Guidance

Teacher misconduct hearings: information for observers

Updated 28 January 2022

Overview

Members of the public and the press can observe teacher misconduct hearings, set aside hearings, and induction appeal hearings.

If you wish to observe a hearing you will need to check the list of forthcoming hearings and register your attendance in advance of the hearing.

People attending the hearing

The panel

There will be 3 people on the panel. One of these will be the panel chair. The chair will direct and manage the hearing.

Presenting officer

This is a lawyer, appointed by TRA, to prepare and present the case.

Legal adviser

This is a lawyer, independent of TRA, who gives advice to the panel about the law and TRA procedures.

The legal adviser is not involved in the decision-making process.

Teacher

This is the person who is subject to the allegations. They may or may not choose to attend a hearing.

Teacher’s representative

A teacher may appoint a representative to present a case on their behalf. This person may be their lawyer, a union official or a friend.

Witnesses

TRA staff

Members of the public and press

Location of hearings

Hearings can be held either virtually (online) or in person.

Virtual hearing

You can access a virtual hearing by joining the hearing remotely. We will provide you with further guidance on how to access the virtual hearing once your place has been confirmed.

In-person hearing

You can access an in-person hearing by joining the hearing remotely or by attending our office in Coventry:

How to get to the TRA office in Coventry.

Please notify us on 020 7593 5393 if you have any special requirements relating to a disability which might hinder your access to, or participation as an observer in, the hearing. We will make arrangements as appropriate. For example, there is an induction loop facility to assist those who are hearing impaired.

Duration of the hearing

When we confirm your place at the hearing, we will let you know the:

• start times
• number of days a hearing has been scheduled for

If, there is a need to reconvene, following the scheduled dates of the hearing, another date will be decided, and appropriate notice will be given to all the parties and published on GOV.UK. You will need to check GOV.UK for any further scheduled dates.

Arriving at and leaving the hearing

Virtual hearing

We will let you know the start time of the hearing when we confirm your place.

Please check your connection prior to the start time.

The hearing will start promptly. If you are late, you will remain in the virtual waiting room until there is an appropriate place in the hearing to admit you.

You do not have to stay for the duration of the hearing.

You must not audio or video record, screenshot, photograph, copy or share any part of the hearing.

The hearing will often be stressful for the teacher and witnesses. Please mute your microphone before joining and remain on mute throughout the hearing to avoid causing any additional distress.

You must at all times abide by the rulings and directions made by the chair of the professional conduct panel. For example, if the panel decides that part of the hearing should be held in private, this must be respected.

In-person hearing

We will let you know the start time of the hearing when we confirm your place. Please arrive 15 minutes before the start time.

You will need to bring photographic ID and the QR code issued to you by TRA.

On arrival at our office please report to the reception desk. You will be asked to present your ID and QR code to sign in and then shown to a waiting room. The location of the hearing room will be explained to you.

You do not have to stay for the duration of the hearing.

You must not audio or video record, screenshot, photograph, copy or share any part of the hearing. There is no photography or recording whatsoever on DfE premises, you may not bring cameras or other recording equipment into the hearing suite and we may refuse entry into the hearings area if you have any of these items.

The press will not be able to interview those taking part in a hearing on DfE premises. Any arrangement made to do so elsewhere is a matter for the parties involved.

You must, at all times, abide by the rulings and directions made by the chair of the professional conduct panel. For example, if the panel decides that part of the hearing should be held in private, this must be respected.

The hearing will often be stressful for the teacher and witnesses. Please remain silent throughout the hearing to avoid causing any additional distress. If it is necessary for you to leave or enter the hearings room at any point during proceedings, please do so quietly and at an appropriate time.

We do not provide refreshments for observers. There are amenities inside and close to the hearing venue where drinks, sandwiches and light meals can be bought. The chair of the panel will adjourn the hearing at convenient points in the proceedings for a lunch break and for other comfort breaks.

You can request access to our Wifi.

