Tag Archives: on-line learning

Children’s Wellbeing and Schools Act 2026 – misconduct

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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.

Open college for A Level physics?

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A Labour government pioneered the Open University. Today, another Labour Prime minister will announce what amounts to a type of Open Hospital, where consultations will be on-line after referral.

So far, the DfE seems to be lagging behind in using the on-line technology for the benefit of those unable to study subjects they are interested in studying but are unable to do so, whether because of teacher shortages, or indeed, other reasons.

How about starting with an open college programme for A level physics?

Now the idea of on-line learning isn’t a new one. Indeed, there are already providers out there offering ‘A’ Level Physics on-line, and the idea of correspondence learning has a long and valued history in this country.

However, the State has not traditionally been involved at the delivery level. Perhaps it is time to change that approach. The shortage of teachers of physics means some children either aren’t offered the opportunity to study the subject at ‘A’ Level or are being taught by great teachers but sometimes with sub-optimal subject knowledge and qualifications. Good teaching can overcome these challenges, but some young people may still miss out.

Integrating a national offering through an on-line college would not be without its own problems. Either the on-line timetable drives all other timetabling, or in order to allow everyone access the modules would need be both recorded and delivered live more than once a week.

Practical sessions could be arranged for weekends and holidays, when resources are currently being under-used or not used at all. These sessions would also allow for group learning to take place, although a weekend would not be the same as a summer school.

Initially, any scheme should be offered free to candidates enrolled through a school or college, and the DfE should pick up the production costs. Home schoolers would be offered a competitive fee package.

The college course could also be tailored to help schools that face unexpected staffing challenges, either in-year or between years. I am not sure whether there is currently any evidence about underperformance due to staffing changes and staff sickness.

Would the Institute of Physics lead on such a project? They would seem the obvious candidate to provide the subject expertise. The DfE already has the expertise on advertising and enrolment, gained from nearly a decade of handing applications for teaching courses.

I am sure that there are international examples of this type of work. The obvious one was that of the School of the Air in Australia, where I drooped into the visitor centre last summer. There is also the vast amount of knowledge gained during the covid pandemic that risks being lost as ‘business as usual’ now seems to be the policy. Perhaps BETT could take a theme for the show each year. One year might be, ‘making the best of on-line learning’.

This is very much a thought piece, and I would welcome comments, such as ‘already doing this, but needs wider awareness’ to ‘teaching must always be face to face, and the shortage of teachers of physics is not an issue: move the students to the teachers.’