Allegations leading to criminal proceedings
In the most serious of cases, there can be an overlap between a criminal allegation and an investigation by a school or the TRA. Any allegations relating to sexual misconduct will inevitably result in police involvement.
The fact that the police want to interview a teacher does not necessarily mean that criminal proceedings will follow. The police have to follow up on serious allegations and their procedures dictate that interviews take place formally, in a police station and under caution.
Anyone in a police station facing an interview should have a defence lawyer to represent them, regardless of whether they have actually done anything wrong. Having a defence lawyer present will not make the police suspicious, but is expected when a professional is in this situation.
Our multi-disciplinary team has experience in representing teachers with parallel criminal and school/TRA investigations. Our criminal defence lawyers and our regulatory lawyers for teachers will work together to ensure that a cohesive approach is taken to the strategy adopted.
Allegations leading to TRA investigations
The TRA investigates a variety of allegations of serious misconduct against teachers. Commonly, allegations will cover issues such as:
- relationships between a teacher and a pupil;
- blurring of the professional boundaries;
- action that is sexually motivated;
- allegations of financial impropriety;
- dishonesty allegations;
- allegations of violent conduct.
Allegations need to be sufficiently serious for the TRA to get involved. Allegations relating to a teacher’s competence, performance or more minor conduct issues should be retained by the teacher’s employer.
What should I do next?
If you are a teacher and you are facing an allegation that is being investigated by your employer, the police and/or the TRA, then you need to obtain independent professional legal advice and representation.
If you belong to a union or a defence organisation, then they should be your first point of contact. However, if this does not apply to you, or if you want a second opinion, or you want to speak to a defence lawyer for teachers on a private basis, then please contact us for a confidential discussion about your situation.
How can Richard Nelson LLP help?
We have experience of providing teachers with independent private legal advice and legal representation in investigations by schools, the police and/or the TRA. Contact us today to speak to one of our expert solicitors.