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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.
This advice will be reviewed annually.
This advice is for:
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.
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:
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Sets out the process for dealing with a case where a teacher has been referred to the National College for Teaching and Leadership for serious misconduct.
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Information on referring allegations of serious misconduct against a teacher to the National College for Teaching and Leadership.