2012 No. 560
The Teachers’ Disciplinary (England) Regulations 2012
Made
Laid before Parliament
Coming into force
The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by sections 141A(2), 141D(3), 141E(3) and 210(7) of, and Schedule 11A to, the Education Act 20021.
Citation and commencement1
These Regulations may be cited as the Teachers’ Disciplinary (England) Regulations 2012 and come into force on 1st April 2012.
Interpretation2
In these Regulations—
“professional conduct panel” means a panel appointed by the Secretary of State in accordance with regulation 6;
“teacher” means a person who is employed or engaged to carry out teaching work at—
“the prohibited list” means the list maintained by the Secretary of State under section 141C (1) of the Education Act 20027.
Teaching work3
1
Subject to paragraph (3), each of the following activities is teaching work for the purposes of these Regulations—
a
planning and preparing lessons and courses for pupils8;
b
delivering lessons to pupils;
c
assessing the development, progress and attainment of pupils; and
d
reporting on the development, progress and attainment of pupils.
2
In paragraph (1)(b) “delivering” includes delivering lessons through distance learning or computer aided techniques.
3
The activities specified in paragraph (1) are not teaching work for the purposes of these Regulations if the person carrying out the activity does so (other than for the purposes of induction) subject to the direction and supervision of a qualified teacher9 or other person nominated by the head teacher to provide such direction and supervision.
Teachers’ standards4
Any decision made under these Regulations may take into account any failure by a teacher to comply with the personal and professional conduct standards set out in part two of “Teachers’ Standards” published by the Secretary of State in July 201110.
Consideration of cases5
1
This paragraph applies where the Secretary of State considers that a teacher—
a
may be guilty of unacceptable professional conduct or conduct that may bring the teaching profession into disrepute; or
b
has been convicted (at any time) of a relevant offence11.
2
Where paragraph (1) applies the Secretary of State must—
a
inform the teacher of the allegation that has been made against the teacher; and
b
give the teacher an opportunity to—
i
submit evidence and make representations in writing; and
ii
comment on any other relevant evidence.
3
The Secretary of State may require any person to produce documents or other material evidence for the purposes of making the decision referred to in paragraph (4).
4
The Secretary of State must consider all relevant evidence, representations and comments and decide whether the case should be—
a
discontinued; or
b
considered by a professional conduct panel,
and must inform the teacher of such decision.
5
Where the Secretary of State decides that the case should be discontinued, the Secretary of State must at the request of the teacher publish a statement to that effect.
Appointment and membership of a professional conduct panel6
1
Where the Secretary of State decides under regulation 5(4) that a case should be considered by a professional conduct panel, the Secretary of State must appoint such a panel in accordance with paragraph (2) to consider the case.
2
A professional conduct panel must include at least three persons, comprising—
a
one or more teachers or persons who have been teachers in the past five years; and
b
one or more other persons.
Proceedings of a professional conduct panel7
1
A professional conduct panel must consider cases referred to it by the Secretary of State in accordance with paragraphs (2) to (5) and regulations 9 to 11.
2
Subject to paragraph (3), a professional conduct panel must determine all cases following a hearing.
3
A professional conduct panel may determine a case without a hearing at the written request of the teacher who is the subject of the case.
4
Where the professional conduct panel does not find the case proved, the Secretary of State must at the request of the teacher publish a statement to that effect.
5
Where a professional conduct panel finds the teacher —
a
to have been guilty of unacceptable professional conduct or conduct that may bring the teaching profession into disrepute; or
b
to have been convicted (at any time) of a relevant offence,
the panel must make a recommendation to the Secretary of State as to whether a prohibition order should be made.
Decision of the Secretary of State8
1
The Secretary of State must consider any recommendation made by a professional conduct panel before deciding whether to make a prohibition order.
2
Where the Secretary of State decides to make a prohibition order, the Secretary of State must decide—
a
whether an application may be made for a review of the order under regulation 16; and
b
if the Secretary of State decides such an application may be made, the minimum period before the end of which no such application may be made.
3
The minimum period under paragraph (2) must not be less than two years from the date on which the prohibition order takes effect.
4
Where the Secretary of State decides not to make a prohibition order, the Secretary of State must notify the teacher in writing of the decision, giving reasons for the decision.
5
The decision of the Secretary of State following the determination of a professional conduct panel must be published.
Entitlement to appear and be represented at hearings9
A teacher who is the subject of a case may appear and make oral representations, and be represented by any person, at any hearing at which the case is considered.
Attendance of witnesses10
The Secretary of State may require, or authorise the professional conduct panel to require, any person to attend and give evidence or to produce documents or other material evidence at any hearing.
Requirement for hearings to be held in public11
1
Subject to paragraphs (2) and (3), a hearing of a professional conduct panel must take place in public.
2
A professional conduct panel may deliberate at any time and for any purpose in private, during or after a hearing.
3
A professional conduct panel may exclude the public from a hearing or any part of a hearing—
a
where it appears to the panel to be in the interests of justice or the public interest to do so; or
b
where the teacher who is the subject of the case requests that the hearing or part of the hearing should be in private and the panel does not consider it to be contrary to the public interest to do so.
Administration of oaths and affirmations12
A professional conduct panel may require any witness at a hearing to give evidence on oath or affirmation.
