Procedure
In most cases, a Temporary Restriction Order (TRO) is applied for by the person investigating the case at an early stage. When this happens, the teacher will be given notice of this and will have 7 days to do one of the following:
- provide written representations to a panel
- request a hearing to make oral representations to a panel
- consent to the order7
Further information is set out below about what happens next depending on whether or not the teacher consents to the order.
TRO consented to
If a teacher consents to a TRO being placed on their registration, a panel convener may direct that a TRO be imposed. The Servicing Officer will contact a panel convener as soon as possible to confirm whether they are content that the TRO be imposed. If the TRO is imposed, the teacher will be notified.
TRO not consented to
If the teacher does not consent to a TRO being placed on their registration but a hearing is not requested and a panel does not consider a hearing necessary, a panel will meet in private to consider whether to impose a TRO. They will consider the TRO application and any response from the teacher.
Where the teacher requests a hearing or a panel considers a hearing necessary, a hearing will be arranged. The teacher and presenting officer (the individual acting on our behalf) will be given no fewer than 7 days’ notice of it. The teacher will be asked whether they would like the hearing to be heard in person or remotely. The default position is that these hearings take place in private1.
If the teacher fails to respond within the 7 day period, a panel may continue to consider whether a TRO should be imposed, provided they have satisfied themselves that all reasonable efforts have been made to serve the teacher with notice of the proceedings and that it is fair to do so.
Postponement/adjournment applications for temporary restriction hearings
Given that a TRO is an interim, protective order, it is important to deal with them quickly and efficiently. Therefore, postponement and adjournment applications will only usually be granted in compelling and exceptional circumstances. More information about postponements and adjournments may be found within our postponements, adjournments and proceeding in the absence practice statement.
TROs and full hearings
A panel has the power to impose a TRO at any point in full hearing proceedings if it considers it appropriate to do so. For example, where a full hearing is to be adjourned, a panel may decide to impose a TRO in the meantime. Where a panel has decided, at a full hearing, to remove the teacher’s name from the Register, a panel should strongly consider imposing a TRO until the end of the appeal period (should a TRO not already be in place).
In these circumstances, the same factors as described below should be considered and a panel should still hear submissions from both parties on the matter.
In most cases, a Temporary Restriction Order (TRO) is applied for by the person investigating the case at an early stage. When this happens, the teacher will be given notice of this and will have 7 days to do one of the following:
- provide written representations to a panel
- request a hearing to make oral representations to a panel
- consent to the order7
Further information is set out below about what happens next depending on whether or not the teacher consents to the order.
TRO consented to
If a teacher consents to a TRO being placed on their registration, a panel convener may direct that a TRO be imposed. The Servicing Officer will contact a panel convener as soon as possible to confirm whether they are content that the TRO be imposed. If the TRO is imposed, the teacher will be notified.
TRO not consented to
If the teacher does not consent to a TRO being placed on their registration but a hearing is not requested and a panel does not consider a hearing necessary, a panel will meet in private to consider whether to impose a TRO. They will consider the TRO application and any response from the teacher.
Where the teacher requests a hearing or a panel considers a hearing necessary, a hearing will be arranged. The teacher and presenting officer (the individual acting on our behalf) will be given no fewer than 7 days’ notice of it. The teacher will be asked whether they would like the hearing to be heard in person or remotely. The default position is that these hearings take place in private1.
If the teacher fails to respond within the 7 day period, a panel may continue to consider whether a TRO should be imposed, provided they have satisfied themselves that all reasonable efforts have been made to serve the teacher with notice of the proceedings and that it is fair to do so.
Postponement/adjournment applications for temporary restriction hearings
Given that a TRO is an interim, protective order, it is important to deal with them quickly and efficiently. Therefore, postponement and adjournment applications will only usually be granted in compelling and exceptional circumstances. More information about postponements and adjournments may be found within our postponements, adjournments and proceeding in the absence practice statement.
TROs and full hearings
A panel has the power to impose a TRO at any point in full hearing proceedings if it considers it appropriate to do so. For example, where a full hearing is to be adjourned, a panel may decide to impose a TRO in the meantime. Where a panel has decided, at a full hearing, to remove the teacher’s name from the Register, a panel should strongly consider imposing a TRO until the end of the appeal period (should a TRO not already be in place).
In these circumstances, the same factors as described below should be considered and a panel should still hear submissions from both parties on the matter.
End of document
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