Panel Consideration Meeting - Virtual Hearing and Vulnerable Witness Application

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 GTC Scotland 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 Presenting Officer for the full hearing to be held virtually; and
• A vulnerable witness application made by the Presenting Officer in respect of the three GTC Scotland witnesses.

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 meeting:

1. Presenting Officer’s Virtual Hearing Application and Vulnerable Witness Application, dated 16 October 2024 with appendices including:
   
   • Appendix B – Application Form for a Virtual Hearing
2. File Note, dated 20 January 2025
3. Email sent to Teacher with Presenting Officer’s application, dated 17 October 2024, with delivery receipt
4. Letter sent to Teacher, dated 1 July 2024, with proof of postage
5. WeTransfer download email, dated 29 April 2024

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 a procedural hearing to take place in person. Further to this, the Panel considered that a procedural hearing was not necessary. Therefore, the Panel proceeded to consider the matter on the papers.

Virtual Hearing Application

Background

By default, GTC Scotland conducts all its Fitness to Teach hearings in person in its dedicated Hearings Suite at its office in Edinburgh. However, in line with Rule 1.7.6, a Fitness to Teach Panel may order that all or any part of a hearing may be conducted by the use of electronic communications provided the method adopted allows the parties, the Panel and any witnesses to attend remotely, and, where the hearing is in public, allows the public to view proceedings.

Electronic communications are commonly used for witnesses to give evidence by participating from a remote location. In addition, an entire hearing may be conducted via electronic communication. Such a hearing is described as a ‘virtual hearing’.

An application for use of electronic communications in relation to a participant taking part in a hearing from a remote location or for a virtual hearing is made by the party who wants to use electronic communication. In certain cases, a proposal is made by GTC Scotland. The relevant procedure and criteria for determining such applications are set out in the Use of Electronic Communications in Hearings Practice Statement.

Application

An application dated 16 October 2024 for a virtual hearing was made by the Presenting Officer. The application and Notice was sent to the Teacher and was received on 17 October 2024. The Teacher did not make any submissions in relation to the virtual hearing and vulnerable witness applications.

The Panel considered the application and the papers provided. The Panel noted the following factors when making its decision regarding the application for a virtual hearing:

• The Teacher is not represented.
• The Panel were not made aware of any particular needs or vulnerabilities in respect of the Teacher
• The Hearing is a full hearing and will determine factual issues in dispute. It is likely to last 5 days and will be heard in public although some parts may be held in private.
• The Hearing bundle is 123 pages long. ‘Mini’ evidence bundles containing any documentation that parties wish to direct witnesses to, will be collated and emailed to witnesses immediately before they are due to give evidence.
• The witnesses are not likely to give evidence for more than 2 hours. The Panel were not made aware of any particular needs or vulnerabilities in respect of the witnesses bar one witness (see vulnerable witness application below).
• It is envisaged that all participants will have access to a suitable electronic device. GTC Scotland are able to carry out test calls ahead of the hearing if required.
• It is envisaged that all participants will have a suitable internet connection. GTC Scotland are able to carry out test calls ahead of the hearing if required.
• It is envisaged that all participants have an appropriate location from which they can join the hearing. In guidance issued to all participants, GTC Scotland make it clear that parties and witnesses must be in a private location where they can be alone and will not be disturbed.

The Panel appreciated that it should balance all of the relevant factors outlined above, the interests of the parties and the public interest in deciding whether or not to grant the application.

The Panel carefully considered the application and submissions made in response to it. The Panel had regard to the Rules and to the Use of Electronic Communications in Hearings Practice Statement as well as the advice, as required, of the Legal Assessor and Servicing Officer.

The Panel decided to grant the virtual hearing application. The Panel noted that the Teacher had not made any representations and that he was not represented. The decision to grant the Virtual Hearing Application was made on the basis of the factors above in that the Panel did not think that having a virtual hearing would affect the fairness of the process. If the Teacher does have an issue with a virtual hearing due to internet connection or concerns over suitable equipment or any other matter, then he should make representations, and the matter can be looked at again by a different Panel.

Vulnerable Witness Application

Decision

The Panel decided to grant the Vulnerable Witness Application in respect of the GTC Scotland witnesses. The application sought to have the witnesses give their evidence virtually and for the witnesses to have a supporter present.

In reaching its decision the Panel took into account the GTC Scotland Witnesses and Hearsay Evidence Practice Statement and Rule 1.7.29 which details the circumstances in which a Panel may treat a witness as a vulnerable witness. These are where the witness is under the age of 18 and/or where the quality of the evidence is likely to be diminished for a variety of reasons including that they are the alleged victim of behaviour of a sexual and/or violent nature.

The allegations are of a sexual nature and therefore the Panel considered that there was a potential for the witnesses to be diminished if they were not treated as a vulnerable witness. The Panel noted that the measures requested were reasonable especially given the hearing is to be heard virtually in any event. The Panel decided to grant the application and to allow the vulnerable witnesses to give their evidence virtually and to have a supporter present when giving said evidence.

The default position of GTC Scotland is that the witnesses' names will be anonymised in the decision and so it is appropriate to apply the anonymity provisions set out in Rule 1.7.3 (b) and (c).