Bankside Law has been successful in a challenge that the National College of Teaching and Leadership (NCTL) had no jurisdiction to investigate a male private tutor who was allegedly having a sexual relationship with a female pupil. The case was complicated by the fact that the girl was a pupil at the tutor’s previous school. The NCTL, having received a referral from the school, began an investigation into the matter on the basis that the tutor/pupil relationship fell under paragraphs (2) and (3) of the Teachers’ Disciplinary (England) Regulations 2012. The issue was about whether the tutor was carrying out “teaching work”. We persuaded the NCTL that, despite falling within the definition of a teacher when employed by the school, his decision to enter into private tuition meant that he no longer came within the Regulations. As such, the NCTL had no power to pursue an investigation that he was allegedly having a sexual relationship with a pupil and the case was closed. This is an interesting case as it highlights the NCTL’s inability to pursue a referral regarding private tutors.