Section outline

  • Referrals can also be made to the Teacher Regulation Agency; over the past few years there been a number of leaders and teachers who have been referred. This has a different enquiry process and does not involve the local authority in any way. 

    In order to support the increasing number of school leaders who have been affected by such referrals, guidance about what to expect in this case is outlined below.

    If you are made aware of any TRA referral that involves any current or former member of your school staff, please contact your School Improvement Manager and your HR adviser, for both professional support and personal guidance. 

    Concern raised with

    Detail and links

     

    Further information

    Teacher Referral Agency - TRA

    Teacher misconduct: referral form - GOV.UK

    Report Serious Teacher Misconduct:

     

    What counts as serious teacher misconduct

    Serious misconduct is any behaviour that could result in a teacher being subject to a prohibition from teaching. This includes:

    • sexual misconduct, including assault, abuse or harassment
    • violent behaviour
    • serious failure to protect the safety and wellbeing of pupils
    • alcohol or drug misuse
    • fraud or serious dishonesty
    • discrimination or harassment
    • promoting extreme political or religious views.

    The TRA will make a determination on whether to investigate cases referred to them and this may include teachers who are currently employed or those who have ceased working. In many circumstances you are statutorily required to report a teacher who you have dismissed or who has resigned in circumstances where they have been dismissed. If you are unsure, you should speak to your HR provider. 

     

    Important points for schools to note

    • Upon receipt of a referral, the TRA will make a determination on whether to investigate a matter. If they decide to do so, they will usually make direct contact with the individual who is the subject of the complaint. They will be asked for their response - there is usually a short deadline for this.
    • When it relates to staff within schools, the headteacher will normally receive a separate letter, asking for a view on the allegation.
    • The TRA practice of contacting individuals and schools directly is different to Ofsted who contact the LA, who can manage this process with schools - consequently we ask schools to inform their SIM if they are contacted. In cases that have involved HR support, you should notify the HR provider.
    • In cases that you have referred with support from your HR provider, you should also notify them that of TRA involvement. Schools should also ask their HR provider for guidance on supporting the individual where they remain in employment at the school.
    • Individuals should alert their union/professional association immediately and take their advice.
    • The TRA may make a decision to impose an interim prohibition order whilst they continue to investigate a case. In most instances, if this relates to a current member of staff, it would normally relate to a serious allegation and the  individual is already suspended from work. Your HR provider should be contacted if such an order is made.
    • The TRA will undertake their own investigation and may gather evidence that you have not previously seen - for example, the police may release more information to the TRA than provided for an employment hearing, or the TRA may gather information from previous workplaces of the individual. This is because the threshold they are considering for determining whether to restrict the individual from practising a profession is distinct from the threshold for an employment issue.