It was announced on Tuesday that the defender had withdrawn from the squad due to personal reasons, and manager Gareth Southgate has revealed in a press conference that the defender is unable to play due to the hearing.
The 30-year-old was charged with several alleged betting breaches during July 2019, the same month that he made a high-profile switch from Tottenham Hotspur to Atletico Madrid.
He has denied the charges, but could face a ban of up to six months should he be found guilty.
England play Denmark at Wembley tonight 14 October, and Southgate has expressed his frustration at yet another off-field issue regarding his players.
“There is not a lot I can say about it really, it is not something which is in my control,” said Southgate.
“If I lose focus on the job in hand – there are a million distractions, frankly – so this is another distraction but it is something I have got to plough on through.
“We haven’t got him. I’ve known, I spoke with Kieran last week and the situation is what it is.
“The less I say the better. But what is clear is I don’t have any influence on disciplinary procedure, which I think is correct. I can’t be influencing when things happen or how they play out.”