Introduction

We conduct our Fitness to Teach panel hearings either in person; in our dedicated hearings suite at our offices in Edinburgh, or remotely. This means that video link or teleconference may be used for all or part of a hearing with the prior approval of a Fitness to Teach panel (‘a panel’).

Rule 1.7.6 of the Fitness to Teach Rules¹ (‘the Rules’) states that:

All or any part of a hearing may be conducted by use of electronic communications provided that –

(a) the Panel has given the parties an opportunity to make representations on the matter and the Panel considers it just and equitable for electronic communications to be used;

(b) the method used allows the parties, the Panel and any witnesses to hear each other; and

(c) where all or any part of the hearing is to be held in public, the method used also allows the public to hear proceedings.

Although the Rules make reference to ‘electronic communications’, in recent years more familiar language has developed around the use of video link and teleconference as a means to participate in hearings. Therefore the terms and definitions used within this document are as follows:

• a ‘remote hearing’ means a hearing where all participants, including a panel, servicing officer and legal assessor, join by way of video link or teleconference for the duration of the hearing
• an ‘in person hearing’ means all participants are in one physical location, being our hearings suite in Edinburgh
• a ‘hybrid hearing’ means
  (A) that different parts of the hearing are held in different formats, and/or
  (B) that different formats are used for different participants, with some participants being in the same physical location, while others join remotely by way of video link or teleconference
• a ‘remote location’ means a location outside of the hearing suite;
• a ‘remote participant’ means any individual participating from a remote location for all or part of the hearing by way of video link or teleconference, such as the teacher or a panel member
• a ‘remote witness’ means any witness who will give evidence via video link or teleconference during an in person hearing. A panel may decide to use this option as a special measure for a vulnerable witness.

The Rules allow for a panel to take a flexible approach when considering the format of a hearing, provided that the use of any video link and teleconferencing is ‘just and equitable’ in the particular circumstances. It is important to note however that in order to have a remote hearing, remote participation or a remote witness, a party must make a specific request for these measures and obtain prior approval of a panel. If such an application is not made (or not approved by a panel), the hearing will take place fully in person with all participants and witnesses required to attend the hearing at our offices in Edinburgh.

This practice statement provides guidance to parties and panels about how a panel will make its decision when an application is received for a remote hearing, a remote participant or a remote witness and should be read alongside the Rules. There are separate documents providing practical advice to remote participants and remote witnesses regarding the use of video link and teleconferencing.

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