About this guidance

This advice sets out the procedures for the regulatory system, relating to teacher misconduct, in operation from 1 April 2012. The system is operated by the National College for Teaching and Leadership, an executive agency of the Department, on behalf of the Secretary of State.

Expiry/review date

This advice will be reviewed annually.

Who is this advice for?

This advice is for:

  • teachers;
  • hearing witnesses;
  • employers;
  • supply agencies;
  • members of the public; and
  • other relevant organisations.

The regulatory arrangements discussed in this advice apply to anyone undertaking teaching work in all schools, including independent schools and sixth-form colleges, youth custody settings and children’s homes, in England.

Key points

The National College for Teaching and Leadership may become aware of a possible case of serious misconduct by a teacher from a number of sources. If a teacher has been dismissed for serious misconduct, or would have been dismissed for that reason if they had not resigned, the employer must consider whether to refer the case to the Secretary of State.

Referrals may also be made by the police, the Independent Safeguarding Authority, other regulators or members of the public. Before a referral is made by a member of the public, all local procedures for complaint resolution should have been exhausted.

Where the allegation is of particularly serious misconduct, the National College for Teaching and Leadership will make an initial assessment of whether to consider that an interim prohibition order prior to the investigation and hearing being completed would be in the public interest. The assessment will determine whether the nature and severity of the allegation and the evidence suggest that, if the person were to continue teaching, either:

  • children’s welfare and/or education may be seriously threatened; or
  • parents or other school staff may be seriously at risk.