Please note:

• we will be recording the proceedings
• at no time should observers interject or engage in a discussion during the hearing
• the use of mobile telephones during the hearing is prohibited
• you are asked to remain in the waiting area when the hearing is not in session

After the hearing

Hearing outcomes are published as soon as possible after a decision is made. Observers will not be informed in any other way.

TRA or the DfE Press Office will not elaborate on specific case detail of a hearing other than to reiterate what is posted on the website.

We will be happy to assist with any other enquiries or requirements for individuals attending hearings:

• members of the public please contact the TRA on 020 7593 5393
• members of the press please contact DfE Press Office on 020 7783 8300

Outline running order for hearings

1. Opening of the hearing by the chair and confirmation of attendees

The chair introduces themselves and the other members of the professional conduct panel hearing the case and explains the arrangements and procedure for the hearing.

The chair asks the teacher, their representative and the presenting officer to confirm their identity.

The chair then asks the parties to confirm the names and occupations of any witnesses they intend to call. The teacher or their representative is also asked to confirm whether the teacher will be giving evidence.

2. Public or private hearing

The professional conduct panel may decide, at any time, to deliberate or hold any part of the proceedings in private if there are reasonable grounds to do so, for example to protect the interests of children or vulnerable witnesses.

3. Documents The chair confirms that all the papers in the hearing bundle are correct and that everyone has sight of a full set of papers. If either party has new documents to present to the panel, their admission is considered at this point.

4. Allegation and opportunity for teacher to make admissions

The chair or legal adviser reads out the allegation.

The chair then asks whether the teacher admits the facts of the allegation and, if so, whether the teacher admits that it amounts to unacceptable professional conduct, conduct that may bring the profession into disrepute or that they have been convicted, at any time, of a relevant offence, as appropriate.

The chair invites the presenting officer to either:

• read out any agreed statement of facts (where facts admitted)
• make an opening statement (where facts disputed)

5. Presenting officer presents evidence and witnesses

The chair invites the presenting officer to present their evidence (including evidence presented through witnesses). If witnesses are called, the chair asks them to affirm the truth of their evidence or swear an oath appropriate to their faith or religion. Witness statements are normally taken as read, though the panel may direct them to be read aloud. The presenting officer may then question their witnesses.

6. Allow teacher or representative to question

The chair informs the teacher or their representative that they now have the opportunity to ask the witnesses any questions, or put an alternative version of events to the witnesses where the teacher disagrees with what the witnesses have said.

7. Questioning by members of the panel

Members of the panel may then ask the witnesses questions.

8. Re-questioning by presenting officer

The chair may, exceptionally, allow the presenting officer to re-question their witnesses on new areas raised by the teacher’s, representative’s or panel’s questions only.

9. Witnesses called by the teacher or representative

The chair introduces the panel to each witness and asks them to affirm the truth of their evidence or swear an oath appropriate to their faith or religion. The witness’ statement will normally be taken as read but there may be circumstances where the panel ask the witness to read it. The teacher or representative is allowed additional questioning if necessary. The presenting officer is then allowed to question the witness or teacher, followed by the chair and panel members.

Exceptionally, the chair allows the teacher or representative to re-question their witnesses on new areas raised.

10. Release of witnesses

The chair considers whether the witness can be released or whether they may need to be recalled. The parties may be asked whether they have a view about this.

11. Panel may request summings-up

The chair may invite both parties, beginning with the presenting officer, to make closing statements summing-up their case. The chair reminds the parties that new evidence should not be introduced at this stage.

12. Conclusion and decision

The chair asks the parties to return to their respective rooms whilst they adjourn (in private) to consider whether they conclude that the facts of the case are proven and, if so, whether this amounts to unacceptable professional conduct, conduct that may bring the profession into disrepute or conviction of a relevant offence. If the panel is satisfied on these points, it will ask the teacher or teacher’s representative whether they wish to offer any mitigation, including that not previously mentioned, that would be relevant to a decision on whether to impose a prohibition order. All parties are then dismissed as the panel then decides in private whether to recommend to the Secretary of State that a prohibition order is appropriate. The Secretary of State’s decision is always made public.