Prohibition orders13
1
A prohibition order must record the decision of the Secretary of State, the date on which the order is made, and the date on which the order takes effect.
2
A prohibition order must in addition record—
a
whether an application for a review of the order by the Secretary of State may be made under regulation 16, and
b
if such an application may be made, the minimum period before the end of which no such application may be made and the procedure for making such an application.
3
A prohibition order takes effect on the date on which notice of the order is served on the teacher to whom the order relates.
4
The Secretary of State must—
a
serve notice of the prohibition order on the teacher to whom the order relates;
b
serve notice of the order on the teacher’s employer and, where arrangements have been made by a person for the teacher to carry out work at the request of or with the consent of a relevant employer, that person.
5
The notice referred to in paragraph (4)(a) must contain the following information:
a
the text of the order;
b
a description of the effect of the order;
c
the reasons for making the order; and
d
notification of the right to appeal to the High Court against the order within 28 days of service of notice of the order.
Interim prohibition orders14
1
Subject to paragraph (2), the Secretary of State may make an interim prohibition order at any time pending a decision as to whether to make a prohibition order, if the Secretary of State considers that it is necessary in the public interest to do so.
2
The Secretary of State must give the teacher to whom the interim prohibition order relates seven days’ notice of the intention to make such an order.
3
The Secretary of State must review an interim prohibition order—
a
within six months of the order being made; and
b
thereafter at intervals of six months,
if the teacher to whom the order relates makes an application to the Secretary of State for such a review.
4
An application under paragraph (3) must be made in writing and must specify the grounds upon which it is made.
5
An interim prohibition order ceases to have effect if the case is discontinued or found not to be proved, or a decision has been made in relation to the teacher by the Secretary of State under regulation 8.
6
No application for a review under regulation 16 or an appeal under regulation 17 may be made in relation to an interim prohibition order.
Publication of prohibition orders15
1
The Secretary of State must publish the information set out in paragraph (2) in relation to a teacher to whom a prohibition order relates—
a
on a website which the Secretary of State maintains on the internet; or
b
in such other manner as the Secretary of State sees fit.
2
The information to be published is—
a
the teacher’s name, date of birth and Teacher Reference Number12;
b
the name of the institution at which the teacher was last employed or engaged to carry out teaching work or if the teacher was employed by a local authority, the name of the local authority;
c
the dates on which the prohibition order was made and takes effect; and
d
the reasons for making the order.
Review of prohibition orders16
1
Subject to regulation 8(2), a teacher in relation to whom a prohibition order has been made may apply to the Secretary of State for the order to be set aside.
2
An application under paragraph (1) must be made in writing and must specify the grounds upon which it is made.
3
The Secretary of State may require any person to produce documents or other material evidence for the purposes of an application under paragraph (1).
4
The Secretary of State must decide whether the application should be —
a
allowed; or
b
referred to a professional conduct panel for a recommendation as to whether it should be allowed.
5
If the Secretary of State refuses an application under paragraph (1), the Secretary of State must specify the period before the end of which no further application may be made for a review of the order.
6
The period in paragraph (5) must not be less than one year from the date on which the application was refused.
7
Where the Secretary of State decides that the application should be referred to a professional conduct panel, the Secretary of State must—
a
appoint such a panel in accordance with regulation 6(2); and
b
consider any recommendation made by the panel before deciding whether to set aside the prohibition order.
8
Paragraphs (2) and (3) of regulation 7, and regulations 9 to 12, apply to any reference made by the Secretary of State under paragraph (7) as they apply in relation to a reference to a professional conduct panel under regulation 5(4).
Appeals17
A person in relation to whom a prohibition order is made may appeal to the High Court within 28 days of the date on which notice of the order is served on that person.
Persons prohibited from teaching in Wales, Scotland or Northern Ireland18
Regulations 16 and 17 do not apply in relation to persons who are included on the prohibited list under section 141C(2) of the Education Act 200213.
Service of notices and orders19
1
Anything required to be served on a teacher for the purposes of these Regulations may be—
a
delivered to the teacher personally;
b
sent to or left at the teacher’s last known address; or
c
where the teacher requests in writing that documents be served by such a method, sent by facsimile or electronic mail or similar means which are capable of producing a document containing the text of the communication.
2
For the purposes of regulation 13(3) notice of a prohibition order shall be taken to have been served—
a
where it was delivered to the teacher personally, on the day of delivery;
b
where it was sent to the teacher by post or left at the teacher’s last known address, on the fourth day after the day on which it was sent or left;
c
where the teacher requests in writing that documents be served by such a method, where it was sent by facsimile or electronic mail or similar means which are capable of producing a document containing the text of the communication, on the second day after the day on which it was transmitted.
Provision of information by employer20
1
The information prescribed for the purposes of sections 141D(3) and 141E(3)14 of the Education Act 2002 is the information set out in paragraph (2).
2
The information referred to in paragraph (1) is—
a
information (including copies of relevant documents) relating to the teacher and the teacher’s conduct; and
b
details (including copies of relevant documents) of any investigation into the teacher’s conduct, including details of any disciplinary proceedings and the outcome of such proceedings.
(This note is not part of the Regulations)