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Remote hearing and remote witnesses practice statement
Document icon
Remote hearing and remote witnesses practice statement
Remote hearing and remote witnesses practice statement

Considering an application

As well as Rule 1.7.6 noted above, in deciding whether or not to grant the application, a panel should consider the general objective of the Rules, which is to deal with cases fairly and justly. This involves dealing with cases in ways which:

  • are proportionate to the complexity of the issues
  • seek informality and flexibility in proceedings
  • ensure that parties are able to participate fully in proceeding
  • avoid delay, so far as compatible with the proper consideration of the issues.

A panel should also balance all of the relevant factors outlined below and the interests of the parties. A panel must carefully consider the representations that have been made, the reasons for the application and seek the advice of the legal assessor and/or servicing officer as appropriate. However, a panel must also use its own judgement in the particular circumstances of each case.

Remote hearing or hybrid A applications

It is anticipated that a remote hearing would be appropriate for most procedural or temporary restriction order hearings. Greater consideration will require to be given to whether a full hearing should proceed remotely with reference to the factors listed below. Where the teacher is represented and there is agreement between the parties that a remote or hybrid A hearing would be appropriate in the particular case, having considered the factors below, it is generally expected that a panel will attach significant weight to that agreement unless there are exceptional circumstances in which a panel consider that the request would not be ‘just and equitable’.

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Remote participation and remote witnesses

Where all or part of a hearing is to take place in person and an application is made for remote participation (resulting in a hybrid B hearing) or for a witness to give evidence remotely, a panel should consider the following factors, where relevant to the particular application.

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As well as Rule 1.7.6 noted above, in deciding whether or not to grant the application, a panel should consider the general objective of the Rules, which is to deal with cases fairly and justly. This involves dealing with cases in ways which:

  • are proportionate to the complexity of the issues
  • seek informality and flexibility in proceedings
  • ensure that parties are able to participate fully in proceeding
  • avoid delay, so far as compatible with the proper consideration of the issues.

A panel should also balance all of the relevant factors outlined below and the interests of the parties. A panel must carefully consider the representations that have been made, the reasons for the application and seek the advice of the legal assessor and/or servicing officer as appropriate. However, a panel must also use its own judgement in the particular circumstances of each case.

Remote hearing or hybrid A applications

It is anticipated that a remote hearing would be appropriate for most procedural or temporary restriction order hearings. Greater consideration will require to be given to whether a full hearing should proceed remotely with reference to the factors listed below. Where the teacher is represented and there is agreement between the parties that a remote or hybrid A hearing would be appropriate in the particular case, having considered the factors below, it is generally expected that a panel will attach significant weight to that agreement unless there are exceptional circumstances in which a panel consider that the request would not be ‘just and equitable’.

{{highlight-01}}

Remote participation and remote witnesses

Where all or part of a hearing is to take place in person and an application is made for remote participation (resulting in a hybrid B hearing) or for a witness to give evidence remotely, a panel should consider the following factors, where relevant to the particular application.

