Regulatory Law
Teachers

We handle cases where teachers are being investigated by the Teaching Regulation Agency (TRA) in England and the Education Workforce Council (EWC) in Wales.

The Regulatory Process (England)

In England, teachers are regulated directly by the Secretary of State for Education under sections 141A–141E of the Education Act 2002 and the Teachers’ Disciplinary (England) Regulations 2012, as amended. This function is carried out through the Teaching Regulation Agency (TRA), which acts on the Secretary of State’s behalf in considering allegations of serious teacher misconduct. The former National College for Teaching and Leadership (NCTL) no longer exists, having been replaced by the TRA in 2018. Prior to that, teacher regulation had been overseen by the General Teaching Council for England (GTCE), until its abolition on 1 April 2012.

Where an allegation of serious misconduct is made against a teacher in England, the TRA will first assess whether the matter falls within its jurisdiction and whether there is sufficient evidence to justify progressing the case. If so, the matter may be referred to an independent professional conduct panel, which considers the evidence, hears representations and determines whether the facts are proved on the balance of probabilities and whether the conduct amounts to unacceptable professional conduct, conduct that may bring the profession into disrepute, or a conviction of a relevant criminal offence. At the hearing, the teacher is entitled to attend, be represented, make submissions, call witnesses and present evidence in their defence.

If misconduct is established, the panel makes a recommendation to the Secretary of State, who makes the final decision, through an authorised TRA decision maker, on whether to impose a prohibition order. In particularly serious cases, an interim prohibition order may also be imposed while the investigation or proceedings continue. A prohibition order prevents the teacher from carrying out teaching work in schools, sixth-form colleges, 16-to-19 academies, relevant youth accommodation and children’s homes in England. Such orders apply indefinitely, although in some cases the teacher may be permitted to apply for the order to be set aside after a specified review period of at least two years. Removal of a prohibition order is not automatic and depends upon the outcome of the review process.

The Children’s Wellbeing and Schools Act 2026 provides for the extension of the teacher misconduct regime to further education colleges, special post-16 institutions, independent training providers, certain online education providers and independent educational institutions that are not schools. The reforms will also enable the Secretary of State to investigate relevant misconduct regardless of whether it occurred during teaching employment or in an educational setting. These additional provisions are subject to commencement.

A teacher may appeal against a prohibition order to the High Court within 28 days of the date on which notice of the order was served. The appeal must be made directly to the High Court rather than to the TRA or the Secretary of State. Other decisions may be challenged by judicial review where the relevant legal grounds are established.

The Regulatory Process (Wales)

In Wales, teachers are regulated by the Education Workforce Council (EWC), which is the statutory regulator for teachers and other education professionals under the Education (Wales) Act 2014. The EWC took over these regulatory functions from the General Teaching Council for Wales (GTCW) on 1 April 2015 and is responsible for maintaining the Register of Education Practitioners and dealing with allegations relating to fitness to practise.

Where an allegation is made against a teacher in Wales, the EWC will first assess whether there is sufficient evidence to justify formal investigation. If the matter proceeds, it may be referred to the Investigating Committee, which determines whether there is a case to answer. If so, the case is referred to the Fitness to Practise Committee for determination, either at a formal hearing or, where appropriate, through voluntary disciplinary procedures, including voluntary reprimand or voluntary prohibition where the relevant conditions are satisfied. At a hearing, the teacher is entitled to attend, be represented, make submissions, call witnesses and present evidence in their defence.

If the allegations are proved on the balance of probabilities, the Fitness to Practise Committee will determine whether the teacher’s conduct amounts to unacceptable professional conduct, serious professional incompetence or a relevant criminal offence. Where disciplinary action is appropriate, the Committee may impose a reprimand lasting two years, a conditional registration order, a suspension order for up to two years, or a prohibition order. A prohibition order removes the teacher from the register indefinitely, although the Committee will specify a minimum period of at least two years before an application for eligibility for restoration may be considered. Restoration is not automatic and depends upon the teacher satisfying the relevant requirements for readmission to the register.

Where necessary to protect learners or the public while disciplinary proceedings are ongoing, the EWC may also impose an interim suspension order, subject to the applicable statutory requirements and review procedures. Such orders may remain in force for up to 18 months.

Teachers may appeal against disciplinary orders imposed by the Fitness to Practise Committee to the High Court within 28 days of the relevant decision being served.

Internal Disciplinary Proceedings

We also assist and represent teachers where they are the subject of internal disciplinary proceedings by their employer.

What To Do If Regulatory Proceedings Are Commenced Against You

Should internal disciplinary proceedings, Teaching Regulation Agency (TRA) proceedings, or Education Workforce Council (EWC) regulatory proceedings be commenced against you, then please either telephone us on 0333 301 0700, or complete our questionnaire.