Guidance over alleged misconduct

Hotline advice expressed here, and in calls to us, is made in good faith to our members. Schools and colleges should always take formal HR or legal advice from their indemnified provider before acting.


ASCL members concerned about leadership issues should call the Hotline on 0116 299 1122 or email
Q: I am a deputy head and I have received a letter from the Teaching Regulation Agency (TRA) on behalf of the Secretary of State for Education. The letter explains that I have been referred to the TRA due to alleged misconduct and a law firm is investigating. I have not been told what the alleged misconduct in question is. Can you please provide some guidance?

A: The TRA is an executive agency of the DfE that regulates the teaching profession on behalf of the Secretary of State, who has the power to prohibit teachers. The TRA decides the appropriate action following receipt of allegations of teacher misconduct, which may be referred to them by employers (current or former), external agencies or members of the public.

Where the TRA determines that allegations may result in a prohibition, a law firm is appointed to investigate. The teacher will receive detailed allegations and will be invited to respond, usually within four weeks. After the teacher has been given the opportunity to respond, the TRA will convene a determination meeting to decide whether the case can be concluded without further action or if a public hearing is necessary.

Members are urged to contact the ASCL Hotline immediately if they are referred. ASCL’s experienced lawyers advise and represent members in professional disciplinary proceedings before their regulator.