Teaching Regulation Agency (TRA) Case Study – No Further Action

TRA v D – No Further Action taken by TRA following investigation 

Olliers were recently instructed by D who faced an investigation by the Teaching Regulation Agency (TRA) following dismissal from her role as a higher-level teaching assistant at a primary school.  

It was alleged that D was guilty of unacceptable professional conduct and/or conduct which may bring the profession into disrepute during the 2021-2022 academic year.  

Background to Case 

The background of the case included D being dismissed by her employer following an internal investigation. There are still some issues to be resolved as part of ongoing employment tribunal proceedings.  

With regards to our case, however, D had been accused of grabbing a pupil by their arm and jumper, as well as, pushing/pulling and squeezing said pupil. She was also accused of shouting and screaming at pupils and making derogatory remarks about them on more than one occasion.  

Submissions to TRA 

We were instructed early in relation to the TRA investigation; this afforded us the opportunity to take detailed instructions and prepare comprehensive submissions in which we sought to persuade the TRA that the matter should be concluded with no further action against D.  

Although D was not obliged to provide a response to the initial correspondence from the TRA, tactically we felt it was in her best interests to do so. Having carefully reviewed the TRA material, it was obvious that although cited as separate incidents, several of the allegations actually referred to the same incident, something which TRA did not seem to appreciate. We highlighted this point and also made robust submissions around the fact that D’s actions were in fact always in line with internal school guidance.  Our submissions pointed out contradictory accounts from witnesses and emphasized the clear lack of evidence in relation to some of the allegations 

We provided relevant background information about D’s professional career and her situation at the time of the allegations. We set out, in detail, how the internal investigation and subsequent TRA investigation had impacted on her physical and mental wellbeing, which was incredibly important for context.  

Through meticulous consideration of the investigation bundle and taking the time to understand D’s position, we were able to not only highlight but evidence multiple incidents where the internal investigation was flawed and where D had been effectively prevented from thoroughly defending herself.  

No Further Action 

Having reviewed our submissions, the TRA confirmed that they would be concluding the case and taking no further action. This was a huge relief to D and will allow her to continue working in the teaching profession should she choose to do so. 

This case comes on the back of a number of positive outcomes for Olliers’ clients in the teaching sector. Our regulatory department are often instructed by teachers and higher-level teaching assistants facing investigation and/or proceedings brought by the TRA. This case highlights the benefits of early instructions which allow Olliers and in turn our clients to get on the front foot which can, on occasion, result in matters concluding much earlier than anticipated. 

Olliers’ combined criminal and regulatory expertise 

Olliers have extensive experience in both regulatory and criminal matters and see first-hand on a regular basis the cross-over between criminal and regulatory proceedings. Unlike a lot of other firms, we can offer a genuinely holistic approach to dealing with these cases.  

Specialist advice from experienced lawyers working as part of the same team helps ensure the best possible outcome for our clients and it is something we are extremely proud of. If you would like to discuss how we can proactively assist you in relation to regulatory and/or criminal investigation/proceedings, contact us by telephone on 0161 834 1515, by email to info@olliers.com or complete the form below and we will contact you.