Fitness to Teach conduct cases: indicative outcomes guidance practice statement

Conditional registration order

A conditional registration order imposes specified conditions that the teacher must comply with in order to maintain registration⁹. In the case of applicants for registration, the offer of registration itself may also be made subject to conditions set by the panel . It is for the panel to decide in each case what conditions should be imposed and for what period of time. A conditional registration order is therefore a means of controlling and/or restricting the teacher with a view to ensuring that any corrective action appropriate in the circumstances is taken and that the teacher then maintains their fitness to teach.

A conditional registration order may be the appropriate disposal to impose where the following indicating factors are present:

If a conditional registration order is decided upon, in determining what conditions to impose, the panel should consider:

The panel must also generally be mindful that conditions must be compatible with Article 8 of the European Convention on Human Rights, the right to have respect for privacy and family life.

Example style conditions are provided in the ‘conditions bank’ set out in Appendix 1. Please note that these conditions are intended to be neither prescriptive nor definitive; they are intended to assist in the drafting and preparation process only and should always be considered with careful reference to the guidance set out above.

A conditional registration order may be the appropriate disposal to impose where the following indicating factors are present:

If a conditional registration order is decided upon, in determining what conditions to impose, the panel should consider:

The panel must also generally be mindful that conditions must be compatible with Article 8 of the European Convention on Human Rights, the right to have respect for privacy and family life.

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it is possible to identify specific areas of the teacher’s conduct that are at issue, that are remediable and that could be effectively, appropriately and practically controlled or restricted by imposing a conditional registration order
conditional registration will adequately protect the public (including children and young people, as well as colleagues) from risk of harm
the teacher shows the potential and willingness to respond positively to the imposition of conditions on their registration
the teacher shows sufficient insight to suggest that they will be able to comply with conditions
a conditional registration order appropriately indicates to the profession and the public the seriousness of the matter, therefore maintaining public confidence in teachers, the integrity of the teaching profession and us as a professional regulator

will the teacher realistically be able to comply with the conditions proposed and can the teacher be trusted to do so?
are the conditions proportionate and appropriate in the context of the circumstances of the case?
do the conditions provide the level of public protection required?
will the conditions still be effective even if the teacher’s employment situation changes or has any such change been appropriately accommodated within them?
are the conditions measurable so that they may be monitored effectively?
are the proposed conditions framed so that it is clear what the teacher needs to do in order to comply with those conditions?
re the conditions all directed at the teacher and not elsewhere, for example, at an employer or doctor?
has an appropriate time period been provided for the conditions proposed?

⁹ Rule 2.10.2(b) of the General Teaching Council for Scotland Fitness to Teach Rules 2017

¹⁰ Rule 2.10.2(d) of the General Teaching Council for Scotland Fitness to Teach Rules 2017