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Fitness to Teach conduct cases: indicative outcomes guidance practice statement
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Fitness to Teach conduct cases: indicative outcomes guidance practice statement
Fitness to Teach conduct cases: indicative outcomes guidance practice statement

Stage 3 - determining outcomes

General principles

Where a determination is made by a panel that an individual is unfit to teach, the law dictates that they must be refused registration or removed from our Register6. As a result, in any case where a panel determines that an individual is unfit to teach, it need not deliberate on which disposal to impose as is envisaged below. This will only be necessary where the panel makes a determination that the teacher’s fitness to teach is impaired (they are falling short of the standards rather than significantly short). The panel will, however, need to decide how long the teacher should be prohibited from applying to be restored to the Register, or from making a further application for registration. This period may not be set at more than 2 years7. The panel should hear submissions from the parties in attendance on the matter before making its decision on the appropriate period with reference to the guidance set out at the section below titled ’Period of prohibition’.

If a panel has decided that a teacher’s fitness to teach is currently impaired (that they are falling short of the standards), it needs to decide what action it is appropriate to take in light of this impairment. The panel will invite those parties present to make submissions on this issue (as it will at stage 1 and stage 2).

In making a decision, a panel should consider and have proportionate regard to:

  • the public interest
  • the interests of the teacher, including any mitigating factor that they may have submitted
  • the particular circumstances of the case, including any aggravating factors

As mentioned, guidance on what consideration of the public interest involves and the factors to take into account is set out above.  

Considering the interests of the teacher, the circumstances of the case and any mitigating or aggravating factors present will include consideration of some or all of the following:

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In considering written references and testimonials submitted in mitigation by the teacher, the panel should consider how recent they are, the nature of the providers and whether the providers were aware of the allegation(s) against the teacher and provided the reference or testimonial knowing that it would be used within the context of Fitness to Teach proceedings.  

In taking account of any insight, remediation, explanation, apology or remorse offered by a teacher, note that there may be cultural differences in the way that these are expressed. The panel’s primary focus should be on whether the teacher has genuinely recognised their failings, has taken or is taking remedial action to address those failings and whether there is a risk of repetition. Those issues should be considered with reference to the evidence provided on them rather than focusing on the exact manner or form in which they may be explained or addressed.

The decision on which disposal to impose should be approached by a panel with holistic and proportionate regard to the principles set out above, the indicating factors identified for the disposals available below and any specific factors that a particular case may present. The principle of proportionality should be applied throughout this decision-making process with the panel asking:

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The balancing of all of the factors involved is entirely a matter for the panel to consider on a case-by- case basis, at its discretion, in order to reach what it considers to be an appropriate outcome in the circumstances.

The panel should bear in mind throughout that, while it is acknowledged that a disposal may have a punitive effect, the primary purpose of a disposal is to be protective and manage the wider, future risk that a teacher poses: disposals are not about punishing teachers for past events. Best regulatory practice indicates that professional regulators like us should only intervene when necessary with the minimum regulatory force required to achieve the desired result.  

In terms of procedure, the panel must consider disposals in ascending order. This means that the panel should work its way up from the least to most severe disposal available. This should also be mirrored in the way that the panel writes up its decision, describing the panel’s consideration of each disposal in turn with an explanation as to why it was or was not considered appropriate.

{{highlight-03}}

General principles

Where a determination is made by a panel that an individual is unfit to teach, the law dictates that they must be refused registration or removed from our Register6. As a result, in any case where a panel determines that an individual is unfit to teach, it need not deliberate on which disposal to impose as is envisaged below. This will only be necessary where the panel makes a determination that the teacher’s fitness to teach is impaired (they are falling short of the standards rather than significantly short). The panel will, however, need to decide how long the teacher should be prohibited from applying to be restored to the Register, or from making a further application for registration. This period may not be set at more than 2 years7. The panel should hear submissions from the parties in attendance on the matter before making its decision on the appropriate period with reference to the guidance set out at the section below titled ’Period of prohibition’.

If a panel has decided that a teacher’s fitness to teach is currently impaired (that they are falling short of the standards), it needs to decide what action it is appropriate to take in light of this impairment. The panel will invite those parties present to make submissions on this issue (as it will at stage 1 and stage 2).

In making a decision, a panel should consider and have proportionate regard to:

  • the public interest
  • the interests of the teacher, including any mitigating factor that they may have submitted
  • the particular circumstances of the case, including any aggravating factors

As mentioned, guidance on what consideration of the public interest involves and the factors to take into account is set out above.  

