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DfE Publishes Consultation on Teacher Misconduct

on Friday, 03 September 2021.

The DfE published an open consultation on 25 August 2021, seeking views on proposed revisions to the current version of Teacher misconduct: the prohibition of teachers.

The consultation closes on 19 October 2021.

The current advice covers the factors relating to decisions leading to the prohibition of teachers from the teaching profession. It also provides helpful guidance for schools considering if an allegation of teacher misconduct is sufficiently serious to warrant a referral to the Teaching Regulation Agency.

The Proposed Revisions

Various revisions have been proposed and include:

  • updates to the list of offences that will be considered to be a 'relevant offence' - examples include harassment or stalking, child cruelty or neglect, voyeurism (including upskirting), revenge pornography, sexual communication with a child and controlling or coercive behaviour
  • a more detailed list of behaviours considered to be incompatible with being a teacher, including: abuse of trust leading to a romantic or sexual relationship with a child, sexual misconduct, failure in duty of care, failure in protecting a child, collusion or concealment, and contravention of requirements for the conduct of exams
  • confirmation that any decisions about whether to prohibit a teacher from the profession must take into account whether it is in the public interest to do so
  • new sections about review periods and applications for review of prohibition orders, including that prohibition from teaching without a future review should only be implemented in the 'most exceptional' circumstances

We will keep you updated with developments following the conclusion of the consultation in due course.


If you have any questions about the consultation, please contact Ellie Boyd in our Employment Law team on 07393 148143, or complete the form below.

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