Surge in teacher misconduct cases
According to official statistics, a significant increase in teacher misconduct referrals has been attributed to a surge in parent complaints.
The Teacher Regulation Agency (TRA) has experienced a more than 60% rise in reports within 12 months, receiving almost 1,700 referrals in the 2023-24 period alone. This increase in cases has led to longer wait times for hearings and increased staff and legal costs to manage the growing demand.
Increase in Referrals
The TRA's newly published accounts (Teaching Regulation Agency Annual Report and Accounts 2023-24 (publishing.service.gov.uk) reveal a "significant increase in the number of referrals," primarily driven by complaints from members of the public. In the 2023-24 year, the misconduct unit assessed 1,684 reports, up from 1,038 in 2022-23. This figure is more than double those recorded in 2021-22 (714) and 2020-21 (628). However, the agency took no further action on 1,059 referrals as they did not fall within its jurisdiction or meet the threshold of serious misconduct.
Record Number of Hearings
The TRA held 244 hearings during the year, marking the highest number ever the agency delivered in a reporting year. This represents an 18% increase from 2022-23 and a 64% increase from 2021-22. The rise in hearings is attributed to the TRA's increased capacity, which saw staff costs rise to £4.8 million and the number of full-time employees increase by 19% to 96.
Pressure on School Leaders
Earlier this year, the Confederation of School Trusts warned that the rise in complaints was "not sustainable" and placed "significant pressure on school leaders." The organisation urged the government to establish a "single front door" for parental complaints to prevent multiple investigations, as the TRA can currently only accept referrals from schools or the police.
Increase in Legal Costs
Legal fees associated with the misconduct cases jumped almost 70% to £7.2 million. This increase helped reduce the number of older misconduct reports, with a 49% reduction in those that progressed following a case-to-answer decision. To manage the rising caseload and ensure timely conclusions, the TRA has implemented virtual hearings, streamlined activities, and restructured its processes.
Challenges in Meeting Targets
Despite efforts to manage the increased caseload, the TRA is still missing its target of conducting teacher misconduct hearings within 52 weeks from the referral submission date. On average, waits now last almost 103 weeks, down from the 113-week average in 2022-23. This marks the end of a three-year trend of worsening waiting times.
The TRA attributes its performance challenges to the increasing number of cases and the lingering impact of the pandemic; in fact, some teachers had been waiting over eight years for their misconduct cases to conclude. Furthermore, data obtained through Freedom of Information requests showed that 31% of the 1,042 active cases on the TRA's books were first referred more than two years ago.
The rise in teacher misconduct referrals, primarily driven by parent complaints, has increased pressure on the TRA. The agency has made strides in addressing the backlog and improving efficiency through virtual hearings and increased staffing. However, the continued rise in cases underscores the need for streamlined processes and effective communication between schools, parents, and regulatory bodies to ensure timely and fair resolutions.
Sara Spinks
SSS Author & Former Headteacher
