Panel Consideration Meeting - Decision Cancellation Application - Catharine Porter

Definitions

Any reference in this decision to:

•  ‘GTC Scotland’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 application made by the Teacher’s Representative to cancel the case.

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:

Teacher’s application for case cancellation, dated 9 December 2024 with appendices including:

• Previous application for case cancellation, dated 10 September 2021 and appendices
• Further submissions,dated 12 November 2021
• Previous panel decision, dated 28 January 2022‍
• [Redacted]
• [Redacted]
• [Redacted]
• [Redacted]
• [Redacted]
• [Redacted]
• [Redacted]
• Email from Teacher’s Representative, dated 17 January 2025 confirming no further submissions to be made.
• Presenting Officer’s response to application, dated 8 January 2025.

Preliminary Matters

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 the matter on the papers.

Decision

The Panel noted the allegations as follows:

1.  In or around May-June 2018, whilst employed by [Redacted] as a teacher at [Redacted], the Teacher did:
   (a)  grab Pupil A by the arm and lift him up from the ground after the pupil had accidentally fallen over her feet;
   (b)  pull Pupil B by the leg;
   (c)   forcefully pull Pupil C’s arm; and
   (d)  slap Pupil C on the back of his head

And in light of the above it is alleged that the Teacher’s fitness to teach is impaired and she is unfit to teach as a result of breaching Parts 1.2, 1.3, 1.6 and 2.3 of the General Teaching Council for Scotland’s Code of Professionalism and Conduct.

The Panel also had regard to the Teacher’s current and most recent application as well as her previous application for case cancellation, dated 9 December 2024 and 10 September 2021, respectively. The Panel also regarded the Presenting Officer’s response to the most recent and current application, dated 8 January 2025. The Panel gave careful consideration to [Redacted]

The Panel had regard to the GTCS Case Cancellation Practice Statement 2020, including in which it provides as follows:

2.4  There is no prescribed list of circumstances in which cancellation of a case may be sought.

[Redacted]

The Panel noted that this was the Teacher’s second cancellation application, and therefore, the Panel carefully considered Rule 2.5.3. The Panel noted [Redacted] and, therefore, there has been a material change in circumstances in the case in terms of Rule 2.5.3. The Panel then considered the GTCS Case Cancellation Practice Statement:

5.3  In addition to the general objective, the Panel must be satisfied that agreeing to the cancellation of the case is in accordance with the public interest, which will involve consideration of the following:

• the protection of members of the public (in particular, children and young people), both in terms of the teaching setting and beyond;
• the maintenance of the public’s confidence in registrants and in the integrity of the teaching profession;
• the maintenance of the public’s confidence in GTC Scotland as a professional regulator; and
• the need to declare and uphold proper teaching standards; and
• the deterrent effect that the case may have upon other GTC Scotland registrants.

The Panel also had regard to the GTCS Indicative Outcomes Practice Statement 2018, and particularly to the Public Interest:

Public Interest

Reference is made to the public interest at a number of points in this guidance and it should also be borne in mind throughout the decision making process. Assessing the public interest will involve consideration of the following:

• the protection of members of the public (in particular, children and young people), both in terms of the teaching setting and beyond;
• the maintenance of the public’s confidence in registrants and in the integrity of the teaching profession;
• the maintenance of the public’s confidence in GTC Scotland as a professional regulator;
• the need to declare and uphold proper teaching standards; and
• the deterrent effect that the determination may have upon other GTC Scotland registrants…

However, [Redacted] the Panel took the view that, on balance, the foregoing public interest factors did not weigh in favour of continuing the case.

Accordingly, the Panel decided to grant the Teacher’s application and cancelled the case.