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  1. Do all remote participants have access to/knowledge of the technology required, including:
    • access to a suitable electronic device, a stable internet connection and the necessary knowledge and confidence to use these? (Wi-Fi strength and bandwidth should be capable of coping with the requirements for a remote hearing).
    • an appropriate location from where they can participate alone, safely and undisturbed?
    • the appropriate means to access documents referred to during the hearing, if applicable?
  2. Can the teacher participate effectively in a remote hearing?
    • Has the teacher had the opportunity to express their views on proposal for a remote or hybrid hearing and have those views been considered?
    • If the teacher is unrepresented, do they have any particular needs or vulnerabilities that would impact on their ability to participate remotely in the hearing or question witnesses who are participating remotely?
    • For those who are represented, will the teacher and representative be able to communicate with each other privately during the hearing itself?
  3. Do the particular circumstances of the case suggest that a remote hearing would be suitable?
    • Is the hearing procedural in nature or is it a hearing that will involve witness evidence? Consideration should be given to the length of the hearing and the extent and complexity of the issues remaining in dispute.
    • Has each party provided the panel with information about the suitability of a remote hearing for each participant or witness? Are there any individual needs to be considered, especially relating to vulnerable or lay witnesses, e.g. health concerns or language barriers?
    • If witnesses are expected to give evidence over a long period of time, are there benefits to witness availability or wellbeing by eliminating travel time to Edinburgh or overnight stays? Conversely, are there drawbacks to witnesses giving evidence for long periods of time remotely?
    • Are there concerns about control of any party or witness in a remote location, including the risk of witness interference while giving evidence or during any breaks?
    • What is the volume of documentation to be referred to during the hearing and how will documents be provided to witnesses for reference, if required? Is it likely that witnesses will be able to follow the questions and any documents being referred to?
    • Is the panel satisfied (based on its own experience/knowledge and the circumstances of the case) that it will be able to sufficiently assess the evidence in a remote hearing? Advice should be sought from the legal assessor and/or servicing officer as appropriate. Helpful information about assessing evidence can be found in the Fact-finding in fitness to teach conduct cases practice statement.
    • Are there any practical difficulties in managing public access to the hearing if it were to be held remotely and can these be overcome?
  4. What are the benefits of a remote hearing balanced against the drawbacks?
    • Will a remote hearing overcome an issue affecting the hearing, such as lengthy travel, ill-health or limited availability?
    • Will a remote hearing save time or reduce overall delay? Consideration should be given to the impact on the teacher of delay caused by scheduling issues and the potential for witness recollection to become eroded over time, as well as the strong public interest in disposing of cases expeditiously.
    • Is it the most effective way of facilitating participation of the teacher or any witnesses? The financial impact on the teacher or witnesses of participating in either an in person or remote hearing may be relevant.
    • Has any unfairness been identified to either party? If so, to what extent and what is the impact?
    • Has the panel considered the different stages of the hearing and the suitability of each part to a remote hearing? Would a hybrid hearing offer a solution to any issues raised?
  • Does the proposed remote participant or remote witness have:
    • access to a suitable electronic device and a stable internet connection and the necessary knowledge and confidence to use these? (Wi-Fi strength and bandwidth should be capable of coping with the requirements for a remote hearing).
    • an appropriate location from where they can participate alone, safely and undisturbed?
    • the appropriate means to access documents referred to during the hearing, if applicable?
  • What is the volume of documentation to be referred to during the hearing and how will documents be provided to the participant or witness for reference, if required? Is it likely that the participant or witness will be able to follow the questions and any documents being referred to?
  • Will remote participation or a remote witness overcome an issue affecting the hearing such as lengthy travel (or any other difficulty associated with travel to our offices in Edinburgh), ill-health, limited availability? · Are there concerns about control of any remote participant or witness in the remote location?
  • Has any unfairness been identified to either party? If so, to what extent and what is the impact?

Additional considerations for remote witness applications

  • Has the panel been provided with information about the needs of the witness? Are there any special measures required for the witness that the panel should take account of e.g. with respect to any health concerns or language barriers? Has the witness been deemed a vulnerable witness?
  • Is the panel satisfied (based on its own experience/knowledge and the circumstances of the case) that it will be able to sufficiently assess the evidence of a remote witness? Advice should be sought from the legal assessor and/or servicing officer as appropriate in the circumstances. Helpful information about assessing evidence can be found in the Fact-finding in fitness to teach conduct cases practice statement.
  • If the teacher is unrepresented, do they have any particular needs or vulnerabilities that would impact on their ability to question a remote witness?
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Contents
1
Introduction
2
Making an application
3
Last minute applications
4
Considering an application
5
Practical arrangements
6
Application forms
Example H2
Example H3
Example H4
Example H5
Example H6
Page content
Pages
Example H2
Example H3
Example H4
Example H5
Example H6
1
Introduction
2
Making an application
3
Last minute applications
4
Considering an application
5
Practical arrangements
6
Application forms
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6
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