Panel Consideration Meeting - Virtual Hearing Application - Laura Hislop

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 Panel Meeting was arranged to consider the following:  

• An application made by the Presenting Officer for a Virtual Full Hearing.

By default, GTCS 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.

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, dated 30 July 2024, with appendices
   
   • Appendix B – Application for Virtual Hearing  
2. Teacher’s Response to Application, Dated 30 July 2024

Preliminary Matters  

There were no preliminary matters to consider.

Application

An application dated 30 July 2024 for a virtual hearing was made by the Presenting Officer. The Panel considered the application and submissions made in response which addressed, in particular, the following factors:

• Is the Teacher represented?

The Panel acknowledged that the Teacher would be represented in this case by Claire Raftery of Clyde & co.

• Does the Teacher have any particular needs or vulnerabilities?

The Panel was not made aware of any specific vulnerabilities.  

• How will the Teacher and Representative, if any, communicate during the hearing?

[It will be matter for the Teacher and his/her Representative as to how they will communicate during the hearing.]

• The nature of the proceedings and issues to be determined at the hearing?

It was acknowledged by the Panel that the allegations are not admitted by the Teacher and will therefore commence at Stage One.

• The estimated length of the hearing?

The Panel were informed that the hearing was expected to last 5 days.  

• The extent and complexity of the issues in dispute?

The Panel were informed that there was factual dispute regarding the actions of the Teacher but that the case was not overly complex.  

• Will the hearing take place in public or (partly) in private?

The Panel were informed that the hearing would take place in Public

• The volume of documentation to be referred to during the hearing and how documentation will be provided to witnesses for reference, if required?

The Panel were informed that the combined papers extended to 213 pages at this time and that remote participants will be informed in advance which parts they need to access. Separate bundles will be prepared and sent to individual witnesses.    

• The nature of witnesses to give evidence at the hearing?

The Panel were informed that there were 6 witnesses and that it would be possible for a Panel to reach the same conclusion on reliability and credibility as it would if the evidence was given in person.  

• How long is each witness estimated to give evidence for?

The Panel were informed that it was anticipated that each witness would take no longer than 45 minutes in giving their evidence.  

• Do any of the witnesses have particular needs or vulnerabilities?

The Panel had before them, documentation that highlighted that one witness [redacted] and has requested regular breaks and a supporter to be present when giving her evidence. A Vulnerable witness application will be made in due course

• What confidence is there that each witness will be able to follow questions easily and any documents being referred to?

The Panel were informed that there is a degree of confidence that the witnesses will be able to follow questions, and any documentation referred to.  

• Will all participants at the hearing have access to a suitable electronic device?

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.

• Will all participants have a suitable internet connection capable of coping with the requirements of a virtual hearing?

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.

• Will all participants have an appropriate location from where they can participate alone and undisturbed?  

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.

Decision

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 noted that the Teacher/Representative did not oppose the application. 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 that the balance of the various factors and interests to be assessed in determining the application weighed in favour of granting the application made.

Accordingly, the Panel granted the application for the hearing to take place virtually.