The effect of a Temporary Restriction Order

A Temporary Restriction Order (TRO) does not remove a teacher’s name from the Register. It also does not in any way indicate that a teacher’s name will definitely be removed from the Register in future.

The effect of a TRO is set out in law: the teacher may only be employed as a teacher by their existing employer and in their existing teaching post3. In practical terms, this means that if the teacher is currently employed as a teacher in Scotland, they may continue to be employed in that post (subject to any conditions put in place by their employer); if the teacher is currently unemployed, they will be unable to gain employment as a teacher in a Scottish school.

The legislation outlining the effect of a TRO is directed at employers of teachers. It is therefore for employers to ensure that they only employ an individual who has a TRO on their registration in line with the law. For example, it is for employers to interpret the legislation including what is meant by ‘existing teaching post’.

A TRO will remain in place until the case is finally concluded unless a request is made for it to be reviewed earlier. Further guidance on TRO reviews is set out below.