The Secretary of State for Education is responsible for regulation of all teachers in all schools, including independent schools and sixth form colleges, youth custody settings and children’s homes, in England. The National College for Teaching and Leadership (NCTL) operates the regulatory arrangements on behalf of the Secretary of State.
Regulation by the Secretary of State (through the NCTL) covers cases of serious misconduct, it doesn’t cover cases of incompetence or underperformance, or less serious cases of misconduct that are unlikely to lead to a prohibition order; these should be dealt with by headteachers and governing bodies.
We offer a specialist professional regulatory service to all teachers in England.
The investigation process
1. The NCTL first investigates to see if there is a case to answer. It may refer the case to another authority (such as the Disclosure and Barring service or the regulator in another jurisdiction) or issue an interim prohibition order to prevent the teacher from teaching while the case is considered.
2. The NCTL will investigate and then decide whether to refer to a Professional Conduct panel.
3. The Professional Conduct panel will then review the evidence and decide whether the teacher should receive a prohibition order.
At any stage, you may be subject to an interim prohibition order while the appropriate investigations are conducted.
How we can help
There is comprehensive information in our Employment pages on the support we can offer for any workplace situation, including:
- Whistleblowing (protected disclosures)
- NCTL Investigation Committee Hearings
- Investigation by your employer
- NCTL Professional Conduct Panel Hearings
- Investigation by the NCTL
- High Court appeals of NCTL hearing decisions
- Employment Tribunal Litigation
- High Court Injunctions
- High Court Judicial Reviews
- Induction Appeals by Newly Qualified Teachers (NQTs) to the Appeal Committee
- Disclosure & Barring Service representations
If you have been suspended or are under investigation, please contact us as a matter of urgency. It is much better to get advice at this stage, rather than risking the potential consequences for your career if the matter goes further. Anything that calls into question your suitability to be a teacher can have far-reaching consequences.
As a member of a regulated profession, we are fully aware that any investigation or disciplinary process is very stressful, as it will usually go to the heart of your professional practice.
We can support you throughout this process, with pragmatic, considered advice. Should a Professional Conduct decision go against you, you may be able to appeal any sanctions or prohibition. You will need to act quickly to appeal within 28 days of any prohibition order. We can advise you on the likelihood of success at appeal and can represent you robustly in proceedings in the High Court or Court of Session.
Professional Regulatory Contact
For more information on our Professional Regulatory services, please contact Riz Majid – Head of Employment – +44 (0) 20 7429 3906