Application for the Removal of a Prohibition Order

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When can a prohibition order be set aside?

When a prohibition order is made, the Secretary of State will decide the minimum number of years which needs to expire before the teacher can apply to the TRA to have the prohibition order set aside. The minimum amount of time set will be two years. However, some prohibition orders can never be set aside.

The amount of time required before you can apply for your prohibition order to be set aside will be made clear in the determination at the original hearing.


How to set aside a prohibition order

An application needs to be made to the TRA to set aside a prohibition order. A hearing will take place, to determine whether it is appropriate to set aside the prohibition order.


What makes it more likely that a prohibition order will be set aside?

The Panel of the TRA in deciding whether to set aside a prohibition order, will need to be persuaded by the teacher that this is appropriate. The Panel will expect the teacher to have reflected on what happened and they will want to see evidence that the teacher has remorse for their misconduct, has insight into what went wrong and why and that they have remediated any past failings. The Panel will also want to hear about what the teacher has been doing since the prohibition order has been made and how they have kept up to date with education.

Written by Marie Dancer

Since joining Richard Nelson LLP in 2003, Marie Dancer became a Partner in 2009 before becoming the Managing Partner in 2015. Marie is a highly regarded professional disciplinary lawyer who defends a variety of healthcare and teaching professionals in fitness to practise investigations.

Read more about Marie Dancer.

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