aside after two years. In the past year six previously banned teachers were permitted to return to profession after successful applications for their prohibitions to be lifted.
However, the majority of cases referred to the TRA do not meet the threshold for serious misconduct, suggesting that many should have been addressed through internal disciplinary procedures within schools. Of the 1684 cases referred in 2023-24, 1059 led to no further action being taken with the TRA saying that these cases were either not within their jurisdiction or did not meet the threshold of serious misconduct. Only 625 led to investigations being conducted suggesting that many of these claims were either unfounded or simply were not appropriate not to be taken to the TRA in the first place. A new online platform making it easier for members of the public to make referrals was introduced in 2022.
This surge in referrals has placed considerable strain on the TRA, resulting in delays in processing cases. Despite efforts to increase capacity and streamline operations, including a 34% increase in expenditure, the TRA is still unable to meet its 52-week target for conducting hearings. Currently, cases are taking an average of almost two years to conclude, which is a reduction from the previous year’s 113-week average but still far from ideal.
The impact on teachers being investigated and awaiting hearings cannot be overstated. Prolonged uncertainty can be immensely stressful, affecting their professional and personal lives. In supporting teachers through these processes at Edapt, we have first-hand experience of the devastating effect this can have on teachers’ mental health.
The new data released by the TRA reinforces the trend of a rise in parental complaints. One third of state secondary leaders in a Teacher Tapp poll described the number of parent complaints that their school receives as “unmanageable”. Earlier this year a TES investigation conducted in conjunction with the National Association of Headteachers found that 94% of school leaders had seen an increase in parental complaints over the last three years. A further 83% said there had also been a rise in the number of vexatious complaints over the same time period. Complaints from parents direct to Ofsted have also been on the rise with a 65% increase seen since 2019.
With the new government taking steps to reset the relationship with the education sector in its first few weeks of office, not least announcing a 5.5% pay increase, it will be interesting to see what steps it may take in the coming months to provide protection and support for teachers and school staff from these rising complaints. With recruitment and retention a key priority area, these figures from the TRA only serve to highlight the challenges that those working in the sector continue to face.
At Edapt, we provide vital support services to educators, including legal advice and representation, which are crucial in navigating these challenging situations. Our services are designed to help teachers feel supported and protected, ensuring they have access to the necessary resources to defend their professional reputation. We strongly encourage all educators to maintain an active subscription to Edapt or a similar union membership as a safeguard against such incidents.