The Teachers' Disciplinary (England) Regulations 2012
| Jurisdiction | UK Non-devolved |
| Citation | SI 2012/560 |
2012 No. 560
Education, England
The Teachers’ Disciplinary (England) Regulations 2012
Made 28th February 2012
Laid before Parliament 5th March 2012
Coming into force 1st April 2012
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 commencement
1. These Regulations may be cited as the Teachers’ Disciplinary (England) Regulations 2012 and come into force on 1st April 2012.
Interpretation
2. 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—
(a) a school in England;
(b) a sixth form college in England2;
(c) relevant youth accommodation in England3;
(d) a children’s home in England4; or
(e) when section 53 of the Education Act 20115is fully in force, a 16 to 19 Academy6; and
“the prohibited list” means the list maintained by the Secretary of State under section 141C (1) of the Education Act 20027.
Teaching work
3.—(1) Subject to paragraph (3), each of the following activities is teaching work for the purposes of these Regulations—
(a)
(a) planning and preparing lessons and courses for pupils8;
(b)
(b) delivering lessons to pupils;
(c)
(c) assessing the development, progress and attainment of pupils; and
(d)
(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 teacher9or other person nominated by the head teacher to provide such direction and supervision.
Teachers’ standards
4. 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 cases
5.—(1) This paragraph applies where the Secretary of State considers that a teacher—
(a)
(a) may be guilty of unacceptable professional conduct or conduct that may bring the teaching profession into disrepute; or
(b)
(b) has been convicted (at any time) of a relevant offence11.
(2) Where paragraph (1) applies the Secretary of State must—
(a)
(a) inform the teacher of the allegation that has been made against the teacher; and
(b)
(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)
(a) discontinued; or
(b)
(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 panel
6.—(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)
(a) one or more teachers or persons who have been teachers in the past five years; and
(b)
(b) one or more other persons.
Proceedings of a professional conduct panel
7.—(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)
(a) to have been guilty of unacceptable professional conduct or conduct that may bring the teaching profession into disrepute; or
(b)
(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 State
8.—(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)
(a) whether an application may be made for a review of the order under regulation 16; and
(b)
(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 hearings
9. 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 witnesses
10. 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 public
11.—(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)
(a) where it appears to the panel to be in the interests of justice or the public interest to do so; or
(b)
(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 affirmations
12. A professional conduct panel may require any witness at a hearing to give evidence on oath or affirmation.
Prohibition orders
13.—(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)
(a) whether an application for a review of the order by the Secretary of State may be made under regulation 16, and
(b)
(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)
(a) serve notice of the prohibition order on the teacher to whom the order relates;
(b)
(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)
(a) the text of the order;
(b)
(b) a description of the effect of the order;
(c)
(c) the reasons for making the order; and
(d)
(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 orders
14.—(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,...
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