Consultation: changes to ‘Teacher misconduct: the prohibition of teachers’ advice - Kuits Solicitors Manchester
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Consultation: changes to ‘Teacher misconduct: the prohibition of teachers’ advice

Consultation: changes to ‘Teacher misconduct: the prohibition of teachers’ advice

25th October 2021 - Published by Kuits Employment team

The Department for Education recently carried out a consultation seeking views on proposed revisions to the current version of the ‘Teacher misconduct: the prohibition of teachers’ advice, which has not been updated in six years.

This advice is vital in providing the factors a professional conduct panel should consider when deciding whether to recommend a prohibition order on a teacher. A prohibition order means that a teacher is not allowed to undertake unsupervised teaching work in schools or other settings and is consequently career ending.

The consultation ran from 25 August 2021 and closed on 19 October 2021.

We highlight some of the key proposals below, which were subject to consultation:

  • Updating the introduction to set out new text clarifying the status of the advice and to provide a more comprehensive list of who the advice is for
  • New text to provide more detail on the role of the Disclosure and Barring Service (“DBS”)
  • Changes to advice relating to definitions of prohibition order and interim prohibition order (“IPO”)
  • Revising ‘Panel decision-making criteria’ to update the list of relevant offence types and behaviours likely to be incompatible with being a teacher. Further proposals seek to clarify what information panels will consider as part of the decision-making process, including mitigation presented by teachers
  • Introducing new sections relating to panel recommendations on prohibition and any reviews following an order being made
  • Section 8 ‘Decisions on prohibition’ will be split into two parts: “Decisions on prohibition” and “Application for a prohibition order to be reviewed and set aside”
  • Removing the paragraph on appeals given the Court has a range of options
  • A new annex clarifying the types of work an IPO prevents a person from carrying out until their case is concluded, in addition to clarifying timescales

We are expecting the Department for Education to publish a response to the consultation in Spring 2022. We will provide a summary of the response as soon as it is made public.

Get in touch with an Employment law specialist today

If you would like further advice on Teaching Regulation Authority matters and teacher misconduct, then please contact Partner Kevin McKenna in our Employment Law team on 0161 838 7851 or email kevinmckenna@kuits.com.

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