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Making a Referral or Recommendation
For more information on how to make a referral or recommendation, please chose the tab that applies to you.
Any concerns about a teacher’s fitness to teach should first be raised with the teacher and their employer. Most concerns can be quickly and satisfactorily resolved at this local level and there is no need for them to come to us.
When a concern is of a more serious nature, the school or employer will investigate the matter and ultimately make the referral to us where this is appropriate. However, if you are not satisfied with the outcome and still wish to raise a referral please complete the referral form, which can be accessed below.
If you are looking for advice on whether to make a referral, we recommend you speak to your local Citizens Advice Bureau. As we are responsible for investigating and determining the outcomes in cases, it is important that we remain neutral throughout the process so we cannot provide individual guidance and support of this nature.
Checklist: How to make a referral
Guidance for parents making a referral
This guide details the procedures which parents should follow to ensure concerns are addressed at the appropriate level, by the appropriate individuals and at the appropriate time.
FAQs
You can select the referral to be anonymous in the referral form. However, if you do so, and there is not enough information to progress the referral, choosing to remain anonymous means we cannot contact you and the case may be closed. Also if the case progresses we will not be able to contact you with updates.
No, concerns about a teacher’s professional competence should be taken up directly with the teacher and their employer.
GTC Scotland has a duty to ensure that those who are registered meet the standard of professional competence expected of a registered teacher and are fit to teach.
The Standard for Full Registration outlines the standard of professional competence expected of fully registered teachers. This should be read in conjunction with our Framework on Teacher Competence.
Yes, the teacher has a legal right to have sight of any information provided to us in a referral or gathered during an investigation. They may also submit a subject access request in order to access personal information that we hold about them.
No, once a referral has been made to GTC Scotland we are required to consider whether an investigation is required.
Read Stages in the Fitness to Teach process to find out what will happen after a referral is made.
Employers and former employers can make Conduct referrals and Competence recommendations.
They can also make joint referrals and recommendations. If you are an employer and wish to make a joint referral and recommendation, please complete both forms as contained in the relevant dropdown:
- For conduct: the Employer Referral form
- For competence: the appropriate Case Overview Report.
As an employer of a teacher, you must legally refer a care to us if:
- a teacher is dismissed on grounds of misconduct or incompetence
- a teacher resigns or otherwise stops working for the employer in circumstances where, but for leaving that employment, the employer would have or might have dismissed the teacher on grounds of misconduct or incompetence
Employers should not wait for any employment appeals process to be concluded before making the referral but, if such a process is ongoing, this should be pointed out as part of the referral.
An employer can make a referral to GTC Scotland on a discretionary basis at any time if they have serious concerns about the conduct of a teacher, even if formal disciplinary action has not yet been concluded.
Whilst it is a matter for the employer to decide whether it is appropriate to make a discretionary referral, we would expect early referrals to be made by employers by exception in cases where it is considered that the risk is so serious that immediate action needs to be taken by GTC Scotland to restrict the teacher’s registration in the interests of public protection. This would apply in cases where the allegations involved represent conduct that is fundamentally incompatible with being a teacher (for example sexual abuse, violence or child protection matters).
How to make a conduct referral
Information Booklet
Information required
- 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; and
- where a policy is alleged to have been breached, a copy of the relevant policy.
- Police
- Crown Office and Procurator Fiscal Service;
- Disclosure Scotland; and/or
- Care Inspectorate
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 (which includes investigating fitness to teach). This means that it is not a breach of data protection legislation for information to be provided in these circumstances.
Fully Registered Teacher
Employers should refer to the Framework on Teacher Competence (FTC) if they have concerns regarding the competence of a teacher. This document outlines how such concerns should be addressed by employers. It is made clear in the FTC that the Standard for Full Registration (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 ability of teachers in terms of their performance in a promoted (e.g. management/leadership) post.
If you would like to make a recommendation to GTC Scotland regarding the registration of a fully registered teacher, on competence grounds, please use the documentation below.
A competence case considered by an employer at Stage 3 of the FTC before the end of session 2020/21 should be considered under the SFR 2012 and then referred to GTC Scotland by 30 November 2021 for processing under the same version of the Professional Standard.
A competence case considered by an employer which has not reached Stage 3 by the end of school session 2020/21 should be assessed by the employer against the Professional Standards 2021. If the case is subsequently referred, GTC Scotland will also assess the case against the Professional Standards 2021.
Documents related to Standard for Full Registration 2021
Documents related to Standard for Full Registration 2012
Provisionally Registered Teacher
If you would like to make a recommendation to GTC Scotland regarding the registration of a provisionally registered teacher, on competence grounds, please refer to the In2Teaching website for the relevant documentation:
FAQs
Employers can make a referral to us at any time if they are concerned about the conduct of a teacher, even if formal disciplinary action has not yet finished or if the teacher remains in employment but serious concerns remain about his/her fitness to teach. Please consult our Fitness to Teach Threshold Policy for further guidance on the type of cases that we investigate and where it may be appropriate to refer in this way.
We will inform you (after the teacher) of the allegations made and if the matter will be investigated or not. We will inform you so that the teacher can be supported through the process in the employment context. We cannot tell you about any case updates before the teacher is informed.
When a referral is made about a teacher, we will inform the employer listed on the teacher’s register entry at the time of the notification. If the teacher has not updated the record or they move employment during an investigation, you may not be informed. If there is a flag on the Search the Register entry to say they are under investigation, please contact the Regulation team for further details. This information can only be given in writing.