Teacher serious misconduct in England

The following Local Government practice note provides comprehensive and up to date legal information covering:

  • Teacher serious misconduct in England
  • Disciplinary proceedings
  • Who can make a referral?
  • Who can be investigated?
  • How does the investigation begin?
  • Professional Conduct Panel (PCP)
  • Have the facts of the case been proved?
  • What is unacceptable professional conduct?
  • What is conduct that may bring the profession into disrepute?
  • What is considered a conviction at any time of a relevant offence?
  • More...

Teacher serious misconduct in England

Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, ss 37–38, Sch 16 Pt 1–Sch 16 Pt 3, Sch 17 Pt 1–Sch 17 Pt 3, among other measures, make provision to require temporary closure of educational institutions and to make temporary continuity directions relation to childcare, education and training by way of statutory instruments and/or guidance. For further information as to the current impact on this content, see: Coronavirus (COVID-19)—education tracker.

Disciplinary proceedings

Sections 141B–141H of the Education Act 2002 (EA 2002) (inserted by the Education Act 2011) gives the Secretary of State the power to investigate any case where an allegation is referred to them that a teacher:

  1. may be guilty of unacceptable professional conduct

  2. may be guilty of conduct that might bring the teaching profession into disrepute, or

  3. has been convicted (at any time) of a relevant offence

These powers relate to serious professional misconduct ie where the teacher’s behaviour is fundamentally incompatible with being a teacher. Less serious misconduct, such as incompetence or under-performance, should be dealt with by a teacher’s employer in accordance with appraisal and capability regulations and the contract of employment. See Practice Notes: Teachers and staff in maintained schools and further education and Teachers and other staff at an academy or free school.

Once investigated, the Secretary

Popular documents