The General Teaching Council for Scotland

Enhancing professionalism in education since 1965

Reprimand with Consent Order - Blair Kirk

Registrant: Blair Kirk
Registration Category: Primary
Date: 19 July 2017

Background

A complaint has been received by the General Teaching Council for Scotland (“GTC Scotland”) that alleges that the Registrant’s fitness to teach is impaired. GTC Scotland’s Investigating Panel has considered this complaint and decided that there is a case to answer. It made this decision because it considered that there was a body of evidence available to suggest that there was a realistic prospect that a Fitness to Teach Panel would establish that the Registrant’s fitness to teach is impaired. The Investigating Panel had particular regard to Parts 1.3, 1.4 and 1.6 of GTC Scotland’s Code of Professionalism and Conduct in reaching this decision.

The Investigating Panel further decided that in the circumstances it was appropriate to issue the Registrant with this Reprimand Consent Order. The Investigating Panel made this decision as it considered that were the case to be heard by a Fitness to teach Panel at a hearing, there is a realistic prospect that the outcome of that hearing would be a reprimand in the terms proposed by this Order. The Investigating Panel also considered that were the Reprimand Consent Order to be agreed and a reprimand imposed, it was unnecessary for the evidence in the case to be tested or investigated further. In making its decision, the Investigating Panel was mindful of the best regulatory practice principle of proportionality as well as the public interest. The Investigating Panel formed its view for the following more detailed reasons:

  • The complaint made does not constitute an abuse of a position of trust;
  • No physical harm has been caused to a child or pupil;
  • The matters at issue have been admitted;
  • The Registrant has demonstrated that he has reflected on the matter, shown genuine remorse and taken steps to address the matters at issue;
  • There is no need to restrict or control the Registrant’s ability to practice the teaching profession in view of the complaint;
  • There is evidence attesting to the Registrant’s good character and history; and
  • A reprimand appropriately indicates to the profession and the public the seriousness of the complaint, therefore maintaining public confidence in teachers and the teaching profession.

Declaration

By signing below, I, the Registrant, declare that:-

  1. I waive my right to a full hearing and admit in full the allegation made against me relating to my fitness to teach that is set out below:
    1. On 19 June 2017, at Stirling Sheriff Court, you were convicted of the following offences:

      On 16 June 2017 on a road or other public place, namely Cowane Street, Stirling you did drive a mechanically propelled vehicle, namely motor car registered number SH12 WHP without due care and attention or without reasonable consideration for other persons using the road or public place and did fail to keep said vehicle under proper control, cause it to collide with a traffic bollard, enter the opposing carriageway and repeatedly collide with the kerb; CONTRARY to the Road Traffic Act 1988, Section 3 as amended

      On 16th June 2017 at Cowane Street, Stirling you did without reasonable excuse, fail to provide two specimens of breath for analysis by means of a device of a type approved by the Secretary of State in pursuance of a requirement imposed under the Road Traffic Act 1988, Section 7, CONTRARY to said Act, section 7(6), and it will be shown that the said specimens of breath were required to ascertain your ability to drive or the proportion of alcohol in your breath at the time you were driving a motor vehicle namely motor car registered number SH12 WHP on 16 June 2017 on a road or other public place, namely Cowane Street, Stirling

  2. I admit that the above means that my fitness to teach is impaired.
  3. I freely and willingly consent to a reprimand being imposed upon me in view of my admission of the allegation set out above. I understand that this reprimand will be recorded against my entry in GTC Scotland’s Register of teachers for an aggregated period of two years from the date of signing.
  4. I have had the opportunity to seek advice from a professional association and from an independent legal representative on the content of this Order and fully understand the importance of so doing.
  5. I understand that the content of this Order will be made available to the public.