Teacher misconduct hearings: what impact do delays have?

No teacher wants to end up at a teacher misconduct hearing. 

Being accused of serious misconduct in the classroom, navigating your school’s disciplinary procedures, your employment potentially being terminated and being invited to a Teaching Regulation Agency (TRA) hearing can be a life-shattering experience for any member of teaching staff.

What are teacher misconduct hearings?

The regulation of the teaching profession in England is managed by the TRA.

The TRA investigates cases of serious teacher misconduct and decides whether to refer a case to a professional conduct panel. The panel will then investigate whether to issue a prohibition order, (whether a teacher should be banned from the classroom).

They cover cases of serious misconduct. This is when a teacher’s behaviour:

• is fundamentally incompatible with being a teacher
• could lead to them being prohibited from teaching

The regulations don’t cover the cases of less serious misconduct, incompetence or under-performance.

Reported delays for TRA hearings to conclude

Earlier this year, Schools Week reported that teachers accused of misconduct waited 113 weeks on average for their cases to conclude – more than double the 52-week target. 

Two teachers have been waiting more than eight years for their misconduct cases to conclude, with the “shattering impact” of lengthy waits having “potentially devastating implications”.

Teachers waiting years for TRA outcomes

Source: DfE

One teacher – who wasn’t issued with a prohibition order – told Schools Week they were left in “limbo” for years and suffered “psychological damage”.

Another lived “with the fear of public humiliation” for more than two years while waiting for their case to be dropped through lack of evidence.

What impact does it have on teachers and schools?

At Edapt, we support hundreds of school staff each year through disciplinary proceedings. We also support our subscribers at TRA hearings and in Wales, EWC hearings.

We have worked on cases where school staff have been suspended from their roles for over three years, either waiting for internal school procedures to be completed or waiting to be called to TRA hearings. As well as the public cost to the taxpayer, with some members of staff receiving full-pay while suspended, disruption in schools with staffing and time taken to complete lengthy investigation and compiling of reports, there is the real human impact as well.

The mental health and well-being impact is significant, especially if cases are mismanaged and delayed. Many schools and trusts do provide school assistance packages, but some members of staff may be wary to use internal staff-wellbeing support, especially when going through a disciplinary investigation.

As former teachers, we know that accessing health support can be difficult. Our Wellbeing Support is available 24/7 365 days a year to fit around your schedule. This is totally independent of your employer.

If you are an Edapt subscriber, you can access our 24/7 Wellbeing Support (via your account area) designed to provide a safe and confidential space to discuss any concerns you may have, whether they relate to your professional life or personal challenges.

We have partnered with Spectrum Life whose team of mental health professionals have years of experience working specifically with those in teaching and are handpicked for their expertise and dedication. They are here to provide you with the highest standard of care, tailored to the unique challenges you may face as teachers and school staff.

Overall, we have seen there are definitely efficiencies in how disciplinary proceedings can be improved by schools and trusts. There are often very real reasons for delays, such as members of staff being absent, governors out-of-their depth and delays with subject access requests and more. However, we should never forget that individuals and their livelihoods are being placed under intense pressure and more efficient and timely resolutions could solve that.