S52 of the new Act deals has made changes to the scope of teacher misconduct. Three things to note

The term teacher is still not a reserved occupation term: anyone can still call themselves a teacher., but if they do so, they will more likely now be caught by the widened provision, unless that is they are self-employed offering only tutoring. Should such tutors also be covered by misconduct regulations, or just subject to the general criminal law?

Clause 52 of the Children’s Wellbeing and Schools Act 2026 widens the scope of those within the compass of the new section on misconduct as a teacher to include:

“a person who employs or engages a person to teach at an institution within the further education sector, an independent training provider or an online education provider.”

and hence these ‘teachers’ now become liable to be brought before The Teacher Regulation Agency for a hearing into misconduct

The legislation confirms that action outside of employment may trigger a misconduct hearing

“(3A) For the purposes of subsection (1)(a) or (b) it is irrelevant whether the conduct occurred, or the offence was committed, at a time when the person was employed or engaged to carry out teaching work or at some other time.”

That’s pretty draconian, but not surprising in view of the need for child safety.

Of course, if the on-line provider is outside the United Kingdom, then this provision won’t apply to non-British citizens. Will it apply to British citizens working outside the United Kingdom and working for an on-line provider?

Teaching work has been defined as: “teaching work” means work of a kind specified in regulations under this section (and such regulations may make provision by reference to specified activities or by reference to the circumstances in which activities are carried out).”

So now you know. It could mean almost anything. This may be important now the definition of those subject to regulation has widened.

However, the test remains:

• that it relates to a person who has been employed or engaged to carry out teaching work in England; ……
• that the alleged conduct is capable of amounting to unacceptable professional conduct, conduct that may bring the teaching profession into disrepute or conviction, at any time, of a relevant offence and that a prohibition order may therefore be appropriate.

Will the relevant offence list be the same for someone teaching in a further education setting as for an early years’ setting? I suspect that it will be, since certification as a teacher or lecturer in further education allows anyone to teach anything to anyone or any age.

In my opinion, this makes the need for a definition of a ‘teacher’ or ‘lecturer’ as a reserved term more important. Government could, for instance. Require anyone ‘teaching’ on-line to hold the appropriate ‘qualified’ status. A new qualification for tutoring, both in person and on-line, could be devised to help regulate the industry, at least as far as UK companies are concerned. It would then be up to parents whether they wanted to use a service on-line from overseas and using unqualified staff.