Education unions have launched legal action against the over concerns non-white teachers are 鈥渙verrepresented鈥 in misconduct referrals. Leadership unions NAHT and ASCL, the National Education Union, teaching union NASUWT and Community have lodged a claim for judicial review of what they called 鈥渟ignificant non-compliance鈥 with equalities duties. They said the TRA鈥檚 decision not to collect data on protected characteristics such as age, disability, race and sexual orientation of teachers referred to it made it 鈥渋mpossible to evaluate鈥 how its policies and practices impact different groups. They also want the TRA to publish data on the protected characteristics of members of the public who make referrals. In a statement, the unions said they were in particular 鈥渃oncerned that black and minority ethnic teachers may be overrepresented in referrals to the TRA. 鈥淭here is a concern about the underlying reasons for such referrals and whether they stem from discriminatory stereotypes, such as inaccurately labelling the teachers鈥 behaviour as overly aggressive.鈥 There is 鈥渁lso a concern that, in comparison with heterosexual teachers, the TRA has investigated some LGBTQ+ teachers for alleged sexual misconduct, where there are no grounds for doing so at the referral stage. 鈥淭he unions are also concerned that the TRA is electing to investigate teachers even when the allegations made against them lack merit and are unsupported by evidence, only to drop such cases before the hearing stage.鈥 Prolonged investigations 鈥榯ake a heavy toll鈥 Unions have repeatedly criticised the TRA for how it handles teacher misconduct cases, particularly how long it takes to conclude them. Schools Week revealed last year how two teachers have been waiting more than eight years for their misconduct cases to conclude, with the 鈥渟hattering impact鈥 of lengthy waits having 鈥減otentially devastating implications鈥. And earlier this year the TRA Prolonged TRA investigations 鈥渢ake a heavy toll on teachers, affecting their health, wellbeing, and careers鈥, the unions said. 鈥淚f LGBTQ+ and black and minority ethnic teachers are overrepresented in the TRA鈥檚 processes, they will be particularly affected by this.鈥 They said they had sent a letter before action to education secretary Bridget Phillipson 鈥 who is legally responsible for the TRA 鈥 on April 3. However, they said they 鈥渄id not receive a substantive response within the deadline, so on April 17 the unions submitted a claim for judicial review at the High Court鈥. Unions want data on referrers In their letter before action, the unions said they were told in May 2024 that the TRA was 鈥済oing to review and reconsider its policy on collecting data about the protected characteristics of its service users鈥. In January this year, the TRA informed unions that it would be 鈥渄isproportionate to gather and retain equalities data鈥, and 鈥渁s such, the TRA will continue with its current position not to collect this data鈥. Guidance from the Equalities and Human Rights Commission states public bodies must publish data 鈥渁bout the protected characteristics of your employees and others affected by your work, such as those who use your services鈥. The unions argued that the General Medical Council, the Nursing and Midwifery Council and Solicitors鈥 Regulatory Authority, which 鈥渆xercise very similar functions鈥 to the TRA, 鈥渄o proactively collect and evaluate 鈥榟ard statistical data鈥 in relation to the exercise of their functions鈥. The unions said they believed 鈥渢hat it may also be the case that black and minority ethnic teachers are disproportionately impacted by the TRA鈥檚 processes and procedures鈥. Trojan Horse concerns linger The concern 鈥渋s reinforced by how the TRA鈥檚 predecessor, the NCTL, treated the so-called 鈥楾rojan Horse鈥 teachers鈥. The Trojan Horse affair was an alleged plot by Muslim hardliners to take over state schools in Birmingham. The NCTL misconduct cases against five teachers caught up in the affair were sensationally dropped in 2017 after an 鈥渁buse of justice鈥. During the hearing 鈥渞epeated concerns about race and religious discrimination were raised鈥, the unions said. 鈥淭his included concerns about the propriety of NCTL adopting and relying on witness evidence tainted by race and/or religious discrimination.鈥 The unions want the government to confirm they will collect data on the protected characteristics of those who sit on professional conduct panels, presenting officers and legal advisers, all persons referred to the TRA and even those of members of the public making referrals. The TRA said it 鈥渋nvestigates all alleged instances of serious misconduct by teachers as set out in legislation and our published guidance, irrespective of particular characteristics such as age, disability, race and sexual orientation. 鈥淭RA is mindful of the impact allegations of serious misconduct can have on teachers and has taken steps to reduce the duration of its investigations, including significantly increasing the number of professional conduct panel hearings it holds year-on-year.鈥
Louise 1 May 2025 In a school I worked in, there were only 3 members of staff that were Muslim. All 3 were put on support plans and forced out and given bad references so had to leave the profession. Wording of support plans were same, reasons were same even though subjects were wildly different. I was forced out for whistle blowing so there is a wall of silence now in this academy
1 May 2025 So here we have an idea of some of the reasons why there is a lack of black and ethnic minority teachers in leadership positions. Their careers are highjacked by these referrals. My own experience of interactions with teachers is worrying what I hear. More has to be done to retain trust and support to help aspirations.
Chris Totney 23 September 2025 The TRA has absolutely no idea of the impact that its interminable and unnecessary processes have on teachers. I speak as someone who was informed by the DBS in June 2022 that I am perfectly suitable to continue working in Regulated Activity, after the Police received evidence that my Headmistress had fabricated 14 pieces of false evidence during the school’s involvement in my case – yet I am still waiting for the TRA to recognise this fact more than three years later. Further, significantly increasing the number of professional conduct panel hearings is not where the root of the problem lies: the problem lies at caseworker level, with staff who are hopelessly incompetent at assessing evidence, and who therefore refer cases to a panel hearing even when there is no evidence to support a finding of unacceptable conduct – again, I continue to await the TRA’s recognition of this fact in my case. The organisation in its current form should be torn down and completely restructured.