Making an application

Conduct cases

A remote or hybrid hearing can only proceed on the direction of a panel. In most cases, a remote witness will also require panel approval. Parties should talk to each other as soon as possible about the format of a hearing to see if they can reach an agreement, with consideration of the factors listed below. Before any application is made, it is expected that parties will have ensured that all proposed remote participants or remote witnesses have access to the technology required to participate remotely and a suitable remote location to participate from. The outcome of those enquiries must be included in the application (or opposition, where applicable).

An application should be made by the party (either the teacher or the presenting officer) that wants to use video link or teleconferencing (the ‘requesting party’), following the below procedure.

1. As soon as possible, the requesting party must complete and return the relevant application form (appendix A for remote or hybrid A hearings and appendix B for remote participants resulting in a hybrid B hearing or remote witnesses) or a written application, along with any supporting evidence, to the servicing officer. The application should state if there is agreement between the parties as to the format of the hearing or the remote participation requested. The application must be copied to the other party.
2. The servicing officer can conduct a test of the video link or teleconferencing on the request of either party. Testing is strongly recommended where participants or witnesses are not regular users of the video link or teleconferencing required.
3. The servicing officer will ask the other party to provide a response to the application if it is opposed, along with any supporting evidence, within a specified timescale.
4. The other party will provide the servicing officer with their response to the application (where applicable) and copy this to the other party.
5. The panel will make its decision on the application in accordance with Rule 2.5 or 3.4 as appropriate.

Professional competence cases

In these cases, it is unlikely that there will be a presenting officer. A servicing officer will contact the teacher and/or their representative to advise if we intend to hold the hearing remotely and to provide the teacher or their representative with an opportunity to respond to this proposal. The matter will then be put before a panel to make a decision about whether the hearing should proceed in this way in accordance with Rule 3.4 and with reference to the factors listed below under ‘Considering an application’.

Subsequent registration application and temporary restriction order application hearings

A hearing required for either a subsequent registration application or a temporary restriction order application will be notified to the teacher or their representative with details of the date, time and venue of the hearing in accordance with Rule 4.8 or 2.6.4, as appropriate. The teacher or their representative will be given the opportunity to respond to this proposal