Government proposal to regulate FE staff in England

Currently, this framework does not apply to the FE sector but the Schools bill, which is in the Westminster parliament at the moment, proposes to extend this misconduct framework to the FE sector in England.  

The bill was announced in the late Queen's Speech on 10 May 2022 and introduced in the House of Lords on 11 May 2022.  It is expected to start its passage through the House of Commons this autumn.

The Teaching Regulation Agency (TRA) is an executive agency of the secretary of state and it is responsible for the regulation of the teaching profession, including misconduct hearings. The TRA investigates cases of misconduct, following which, cases are heard in front of an independent Professional Conduct Panel, who then makes a recommendation to the secretary of state as to whether a prohibition order should be made against teachers.

UCU has been analysing the proposals, together with the implications for UCU members and the union itself.  We have also been discussing the framework with sister unions, whose members are already subject to the regime and who have told us that there are great delays in the process.  

UCU believes that there are a number of issues in this bill. One big issue is that prohibition is the only disciplinary measure available and that it is set at a minimum of two years. Another relates to the constitutional framework and ethics, for example the fact that the secretary of state is responsible for both investigating cases and making a decision on the disciplinary measure. We are also concerned that the burden of proof, for a decision that could exclude a member for a minimum of two years, is too low.  

UCU has already communicated these issues to government and we will continue with this work with parliamentarians over the next few weeks and months.          

For more information contact UCU policy officer Rhianwen Roberts.