Considering the interests of the teacher, the circumstances of the case and any mitigating or aggravating factors present will include consideration of some or all of the following:

{{highlight-01}}

In considering written references and testimonials submitted in mitigation by the teacher, the panel should consider how recent they are, the nature of the providers and whether the providers were aware of the allegation(s) against the teacher and provided the reference or testimonial knowing that it would be used within the context of Fitness to Teach proceedings.  

In taking account of any insight, remediation, explanation, apology or remorse offered by a teacher, note that there may be cultural differences in the way that these are expressed. The panel’s primary focus should be on whether the teacher has genuinely recognised their failings, has taken or is taking remedial action to address those failings and whether there is a risk of repetition. Those issues should be considered with reference to the evidence provided on them rather than focusing on the exact manner or form in which they may be explained or addressed.

The decision on which disposal to impose should be approached by a panel with holistic and proportionate regard to the principles set out above, the indicating factors identified for the disposals available below and any specific factors that a particular case may present. The principle of proportionality should be applied throughout this decision-making process with the panel asking:

{{highlight-02}}

The balancing of all of the factors involved is entirely a matter for the panel to consider on a case-by- case basis, at its discretion, in order to reach what it considers to be an appropriate outcome in the circumstances.

The panel should bear in mind throughout that, while it is acknowledged that a disposal may have a punitive effect, the primary purpose of a disposal is to be protective and manage the wider, future risk that a teacher poses: disposals are not about punishing teachers for past events. Best regulatory practice indicates that professional regulators like us should only intervene when necessary with the minimum regulatory force required to achieve the desired result.  

In terms of procedure, the panel must consider disposals in ascending order. This means that the panel should work its way up from the least to most severe disposal available. This should also be mirrored in the way that the panel writes up its decision, describing the panel’s consideration of each disposal in turn with an explanation as to why it was or was not considered appropriate.

{{highlight-03}}

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  • the seriousness of the matters with reference to COPAC, as well as public interest considerations
  • whether there has been an abuse of a position of trust for personal gain (this includes any position of trust held by a teacher both inside and outside of the workplace) and/or harm caused to a child or learner
  • whether there is an indication of a pattern of behaviour or more than one incident as opposed to an isolated incident or set of events
  • whether the matters at issue are remediable
  • the extent to which the behaviour or act was deliberate and intended (a deliberate behaviour or act is more likely to happen again and is therefore more likely to be serious)
  • the  character  and  previous  history of  the  teacher  (including  references/testimonials  and the absence or presence of previous convictions/adverse fitness to teach or similar findings)
  • whether  any  disability,  illness,  particular  inexperience,  vulnerability,  duress,  or  other  similar mitigating factor has been made evident in the explanation of the facts or circumstances surrounding the matters
  • whether the teacher has admitted the matters at issue
  • whether the teacher has reflected and demonstrated insight, shown genuine remorse and taken steps to properly address matters (see further explanation of insight on page 5)
  • does the proposed disposal address appropriately and sufficiently any public protection concern identified?
  • does the proposed disposal take account of and appropriately and sufficiently address the public interest?
  • is the proposed disposal the least restrictive means of achieving the level of public protection required?
  • does the proposed disposal address all of the facts found proved that have led to the fitness to teach impairment finding?
  • is the proposed disposal proportionate to the facts found proved that have led to the fitness to teach impairment finding, striking an appropriate balance between public protection and/or the public interest and the rights of the teacher?

6 Article 18(2) of the Public Services Reform (General Teaching Council for Scotland) Order 2011

7 Rule 2.10.6 of the General Teaching Council for Scotland Fitness to Teach Rules 2017

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Contents
1
Process flowcharts
2
Introduction
3
Public interest
4
Full hearing conduct cases
5
Stage 2 - determining fitness to teach
6
Stage 3 - determining outcomes
7
Reprimand
8
Conditional registration order
9
Conditional registration order and reprimand
10
Removal of registration or refusal of application for registration
11
Appendix 1 - conditions bank
12
Appendix 2 – summary of relevant case law
Example H2
Example H3
Example H4
Example H5
Example H6
Page content
Pages
Example H2
Example H3
Example H4
Example H5
Example H6
1
Process flowcharts
2
Introduction
3
Public interest
4
Full hearing conduct cases
5
Stage 2 - determining fitness to teach
6
Stage 3 - determining outcomes
7
Reprimand
8
Conditional registration order
9
Conditional registration order and reprimand
10
Removal of registration or refusal of application for registration
11
Appendix 1 - conditions bank
12
Appendix 2 – summary of relevant case law
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