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Challenging a decision of the TRA to refer a case to the PCP

Client
Two separate cases of teachers facing TRA referrals to the PCP
Legal Team
  • Sarah-Jane Varley
Contract Type
Private
Legal Service
Teacher Misconduct

This case study is about a provision within the Teacher misconduct: Disciplinary procedures for the teaching profession (“Disciplinary Procedures”), published in May 2020 where at Paragraph 5.56 it states:

“If before the scheduled first day of a professional conduct panel hearing (i) the TRA becomes aware, whether via representations or evidence provided by the teacher or otherwise, of new evidence or any other reason that suggests that the case should not be considered at a professional conduct panel hearing; or (ii) the TRA becomes aware of additional matters not previously considered for referral to the panel the TRA will refer the case back to the investigation stage to enable it to consider the new matters and to re-take the decision as to whether to refer the case to a panel”.

This provision allows in certain circumstances a review of the decision to refer a teacher’s case to a Professional Conduct Panel (PCP). This provision we have found can be very useful, particularly in cases where a teacher seeks legal advice later in their proceedings, when their case has already been reviewed by the TRA and referred to a hearing. Although, care has to be taken that in these cases that a review is not just being submitted on the grounds a teacher has decided to seek legal advice for the first time, as this would not be within the remit of this provision. There would need to be something that had not previously been considered; however, this may of course be something the teacher had not realised the significance of until they sought legal advice. Alternatively, there could be something fundamentally flawed with the decision itself and the decision-making progress.

In two recent cases we have had some success in using this provision to prompt a review by the TRA, with positive outcomes for our clients.

In the first case the client came to us having already had a referral, having no prior legal assistance he had submitted a response to the TRA by himself. After considering the decision of the TRA it was apparent that the decision maker had made a number of erroneous findings, one of which was wrong in law, and other findings demonstrated that they had completely misunderstood the basis of the case before them. In written submissions to the TRA’s solicitors we argued that the referral was made on erroneous grounds. The review in this case prompted a decision by the TRA to close this client’s case with no further action.

In another case, where the client had previously been legally represented and a response drafted by other solicitors, the client came to us asking for a review. On taking his instructions, it became clear that he had access to a document that his previous solicitors had not enquired about and disproved one of the allegations. Again, we drafted submissions and submitted the relevant document and the TRA took the view that they would discontinue this particular allegation.

In the right circumstances this provision can have a significant impact on a client’s case, particularly where the decision maker has previously not had the opportunity to have significant matters drawn to their attention, due to the fact a teacher wasn’t previously represented. Therefore, when we first take on a new client, whose case has already been referred to a PCP hearing a thorough review of the referral decision and process will always be carried out.

Get in touch with our teacher solicitors today to find out how they can support you through a TRA investigation.

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