Teachers

Legal representation for teachers Leeds

Employment Solicitors Leeds offer specialist representation in any case within the teaching profession, under investigation by either:

  • The National College for Teaching and Leadership (NCTL)

The Education Workforce Council (EWC)

The Regulatory Process

England

The Secretary of State for Education regulates all teachers in England, with the National College for Teaching and Leadership (NCTL) carrying out this operation on their behalf.

The General Teaching Council for England (GTCE) managed the regulation of teachers up until April 2012.

In accordance with the Teachers’ Disciplinary (England) Regulations 2012,the GTCEwas replaced by the Teaching Agency (TA),who took over each of the corresponding roles and responsibilities.

The Teaching Agency merged with the National College for School Leadership, forming the National College for Teaching and Leadership (NCTL).

The National College for Teaching and Leadership currently handle the regulatory processfor teachers in England.

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The NCTL disciplinary process

Investigation

Wherever a claim is raised, an investigation will be made to examine and assess its status. An interim prohibition order will prevent the accused staff member from continuing to teach if the claim isn’t deemed to be of serious enough nature.

The accused staff member will have 28 days to supply evidence of their defence, once a formal investigation has been carried out.

If, in accordance with all facts, the case is judged to be valid by the National College for Teaching and Leadership, it will then be referred to the Professional Conduct Panel for a hearing.

Hearing

3 members, inclusive of professional and lay members, will make up the Professional Conduct Panel. Evidence may also be provided by any witnesses called to attend the hearing.

Decision

In regard to the case and the accused member of staff, a decision will be reached by the panel on the balance of probabilities. The result will dictate the recommendation of a prohibition order to the Secretary of State, and if agreed, the accused will be added to a prohibition list and no longer allowed to teach.

Appeal

Appeals against the prohibition order can be made by the teacher to the High Court. Appeals must be made within 28 days of the order being served.

Reviews

After a period of 2 years, and if the prohibition order is suitable for review, the subject of the prohibition order may apply to reverse the order. This is dependent on the term of the order.

Wales

Up until 2015, the General Teaching Council for Wales (GTCW) carried out the regulation of teachers—they were then replaced under the rules of the Education (Wales) Act in 2014 by the Education Workforce Council (EWC).

The EWC disciplinary process

Investigation

If the Education Workforce Council decides that there is adequate evidence to carry out a full formal investigation, they will refer the matter to the investigation committee.

Appropriate cases will be referred to the Fitness to Practice Committee, where they will hold a formal hearing or manage the situation themselves by offering the option of voluntary prohibition or voluntary reprimand.

Hearing

The Fitness to Practice Committee will be presented evidence by the accused and any witnesses if necessary, to outline their defence.

Decision

On balance of probabilities, a decision will be determined. The committee will then sanction:

  • A reprimand
  • A conditional registration order
  • A suspension order
  • A prohibition order

A 2-year term must pass before a teacher sanctioned by a prohibition order can re-apply to register to teach again.

Appeal

Any appeal against the prohibition order must be made within 28 days of when the order was served.

Internal disciplinary proceedings

We also represent teachers involved in cases where their employer or line manager has brought internal disciplinary proceedings against them.

Representation for teachers in cases of regulatory proceedings

If you are subject to proceedings carried out by the National College for Teaching and Leadership or the Education Workforce Council regarding your position as a teacher, please contact us on 0113 4334 118, or complete the form on our enquiry page. One of our dedicated team will contact you as soon as possible to discuss your case, possible outcomes and your options.

Our Team

Louise Carr

Louise Carr

Our team is headed up by Louise Carr who had specialised in employment law for more than 15 years. She regularly appears in the employment tribunal and has been particularly involved in dealing with complex multi-day discrimination claims.

Craig McCracken

Craig McCracken

Craig McCracken is a Director in our employment team who also specialises in employment law with over 14 years’ experience in dealing with both contentious and non-contentious matters.In the most recent Legal 500 clients described Louise as being “accessible and down to earth” providing “clear and concise advice…in an exceptionally personable way”. Craig was described as “very knowledgeable and approachable” giving “sound advice”.