The teacher misconduct agency has admitted breaching a headteacher’s human rights after taking six years to conclude her case – but banned her from the classroom anyway.
It’s thought to be the first time the Teaching Regulation Agency (TRA) has conceded it has denied an accused teacher a fair hearing within a reasonable time, as it grapples with rocketing referrals and years-long waits.
Alistair Wood, the chief executive of Edapt, which provides legal support to teachers, believes the case highlights the “urgent need” for changes “to ensure a fair, transparent, and efficient system for all involved”.
“When delays of this magnitude occur, they cast doubt on the fairness and equity of the entire process.
“While no education-related case has yet been challenged at the European Court of Human Rights… existing precedents suggest that such a challenge could succeed if pursued.”
Leaders are lobbying for reforms as complaints lodged directly by parents spike. A Schools Week investigation previously revealed teachers waiting more than eight years for cases to end.
‘Unacceptable’ delays
In the highlighted case, Justine Drury, who ran an alternative provision school, was accused of misconduct after a string of alleged safeguarding failures on a Swiss ski trip were referred to the TRA in 2018.
But, over the summer, a preliminary hearing found the delay to proceedings had been “unacceptable”, breaching Drury’s “right to a fair hearing within a reasonable time” under the European Convention of Human Rights.
Despite this, her case was brought before a misconduct hearing in November. Her lawyer, Andrew Faux, told the panel the breach led to his his client’s refusal to cooperate with the proceedings.
It was concluded she had failed to take sufficient steps to prevent “one or more pupils from filming their engagement in sexual activity” and possessing knives during the trip.
Drury’s behaviour was “at the more serious end of the possible spectrum given her fundamental failure to follow policy, procedure and guidance prior to, during and after the ski trip”, the TRA said.
But it was noted that, due to the breach, “it was just and appropriate in the circumstances to apply mitigation” by allowing her to apply for the ban to be set aside in five years’ time.
Lawyers to argue rights breached in other cases
Faux said no explanation was offered for the delay and that the case “should have been concluded before Covid”.
He is working on “two or three other cases” where he is likely to “run arguments that people’s human rights have been breached should they ever get round to listing them for trial”.
“I think the process is often horrible for accused teachers and amounts to an excessive punishment over a long period of time.”
East Midlands Education Trust CEO Rob McDonough, whose organisation took over Drury’s school a year after the ski trip, added the delays had been “unhelpful”.
The MAT “had no involvement in the running of the school at the time” and Drury has “never been one of our employees”, he stressed.
“This has largely been overlooked by the national press when they covered the story and, by virtue of the school now being with us, we have been linked with this issue.”
‘Unaccountable’
One teacher, who waited four years for a case against him to be dropped because of the lack of evidence, said the regulator was “unaccountable”.
Schools Week revealed in May that two teachers have been waiting more than eight years for their cases to conclude.
Meanwhile, 31 per cent of the 1,042 active cases on the TRA’s books were first referred more than two years ago.
TRA accounts for 2023-24 reveal it is still missing its 52-week target for hearings to be held – with accusers and defendants waiting almost two years on average for cases to conclude.
This comes as reports to the regulator surge, with the body receiving almost 1,700 in 2023-24, a more than 60 per cent rise on the previous year.
Officials believe the increase “has been largely driven by an increase in the number of referrals made by members of the public”.
‘Better mechanism’ needed for parent complaints
The Association of School and College Leaders confirmed it had been discussing “a number of concerns” with the TRA in recent months.
Talks have centred on the rise in the number of parents taking complaints straight to the regulator and “the ongoing delays in progressing cases”.
Pepe Di’Iasio, the association’s general secretary, said more resources were needed to reduce waiting times.
He also believed it would be “helpful for there to be a better mechanism for handling parental complaints” that distinguished between cases for the TRA to investigate and those that should go through the school.
The Observer reported in August that the DfE had opened an investigation into the TRA, but this was specifically relating to allegations of misconduct by its staff.
The department said it has taken “extensive steps” in the last year to increase capacity to ensure the timely conclusion of cases. This has enabled it to deliver a “record number” of misconduct hearings and reduce the time for cases to conclude.
It stressed it is “committed to reducing this further”.
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