Teaching Regulation Agency (TRA) – how are matters referred to the TRA?

Associate Solicitor, Martha Odysseos, considers how and when allegations of teacher misconduct are referred to the Teaching Regulation Agency (TRA). 

What do the Teaching Regulation Agency do? 

The Teaching Regulation Agency act on behalf of the Secretary of State for Education as the regulator of the teaching profession. The Education Act 2002 gives responsibility to the Secretary of State to regulate teacher misconduct and to hold a list of teachers who have been prohibited from teaching. 

The TRA regulates anyone who is undertaking teaching work (as defined in Regulation 3 of the Teachers’ Disciplinary (England) Regulations 2012) in schools, sixth-form colleges, relevant youth accommodation and children’s homes in England.  

The TRA investigates allegations of misconduct and decides whether matters should be referred to a professional conduct panel.  

When would a teacher be referred to the TRA? 

The TRA will only investigate matters of serious teacher misconduct. These could involve for example sexual misconduct, violent behaviour, and failure to protect the safety and wellbeing of pupils. 

Employers (including agencies) have a statutory duty to consider referrals of cases involving serious professional misconduct to the TRA. This includes where a teacher has been dismissed for serious misconduct or would have been dismissed had they not resigned.  

Employers are asked to make a judgment as to whether it is necessary to refer on the grounds that a prohibition order may be appropriate. If there is any doubt, it is expected that a referral will be made. It is also expected that a referral is made promptly following any concerns.  

The police, the Disclosure and Barring Service (DBS) and other regulators may also refer cases to the TRA.  

If the matter involves safeguarding concerns, the employers also have a legal duty to refer the matter to the DBS.   

Often there are simultaneous referrals in relation to one incident. This could mean that a teacher is ‘under investigation’ by the TRA, the DBS and even the police.  

Will a referral result in a prohibition order? 

The TRA will only make a prohibition order where there has been either 

• unacceptable professional conduct; 
• conduct that may bring the profession into disrepute or  
• a conviction, at any time of a ‘relevant offence’. 

What should I do if I have been referred to the TRA? 

If you have been referred to the TRA, you will be contacted by them to inform you. You should consider instructing a solicitor as soon as possible to assist you in the investigation stage. By instructing a solicitor important work can be undertaken at the start of the investigation to assist your case.  

Simultaneous Disclosure & Barring Service Investigations 

Many of our teacher clients also find that they face simultaneous proceedings with the Disclosure & Barring Service (DBS) who may consider whether to add the teacher to the Children’s Barred List preventing them from engaging in regulated activity with children. 

If the DBS are minded to include on the barred list then an individual will be given a period of eight weeks to submit representations that they ought not be included on the Barred List. Olliers have significant experience of successfully drafting and submitting persuasive representations on our clients’ behalf avoiding inclusion on the Barred List. 

Olliers Solicitors – specialist professional discipline lawyers 

Should you require assistance with any matter brought by the TRA, please contact our specialist professional disciplinary team to discuss how Olliers can assist. Please contact us by telephone on 0161 8341515, email us at info@olliers.com or complete the website enquiry form below.