Panel Consideration Meeting - Anonymity Application - Teacher F

Definitions

Any reference in this decision to:

• ‘GTCS’ means the General Teaching Council for Scotland;
• the ‘Panel’ means the Fitness to Teach Panel considering the case; and
• the ‘Rules’ (and any related expression) means the GTCS Fitness to Teach Rules 2017 or refers to a provision (or provisions) within them.

Background

The Procedural meeting was arranged to consider the following:

An anonymity application being made on behalf of the Teacher in relation to the publication of a panel decision regarding the conduct of the Teacher carried out at a panel meeting dated 24 January 2025.

Evidence

In accordance with rule 1.7.17, the Panel admitted all of the documents and statements listed below as evidence for the purposes of the hearing:

• Anonymity application, dated 18 March 2025 with appendices including:
  
  • Letter from [redacted]

The Panel carefully considered the terms of Rule 2.5.1:

At any stage of proceedings, a Panel of its own volition, on the Convener’s direction or upon the application of a party (in such form as may be specified by the Servicing Officer), may:

(a) determine any interim or preliminary matter that has arisen in the case;

(b) resolve any issues of law; or

(c) consider an application for a case to be cancelled.

Unless a party has (in the relevant application) requested that a procedural hearing be held or a Panel considers that such a hearing is necessary in the particular circumstances, the above matters will be considered by a Panel at a meeting based on the written representations made by the parties in compliance with case management directions set for this purpose.

The Panel noted that neither of the Parties requested the procedural hearing in the submissions made. Further to this, the Panel considered that a procedural hearing was not necessary. Therefore, the Panel proceeded to consider decide the matter on the papers.

Decision

The Panel considered the GTC Scotland Privacy an Anonymity Practice Statement (the Practice Statement). The Panel also considered the legal advice provided by the Legal Assessor. The Panel were aware from such legal advice and the Practice Statement that there was a high bar to overcome in persuading a Panel to make an order for anonymity. In other words, orders relating to hearings being held in private or anonymity being conferred should only be made by exception. The Panel’s decision must be consistent with Article 6(1) of the ECHR, which provides the limited circumstances when the press and publicity may be excluded.

The key issue was whether the Teacher should be named. The Panel noted that GTC Scotland were neutral on this matter.

Firstly, the Panel did not accept the jigsaw identification argument set out by the Teacher, as they considered that there was a potential issue of identification in all GTC Scotland cases, and were ultimately not persuaded that granting the application for anonymity on the basis of jigsaw identity passed the high bar set out GTC Scotland’s Privacy and Anonymity Practice Statement.

The Panel next considered the medical evidence provided with the application. Panels must be satisfied that there is a compelling reason for granting such an application in order to protect an individual’s private life. Where intimate or sensitive details of the physical or mental health of a teacher or witness are to be raised as part of a case, this may justify holding part or all of a hearing or decision  in private or granting anonymity in order to protect the privacy of the individual concerned The panel took reference from the detailed guidance provided on this point in the GTC Scotland Health Matters and Medical Evidence Practice Statement.

The Panel carefully considered [redacted].

In its terms the report [redacted]. There was reference to [redacted]. The Panel carefully considered the impact on the Teacher’s life. They considered the potential effect on the Teacher was profound [redacted]. There was no past or ongoing risk to public safety. After careful consideration, the Panel considered that the high threshold had been met in terms of the GTC Scotland’s Privacy and Anonymity Practice Statement.

Therefore, the Panel determined to grant the anonymity application. The Panel determined that the following information be anonymised in any decision document to be published:

• The Teacher’s name;
• The Teacher’s registration number; and
• The name of any school the Teacher taught at.