Guidance

Teacher misconduct hearings: information for witnesses

Published 10 September 2014

Applies to England

Overview

You may be asked to be a witness at a hearing by:

• the Teaching Regulation Agency (TRA), known as a TRA witness
• a teacher or a teacher’s representative, known as a teacher witness

TRA witnesses

If you’re asked to be a witness by TRA, you’ll receive a copy of the full witness guide before the hearing. You can also read this page to get an overview of what attending a TRA hearing is like.

Teacher witnesses

The teacher or the teacher’s representative may provide you with guidance. You may also want to:

• read this page to get an overview of what attending a TRA hearing is like
• request a copy of the full witness guide

Get the full witness guide

Contact us if you want a copy of the full witness guide.

Some parts may not apply to teacher witnesses. Check with the teacher or their representative to find out which parts apply to you.

Questions about the hearing

Contact us if you have any questions or concerns about the hearing process.

We cannot discuss specific details about the case with you.

Becoming a witness

You’ll be asked to be a witness if:

• you know or may know something about the case
• your evidence may help the panel to make a decision

What you need to know

It’s important that you:

• do not discuss the case with any other witnesses while it’s still going on
• attend a hearing if you’re asked

This helps to make sure that:

• your evidence is your own account of what happened
• the hearing process is fair for everyone

Contact us if you:

• cannot attend a hearing, for example, if you’re out of the country
• have any questions or concerns about the hearing

Vulnerable witnesses

Giving evidence may be more difficult for particularly vulnerable people. This can include people who are:

• aged 18 or under
• directly involved in a case of a sexual nature
• have learning difficulties

Special measures

Special measures may be available if you’re considered to be a vulnerable witness. These can include:

• sitting behind a screen so the teacher cannot see you
• giving evidence in private
• having a witness supporter, such as a family member or a friend

Apply for special measures

You can:

• contact us if you’re a TRA witness
• contact the teacher or their representative if you’re a teacher witness

Not all applications for special measures can be agreed.

Attending a hearing

All TRA hearings are virtual by default, but either TRA, the teacher or the teacher’s representative can request that a hearing be held in person. It may be possible for a party, including yourself, to attend an in-person hearing virtually if this is agreed by all other parties. If not, then the panel will decide whether to make a case management direction. If you would like to attend virtually:

• if you are a TRA witness, contact us as soon as possible explaining why you would like to attend virtually
• if you are a teacher witness, contact the teacher or their representative as soon as possible explaining why you would like to attend virtually

Giving evidence

When it is your turn to give evidence:

• for a virtual hearing, you will be contacted by either the presenting officer, teacher, or the teacher’s representative and asked to join the hearing through a link sent to you prior to the hearing
• for an in-person hearing, you will be taken to a hearing room where the panel will consider the case of alleged serious misconduct

You’ll be asked to give evidence under oath.

To ensure your evidence is understood, you may be asked:

• questions about what you have said
• to comment on an alternative version of events
• to give more detail about your account

Questioning is an essential element of a fair hearing. You may be questioned on the accuracy of your evidence and an alternative version of events may be put to you for your comment.

The panel will ensure that any questions you’re asked are appropriate.

The panel will tell you when you’re free to leave and when you are no longer under oath.

More information on who may ask you questions is available.

After you’ve given evidence

The panel will decide whether the facts of the case are proven.

If the facts of the allegations are proven, the panel will then decide whether they amount to:

• unacceptable professional conduct
• conduct that could bring the profession into disrepute
• a relevant offence

Oaths and affirmations

An oath or affirmation means that you swear to tell the truth during the hearing.

Before you give evidence, you’ll be asked to do this by either:

• placing your hand on the holy book of your choice
• choosing to affirm (a non-religious way of swearing to tell the truth)

Holy books which will be available include:

• the Bible
• the Quran
• the Sri-Gur Granth Sahib
• the Torah
• the Vedas

If the holy book of your choice is not listed, please contact us so we can make sure it is available for you.

Recording

We record all hearings. We do not routinely transcribe these recordings. If you would like a transcript of the hearing, you would need to pay the costs of the transcription. The transcript would be redacted to remove any 3rd party personal data.

Observers

Because hearings will usually be held in public, members of the public or the media may attend as observers.

Sometimes a hearing or part of a hearing can be held in private. If this happens, members of the public or press are not allowed in the hearing room or virtual hearing room.

People involved in the hearing

The panel

There will be 3 people on the panel. One of these will be the panel chair. The chair will direct and manage the hearing.

Presenting officer

This is a lawyer, appointed by TRA, to prepare and present the case.

Legal adviser

This is a lawyer, independent of TRA, who gives advice to the panel about the law and TRA procedures.

The legal adviser is not involved in the decision-making process.

Teacher

This is the person who is subject to the allegations. They may or may not choose to attend a hearing.

Teacher’s representative

A teacher may appoint a representative to present a case on their behalf. This person may be their lawyer, a union official or a friend.

Practical information

Location of hearings

Hearings can be held either virtually (online) or in person.

Virtual hearing

You can access a virtual hearing by joining the hearing remotely. We will provide you with further guidance on how to access the virtual hearing.

In-person hearing

You can access an in-person hearing by attending our office in Coventry:

How to get to the TRA office in Coventry.

Some hearings are held elsewhere in Coventry but you will be informed of the location before the hearing.

Please notify us on 020 7593 5393 if you have any special requirements relating to a disability which might hinder your access to, or participation as a witness in, the hearing. We will make arrangements as appropriate. For example, there is an induction loop facility to assist those who are hearing impaired.

Arrival time

Virtual hearing

We will let you know the start time of the hearing when we confirm your place.

Please check your connection prior to the start time.

The hearing will start promptly. If you are late, you will remain in the virtual waiting room until there is an appropriate place in the hearing to admit you.

You do not have to stay for the duration of the hearing.

In-person hearing

We will let you know the start time of the hearing when we confirm your place. If you are a TRA witness, we will let you know what time to arrive. If you are a teacher witness, the teacher or their representative will let you know what time to arrive.

You will need to bring photographic ID.

On arrival at our office please report to the reception desk. You will be asked to present your ID and sign in and then shown to a waiting room. The location of the hearing room will be explained to you.

You do not have to stay for the duration of the hearing.

Parking

You must contact us before the hearing if you need a:

• parking space
• disabled parking space

We cannot, however, guarantee parking.

Facilities

At the hearing, there is usually:

• a room where you can wait until you give evidence
• a vending machine or canteen where you can buy drinks, and hot and cold food (payment is by card only)
• free Wifi

You may want to bring:

• a book or a magazine to help you pass the time

Expenses

You can usually claim expenses for:

• travel costs
• some meals and drinks
• hotel accommodation

For full information on claiming expenses is available.

After the hearing

Hearing outcomes are usually published within 2 weeks of a prohibition decision being made and not the date the hearing concluded.

Your name will not appear in the decision when it’s published.

Feedback

We welcome your feedback about the hearing process, please contact us.

Contact us

Teacher misconduct

Email misconduct.teacher@education.gov.uk

Telephone 020 7593 5393

Please note the misconduct phone lines will be closed from Friday 22 December at 5pm and will reopen on Tuesday 2 January 2024.

Information about regulating the teaching profession and the process for dealing with serious teacher misconduct.

Lines are open Monday to Thursday, 9am to 5pm, and on Friday from 9am to 4:30pm (except public holidays).

More information

• About us contains information about what we do and our responsibilities
• Regulating the teaching profession explains how we regulate and manage teacher misconduct