Teachers

Legal Defence for Teachers 

Our services:

We offer advice and assistance to members of the teaching profession across the UK who face problems in relation to their professional status- this can be with their employer or the General Teaching Council  (GTC) or both.

The GTC sets out and maintains standards for the behaviour and professional competence of teachers, in the interests of the public. In doing so it regulates the teaching profession.  There are separate Councils for Scotland and Wales and Northern Ireland).   

Teachers' employers (including supply agencies) must tell the GTC when they dismiss a registered teacher because of professional misconduct or professional incompetence, or when a teacher resigns because they know they are going to be dismissed.

The GTC also takes referrals relating to misconduct from the Department for Education (DfE) and members of the public. DfE criminal referrals can include criminal convictions, and they can also ban or restrict a teacher if children's safety and welfare is at risk, or it would negatively affect public confidence in teaching.

The General Teaching Council for England approved the revised Code of Conduct and Practice for Registered Teachers on 1 July 2009. The revised Code was developed through an extensive process of public and professional consultation and came into effect on 1 October 2009.

The Code has a regulatory purpose as well. The Code gives examples, against each of the eight principles, of where the GTC has taken action in the past and may need to do so in the future.They relate to competence as well as conduct.

These days teachers face the risk of investigation or proceedings often from what might appear at first a seemingly minor incident or complaint.

Misconduct by a teacher can arise from the classroom or school environment or as a result of misconduct outside of work. The most serious matters involve assault, dishonesty/fraud or inappropriate relationships. We are used to dealing with cases such as these and swift intervention and advice is an absolute essential if retaining your registration is to be achieved.

The Code’s expectations apply equally to registered teachers and provisionally-registered teachers, except that provisions relating to competence do not apply to provisionally-registered trainee teachers.

Investigation and Conduct and Competence Committees

The GTC has a thorough process in place to prepare cases from investigation and to hear cases. Each hearing panel has two teachers and one person who is not in the teaching profession. Each panel has an independent legal adviser and hearings are held in public.

Sanctions

Each panel can take actions which include:

• reprimand (or warning)
• conditional registration, where a teacher must meet conditions set by the panel to be able to register with the GTC and so continue teaching
• suspending a teacher, with conditions if appropriate, for up to two years; and
• banning a teacher from teaching

Our  defence lawyers for Teachers can help you protect yourself your reputation and your registration with specialist advice and assistance when you most need it and when independent impartial advice is what you require.

It is common for teachers to seek advice and assistance from their union in the first instance but sometimes there are limitations on the extent of advice and assistance available. Often the union can make it problematic for a teacher to seek their own independent solicitor of choice. Union or insurance company panel solicitors are often busy and over worked and may not have a specialism in the area in question.  We can help you, you have the freedom of choice to instruct a specialist defence lawyer.

Union Cover? Legal Expenses Cover?

It is important to note that the Insurance Companies ( Legal Expenses Insurance ) Regulations 1990 provide that insured persons should be free to select a solicitor of their own choice. Insurance contracts often stipulate that this cover is only available or can be exercised only where legal proceedings have actually been issued. It is sometimes extended to the period before then when investigations or enquiries are underway. Guidance from the Financial Ombudsman is such that insured persons should be free to request a solicitor of their own choosing where cases are complex or involve particularly difficult or sensitive issues or which involve employment disputes.

We can guide you further in relation to this aspect if you think you might be able to receive assistance in funding your legal advice and representation from us.

It might extend to full representation before the Conduct or Competence Committee of the General teaching Council or we can help you prepare the paperwork involved for your union representative/friend to conduct on your behalf.

• We can also help you if you are just starting out as a newly qualified teacher and need assistance with an induction Appeal to the Appeals Committee .
• We are also experienced in dealing with the employment aspects of any of these matters and ensuring that your future career is safeguarded where possible.
• We often assist with matters of a complex and sensitive nature and where allegations involve referral to the Independent Safeguarding Authority and concern barring lists. We can help draft appropriate submissions/ representations with regard to this.
• If you have a matter that has already underway and need advice regarding the potential for appeal we can undertake this work quickly and are used to working to tight deadlines.

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