About this departmental advice

This advice sets out information for witnesses who may be part of the hearing process in a teacher misconduct case. The National College for Teaching and Leadership, an executive agency of the Department, operates as the regulator of the teaching profession on behalf of the Secretary of State.

The National College for Teaching and Leadership only becomes involved in the most serious cases of teacher misconduct, in order to make a decision about whether the teacher should be prohibited from teaching. Less serious cases of misconduct and all cases of incompetence should be dealt with locally.

Expiry/review date

This advice will be reviewed annually.

Who is this advice for?

This advice is for witnesses to misconduct

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

Where an allegation against a teacher is referred to the National College for Teaching and Leadership, the agency will consider whether the teacher:

  • may be guilty of unacceptable professional conduct;
  • may be guilty of conduct that may bring the profession into disrepute; or
  • may have been convicted, at any time, of a relevant offence.

If the National College for Teaching and Leadership decides that one or more of these applies, and that a prohibition order may be appropriate, it will begin an investigation.

If the investigation suggests that there is a case for the teacher to answer, the National College for Teaching and Leadership will refer the case to a professional conduct panel. In certain circumstances, where the teacher agrees the facts of the case, the case may be considered without a hearing. Otherwise, a panel hearing will be convened.