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, and 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 The former National College for Teaching and Leadership (NCTL) no longer exists, having been replaced by the TRA in 2018.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 a professional conduct panel, which considers the evidence, hears representations, and determines whether the facts are proved and whether the conduct amounts to unacceptable professional conduct, conduct that may bring the profession into disrepute, or a relevant conviction. If misconduct is established, the panel makes a recommendation to the Secretary of State, who makes the final decision on whether to impose a prohibition order. A prohibition order prevents the teacher from carrying out teaching work in schools, sixth form colleges, relevant youth accommodation and children’s homes in England, either indefinitely or for a specified minimum period, after which the teacher may apply for the order to be reviewed. Decisions may be challenged by way of judicial review, and in some cases there is also a right of appeal to the High Court depending on the statutory basis of the decision.

​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 agreed disposal procedures. At a hearing, the teacher is entitled to make representations, call witnesses and submit evidence in their defence. If the allegations are proved on the balance of probabilities, the Committee may impose sanctions including a reprimand, conditions on registration, suspension, or a prohibition order. Teachers may appeal against a prohibition order or other sanction to the High Court, generally within 28 days of the 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.