Teachers Defence Service
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Teachers Defence Service represents teachers in TRA, GTCS, EWC Wales, GTCNI Professional Conduct Inquiries.
The purpose of regulatory proceedings: Patricia Davies v General Teaching Council for England [2010] EWCA 2075 (Admin) – Hickinbottom J paragraph 48 and 49:
“48. The primary objective of imposing a sanction on a professional is to maintain the standing of the profession to which he or she belongs and the confidence of the public in that profession, although the need to protect individual pupils in terms of ensuring no repetition is also a purpose (Bolton v The Law Society [1994] 1 WLR 512 especially at pages 518 to 519, Raschid & Fatnani cited above at [18], and Cheatle v The General Medical Council [2009] EWHC 645 (Admin) at [33]). The impact of a sanction on the teacher is also relevant, because the PCC can only impose a sanction that is proportionate. But, as the primary objectives concern the wider public interest, the impact of a sanction on a teacher has been said not to be ‘a primary consideration'(Cheatle at [38] and [40]). Those principles are broadly reflected in the respondent ‘Indicative Sanctions Guidance (especially at paragraph 1.3), which were expressly referred to in the PCC’ decision (legal advice section, paragraph 8).”
“49. …the PCC is a professional disciplinary tribunal whose professional judgment (especially with regard to sanctions) is worthy of considerable respect. This court is, therefore, slow to interfere with a sanction imposed by the PCC, and will do so only where the panel’s decision is clearly inappropriate.”
Cases we have digested in detail:
Scotland
AD v General Teaching Council Scotland [2019] CSIH 18
JB v The General Teaching Council for Scotland [2013] CSIH 114
England
Case yet to be digested:
Ilenotuma v Teaching Regulation Agency & Anor [2024] EWHC 1158 (Admin) – time limits for filing an appeal are strictly 28 days, unless exceptional circumstances apply ( February 2024)
Austin, R (on the application of) v The Teaching Agency [2012] EWHC 254 (Admin) – appeal to overturn findings refused. (26 October 2012)
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We can provide advice and guidance, or advocacy services (including representation at hearings), if instructed, to assist you in dealing with teaching regulators. Our fees are competitive. Give us a call on 020 3012 0402 without obligation and in strict confidence to see how we can assist you. Or, use our Contact Form.
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