Teaching Regulation Agency Professional Conduct Panel – Teacher Panellist and Lay Panellist x150

Under the Education Act 2002, as amended by the Education Act 2011, the Secretary of State for Education has responsibility to regulate teachers’ conduct and to hold a list of teachers who have been prohibited from teaching. The Teaching Regulation Agency (TRA) operates the regulatory system on her behalf and within the framework provided under the Teachers’ Disciplinary (England) Regulations 2012 and the Teachers’ Disciplinary (Amendment) (England) Regulations 2014. The purpose of this arrangement is to protect pupils, maintain public confidence in the teaching profession and uphold high standards of teacher conduct.

To carry out this function, teacher and lay panellists are appointed by the Secretary of State to sit on Professional Conduct Panels (panels). Every panel must be convened with at least three people (including a panel Chair). One person must be a serving or recently served teacher (teacher panellist) and one person must not have worked or been engaged as a teacher (lay panellist). There are no conditions set for the other member of the panel, the third person could either be a teacher or lay panellist. The panels are convened to hear and consider only the most serious allegations of misconduct against teachers, to make findings of fact and then to determine whether a recommendation for prohibition should be made to the Secretary of State. Panels will be supported by an independent legal adviser, providing procedural and legal advice. Final decisions as to whether to issue a prohibition order are taken by a senior TRA official acting on behalf of the Secretary of State.

Panels are normally held in public, unless otherwise agreed and panel findings and TRA decisions are published as set out in regulations.

Professional conduct panellists have three main duties and functions.

Firstly, to consider the evidence presented to the panel and reach a decision about whether the facts in the case are proved and whether this amounts to unacceptable professional conduct, conduct that brings the profession into disrepute and/or conviction of a relevant offence. The panel will then be required to consider whether to recommend to the Secretary of State that the teacher should be prohibited from teaching and, if so, whether it is appropriate to permit the teacher to have the prohibition order reviewed after a minimum period of at least two years. Panellists will also be involved in Case Management Hearings where they will consider applications from parties and provide case management directions.

Secondly, to consider whether a teacher, who has previously been prohibited from teaching by the Secretary of State, should have their prohibition set aside and make appropriate recommendations to the Secretary of State.

Thirdly, to consider appeals from teachers who have been formally notified by an appropriate body that they have failed to complete their teacher induction period satisfactorily or that their induction appeal has been extended. The panel will then make a recommendation to the Secretary of State, under the Education (Induction Arrangements for School Teachers) (England) Regulations 2012.

Each professional conduct panel will be chaired by a panellist, who is supported by the independent legal adviser. TRA determine who will act as Chair prior to the hearing and notify all parties in advance.

As a panellist you will need to show that you are able to:

• identify key issues, assimilate information, and manage complex material
• use information in a fair, thorough, and balanced way to arrive at well judged, and reasoned decisions
• exercise discretion effectively, to work within a statutory framework and understand legal and procedural issues
• facilitate decision-making in a timely manner whilst encouraging active participation and collaboration among all parties
• generate the trust, confidence and respect of others and deal impartially with all matters raised during professional conduct panel hearings and
• have an awareness of, and commitment to, equal treatment and diversity

• relate well to others, generate trust and confidence and show respect to all parties involved in a high-profile activity
• remain even-tempered and courteous at all times
• express yourself clearly and succinctly in relation to difficult and complex issues so that there is no ambiguity and others readily understand their meaning
• behave in a fair, balanced and non-discriminatory manner which recognises difference and diversity
• maintain firm and effective control and manage unexpected events effectively in a formal setting, for example, at a disciplinary, judicial or HR investigation, or for teachers, handling serious teacher misconduct associated with examination malpractice