Make an employer referral or recommendation
Employers and former employers can refer teachers to us based on their competence, their conduct and on both their competence and their conduct.
Employers and former employers of college lecturers can only refer on conduct for the time being.
There are separate forms for referring on competence and conduct. If you wish to make a referral on both grounds, please complete both forms:
- For conduct: the Employer Referral form
- For competence: the appropriate Case Overview Report.
We need the following information:
- A summary of the behaviour that resulted in disciplinary investigation (including when the behaviour occurred and where).
- The evidence relevant to the allegation(s), and in particular:
- details of witnesses who were interviewed together with copies of their statements/interview minutes;
- any documentary evidence that was used as part of the investigation.
- A brief summary of the teacher’s position (including any physical/mental health issues (or other mitigating factors) that were raised during the disciplinary process).
- Information on if any of the following agencies have been involved (and if so, any relevant reference numbers):
- Crown Office and Procurator Fiscal Service;
- Disclosure Scotland; and/or
- Care Inspectorate
- If criminal charges have been brought, a note of those charges
- The current employment status of the individual concerned.
- Details of any previous disciplinary incidents (including a summary of the behaviour and confirmation of the outcome of the disciplinary process).
- Any other information that may reasonably be relevant to our investigation.
- If names are redacted in the paperwork, a key must be provided. We will always take care to maintain learner confidentiality. We may need to take our own statements so knowing who is who is important.
All employers of teachers are legally compelled to provide us with information about the teachers that they employ if this is reasonably required in connection with the performance of our functions.
It is not a breach of data protection legislation for information to be provided in these circumstances.
For more information for Employers involved in Fitness to Teach cases, see Advice for Employers involved in Fitness to Teach.
Employers should refer to the Framework on Teacher Competence (FTC) if they have concerns regarding the competence of a fully registered teacher.
This document outlines how such concerns should be addressed by employers. The Standard for Full Registration (PDF 393 KB) (SFR) is the measure for assessing teacher competence.
We can only consider cases relating to the competence of registered teachers in relation to their performance as classroom teachers, in line with the SFR. We cannot consider concerns relating to the competence in terms of their performance in a promoted (e.g. management/leadership) post.
If you would like to refer a teacher who holds Full Registration on competence grounds, please use the documents below.
Documents related to Standard for Full Registration 2021
Teachers holding Provisional Registration
Guidance on making a professional competence recommendation (Teacher with Full Registration)
Provide the following documents when you make a recommendation:
- a completed Case Overview Report
- supporting reports from individuals who managed and observed the competence concerns regarding the teacher
- supporting documents/evidence
This information helps any Panel considering the referral make an informed decision on the appropriate outcome.
How to complete a Case Overview Report
This case study is an example of a completed Case Overview Report.
Part 2 – List of Evidence
In this section, list evidence to support the recommendation that you have made. Include copies of those documents and supporting reports from relevant individuals involved with the competence issues raised.
It is for you to consider what evidence is relevant in the circumstances.
Examples of evidence include:
- teacher observation reports,
- minutes of support meetings (or similar),
- action plans,
- parental concerns and
- teacher planning materials.
Please provide as much relevant evidence as possible to help the Panel consider the case.
Follow these guidelines in submitting your evidence:
- Retain the original evidence.
- Provide documents in chronological order, where possible (this helps to provide a timeline/view of how matters have progressed)
- Ensure documents are in black and white and on loose-leaf A4 paper (no paperclips/staples).
- Use either a one-sided or two-sided format, not a combination.
- Provide your evidence in the order listed.
- Do not anonymise or redact any names from the evidence (unless the redactions were contained in the original paperwork).
- Please consider redacting individuals’ details such as contact details in line with Data Protection requirements
Please send the referral to firstname.lastname@example.org
Part 3 – Assessment of professional practice
In this section, outline in detail the key areas of the teacher’s professional competence in which you believe they are underperforming.
For example, if the areas of concern are behaviour management, planning and classroom organisation/management, use those as headings. Outline why you have formed that view and how far short you consider the teacher to have fallen from the relevant part of the standard.
Please refer to the SFR and the documents listed in Part 2 as appropriate.
If there is one area that you consider impacted all of the other areas of concern, please outline that under the relevant heading.
So a Panel can judge the teacher’s overall competence, please outline any areas in which you consider the teacher to be performing well.
Example Supporting Reports
These example supporting reports can be used as guidance by those asked to write one.
- Case Study Supporting Report James Smith (PDF 112 KB)
- Case Study Supporting Report Jayne Day (PDF 94 KB)
- Case Study Supporting Report Lesley Johnstone (PDF 104 KB)
You can use this template to complete a supporting report.
- Template for Supporting Report (DOC 22 KB)
You must provide supporting reports from key individuals because they provide direct evidence of the concerns. Supporting reports are particularly relevant if a Panel needs to consider a recommendation at a hearing. The Panel can then fully and properly test and evaluate the evidence produced by the employer.
Advice on completing a supporting report
If your employer has asked you to complete a supporting report:
- Write it in your own words as if you were talking someone through what has happened and your involvement;
- Briefly set out your employment history and the role that you performed in the matter, for example, supporter, mentor, or manager;
- Provide a chronology of events, in a narrative format, concerning your involvement, knowledge and assessment of the competence issues raised; and
- Cover areas of concern that you noted and refer to stages one to three of the Framework on Teacher Competence.
Please include the following information:
- Reference to:
- observations of the teacher that you carried out and
- reports completed following those observations.
- Concerning the teacher’s circumstances:
- details of any external factors that might have impacted upon the teacher’s performance (e.g. illness, family or personal problems); and
- information about how the school/employer dealt with these issues.
- If the teacher has a disability, details of:
- what you understand the disability to be;
- when and how you became aware of the disability; and
- any reasonable adjustments (if any) that were made and when.
- Concerning support measures:
- who has supported the teacher and at what level (e.g. local authority, school, department or individual staff);
- measures of support and when you put them in place (e.g. timetable changes, additional classroom support, team teaching, additional support meetings);
- how the teacher interacted with the support measures; and
- details of any measures of support that were discounted or removed and why (e.g. resource issues, support not working).