Details of baseless misconduct probes to be destroyed sooner

Teachers at the centre of baseless misconduct probes will no longer have their details kept on file and “hanging over” their working lives for decades. 

The Teaching Regulation Agency (TRA) previously kept all case information for 50 years from the date of its final decision, no matter the outcome. 

But the body quietly altered its guidance this month, slashing the retention period to five years for referrals which fail to reach a misconduct hearing. 

Bristol headteacher Matt Cave said he was the subject of an “entirely unsubstantiated” TRA complaint.

While the complaints are not visible to employers and do not show up in DBS checks, Cave said he felt the previous policy was “unjust”.

He told Schools Week: “It was incredibly jarring to receive a letter about a complaint that turned out to be entirely unsubstantiated and didn’t even warrant an investigation, yet would remain on record for decades. 

“Nobody questions the absolute necessity of safeguarding. It’s the most important part of our job, and keeping meticulous records is essential. But the previous system had a real blind spot when it came to basic fairness.”

The Department for Education said the changes were made following a “routine review” of the TRA’s data retention policy and subsequently “made adjustments” so it does not hold “personal data for longer than is necessary” under personal data laws.

Union pressure

Cave told the National Association of Headteachers (NAHT) annual conference last month about a letter from the TRA notifying him it had received “a referral but there would be no further action” on his 50th birthday. 

In addition to saying the message was “not intended to cause any distress”, it advised him that “the retention policy is 50 years”. 

He quipped his record would not be clear until he got his “telegram from the king”. 

The NAHT also passed a motion during the conference urging the TRA to review its retention policy as it noted the impact referrals have on the “wellbeing, professional reputation and retention of school leaders and staff”. 

‘Unfairly burdened’

Cave continued: “While these records aren’t something employers can access… the fact they could sit on file for so long, without transparency or a clear way to challenge them, means they can feel as though they are hanging over your professional life.

“That is why I welcome the changes from the TRA. They maintain the integrity of safeguarding but go some way towards ensuring teachers and school leaders aren’t unfairly burdened by complaints that had no substance in the first place.”

The new guidance states that the TRA collects the name, date of birth, national insurance number, home address, qualifications and employment details of accused teachers.

For cases closed after they were triaged, details will now be destroyed after five years.

Meanwhile, records of referrals closed following an initial assessment will be binned after 10 years.  

Investigations that proceed to a hearing will still have records retained for 50 years.

‘Positive impact’

The TRA’s accounts show the number of referrals has ballooned over the past four years. In 2021-22, it received 714 reports of teacher misconduct.

The figure stood at just over 1,850 in 2024-25, representing a 160 per cent rise over the period. 

Officials previously said the number was driven by a spike in parents going directly to regulators with complaints. 

But the NAHT said a triage system introduced by the agency last year was “having a positive impact”, with “significantly fewer referrals from members of the public”.  

The DfE stressed that it has “always been compliant with relevant general data protection regulation legislation”, with the tweaks making sure “wording is clear and continues to be appropriate and fit for purpose”.