Right of appeal and review

Where a TRO is imposed, the teacher has a right to appeal that decision to the Court of Session within 28 days of receiving the decision notice.

In addition to the right of appeal, it is important to note (and it has been noted earlier in this document) that the presenting officer or the teacher may apply for a TRO to be reviewed at any time. The application for review should be made in writing to the Servicing Officer. Where a TRO review application is made, a panel meeting or hearing will be arranged by the Servicing Officer.

There should have been a material change in the assessment of Stage 1 and/or the balance of factors noted at Stage 2 since the TRO was imposed, such that it is no longer proportionate and necessary for the TRO to remain in place. The application should set out how one, or both, of the two stages of the test for imposing a TRO are affected by that change.

Thereafter, the same procedure will be followed as if it were the first application for a TRO. A panel should consider all the circumstances relating to the case, including any relevant information provided since the TRO was imposed, and assess whether a TRO remains proportionate and necessary. It must decide whether the TRO should be maintained or removed. A panel, in doing so, should apply the same test and take account of the same factors as set out above.