Appealing a Decision Made by the TRA
Can I appeal a decision of the TRA’s Professional Conduct Panel
Yes, but only if there are grounds in law that can be argued, namely that the TRA’s Professional Conduct Panel made a mistake in law when making their decision. You cannot simply lodge an appeal because you do not like the outcome of the TRA’s decision.
When should an appeal of the TRA’s Professional Conduct Panel be lodged?
An appeal against a decision of the TRA must be lodged with the High Court, together with detailed grounds of appeal and a paginated bundle, within 28 days of the teacher being notified of the outcome of their case. This deadline is strictly adhered to and only in highly exceptional circumstances will an appeal be allowed to be heard if it has been lodged out of time.
It is essential, therefore, if you are contemplating lodging an appeal against the TRA’s decision, that you obtain expert advice on the legal merits of your High Court appeal without delay.
How the appeal process works
Once the appeal, with detailed grounds of appeal and a paginated bundle has been lodged with the High Court, the High Court will contact both the teacher and the TRA to set the timetable for any directions to be adhered to for the exchange of further documentation.
A date for the hearing will be set by the High Court. On the day of the hearing, the High Court judge will hear legal arguments by the lawyers for the teacher and the TRA and will decide whether the appeal should be allowed.
What are the risks of appealing?
In an appeal to the High Court, ordinarily, the loser is ordered to pay the winner’s legal costs. Appealing a decision of the TRA can, therefore, be an expensive exercise if the appeal is lost. The TRA’s legal fees can be expected to exceed £10,000. Given the financial risks, if you are contemplating appealing a decision of the TRA, please contact us for advice on the merits of your appeal, in the first instance.
How to decide if you have grounds for an appeal
Given the risks of appealing, you really need to obtain independent and professional legal advice regarding the prospects of your appeal succeeding. At Richard Nelson LLP, our experienced lawyers for teachers will consider the documentation and give you realistic advice regarding the prospects of your appeal being successful. This will enable you to make an informed decision regarding whether to lodge an appeal of a decision of the TRA.