What Rights - Fitness to Practice

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Teaching Regulation Agency (“TRA”) hearing

Last week, as a pleasant change to the usual health and care matters we deal with, I represented a teacher at a final hearing in front of the TRA. Although we tend to focus on those health and care matters, we do have the expertise available to deal with teacher cases. In particular, one of my colleagues regularly presents cases on behalf of the TRA, and so we can examine cases closely from all sides.

The case concerned a teacher accused of breaching professional boundaries with students, and dishonesty and lack of integrity in relation to the alleged cover up of those breaches.

We persuaded the panel that there was no cover up and therefore no dishonesty/lack of integrity, but they did go onto find that my client was guilty of unacceptable professional misconduct (“UPC”) and conduct that may bring the teaching profession into disrepute. The panel having found those matters, we then turned our focus to the question of whether the teacher should be prohibited from teaching. Thankfully, the panel agreed that the misconduct wasn’t so serious, when viewed against the significant mitigating factors, and declined to recommend prohibition. The Secretary of State agreed with the recommendation and so my client is free to resume teaching again whenever they choose to do so.

This case reminded us that the principles of professional discipline apply across the various sectors, and that when dealing with TRA cases, as with health and social cases, an understanding of the key concepts is crucial.