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<p>The National College for Teaching and Leadership (NCTL) receives and acts upon
referrals from employers (including independent schools), the police, Disclosure and
Barring Service (DBS) and the public.</p><p>The Teachers' Disciplinary (England) Regulations
2012 provide NCTL with the power to regulate teachers including those in independent
schools. These regulations provide for any referral to be investigated regardless
of the date of the alleged incident.</p><p>Upon receipt of a referral NCTL make an
initial assessment of the allegations to establish whether, if proven, they have the
prospect to meet the prohibition threshold using the Secretary of State's advice <em>‘Teacher
misconduct: the prohibition of teachers'</em>. Where the case is assessed as serious
enough to potentially meet the threshold the allegations are investigated seeking
representations from the teacher involved and collecting other evidence deemed to
be appropriate on a case by case basis. On conclusion of the investigation a further
determination is made and where the allegations are still serious enough to potentially
warrant a prohibition order, the matter is progressed to a panel hearing. The hearing
is held in public and the panel comprises three panellists appointed through a public
appointments process. The teacher can be present with his/her representative, witnesses
may be called by either side, a presenting officer presents the case on behalf of
NCTL and a legal adviser is present. At least one panellist must be a teacher panellist
and at least one must be a lay panellist. The panel make a finding as to facts. Where
the facts are found they go on to determine whether those facts amount to unacceptable
professional conduct, conduct that may bring the profession into disrepute and/or
conviction, at any time, of a relevant offence. Where the panel determine one or more
of the above, they then go on to make a recommendation as to whether a prohibition
order would be an appropriate sanction. The recommendation is considered by a senior
official of NCTL on behalf of the Secretary of State and is either confirmed or amended.</p><p>The
work of NCTL sits within a broader safeguarding framework. Independent Schools, like
all employers of people working with children, have a statutory duty to refer to the
Disclosure and Barring Service (DBS) all individuals who have been:</p><ol><li>convicted
or cautioned for a relevant offence;</li><li>engaged in conduct that has harmed a
child or put them at risk of harm; or</li><li>deemed to have satisfied the Harm Test
in relation to children i.e. there has been no relevant conduct but a risk of harm
to a child still exists.</li></ol><p>The DBS will then consider whether to bar that
person from working with children. In addition to this, where a teacher has been dismissed
or resigned in the face of dismissal for a serious conduct matter, employers also
have a statutory duty to consider referring that teacher to the NCTL. In the most
serious cases, the DBS decides to bar an individual, at which point any ongoing NCTL
case would be discontinued. The NCTL primarily takes to their conclusion cases which
have not met the DBS threshold for barring.</p><p>Under arrangements established by
the previous Government, teacher regulation was the responsibility of the General
Teaching Council for England (GTCE) and all registered teachers fell within their
jurisdiction. However, there was no requirement for teachers in independent schools
to be registered, so many teachers in independent schools fell outside professional
regulation. We have strengthened regulations so that the NCTL now has the power to
regulate all teachers in independent schools.</p><p>Separate to the NCTL process for
regulating teachers, the Department's Independent Education and Boarding Team (IEBT)
administers the wider regulatory system for independent schools. This team can receive
information about allegations of abuse from a variety of sources, including Ofsted,
local authorities, parents and the police.</p><p>In the first instance, the Department
will ensure that the actual allegations are being investigated by relevant authorities
– the local authority and, where appropriate, the police. It is then the Department's
role to ensure that the school in question is meeting the Independent School Standards.
This will normally be done by commissioning an inspection and, where a school is found
not to be meeting the standards, taking action to ensure it does so as soon as possible
or, if necessary, is closed.</p>
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