26-27/018

We refer to your request for information (FOI 26-27/018) dated 07 August 2026 which we have handled under the Freedom of Information (Scotland) Act 2002 (FOISA). 

Your request:

“As a follow up to 26-27/013 please can you provide the following enhanced information.

Of the 53 cases that had been referred to a full hearing as at 1 July 2026, how many relate to conduct (as opposed to competence)

Of the 53 cases that had been referred to a full hearing as at 1 July 2026, how many include a safeguarding concern

Of the ones which include safeguarding concerns, and were referred to a full hearing before 1 July 2025, what is the reason for the full hearing not having taken place (in each case)

How are the hearings scheduled and if not in date order of referral what considerations are taken into account when doing so?

What considerations are made for the wellbeing of witnesses waiting to give evidence at a hearing and are they kept informed of progress?

What considerations are made for the potential impairment of witness evidence and witness availability following a substantial delay between original referral and full hearing?”

Our response:

By way of initial explanation of our response, section 1 of FOISA provides a right to request information that we hold in a recorded format at the time of the request. It does not provide a right to request answers to questions that a person may wish to ask. However, if we hold information in a recorded format that would answer those questions, in whole or in part, then this would be provided in response to the request for information. Where information is not held, we are required to issue a notice under section 17 of FOISA to that effect. We are not required to record new information under FOISA in order to respond to questions.

Our specific responses to the six parts of your request are provided below.

How many of the 53 cases referred to a full hearing on 1 July 2026 related to conduct.  

53 cases referred to a full hearing on 1 July 2026 related to conduct.  

How many of the 53 cases referred to a full hearing on 1 July 2026 included a safeguarding concern.

We do not hold a record of this information. We have therefore applied s17(1)(b) of FOISA to this part of your request as information is not held. For information, we do not categorise conduct referrals as containing a safeguarding concern or not, and so do not record this information as part of the Fitness to Teach process.  

The reasons why safeguarding cases had not had a full hearing by 1 July 2026.

We do not hold a record of information falling within this description, for the reasons set out above. We have therefore applied s17(1)(b) of FOISA to this part of your request as this information not held.

How hearings are scheduled, if not in date order, by what considerations

We do not hold this information in a recorded form. We have therefore applied s17(1)(b) of FOISA to this part of your request as information is not held. However, we can confirm that hearings are usually scheduled in the order of when a hearing task is submitted by our Regulatory Investigations team to our Business Support team.

Considerations for witnesses waiting to give evidence at a hearing and are they kept informed of progress.  

We do not hold this information in a recorded form. We have therefore applied s17(1)(b) of FOISA to this part of your request as information is not held.  

What considerations are made for the potential impairment of witness evidence and witness availability following a substantial delay between original referral and full hearing?

We do not hold this information in a recorded form. We have therefore applied s17(1)(b) of FOISA to this part of your request (information not held).

Right to review and appeal:

You may request a review of how we have dealt with this information request if you are dissatisfied with this response. This can be done by contacting us at informationgovernance@gtcs.org.uk, describing your original request and explaining the basis for your dissatisfaction. You have 40 working days following the date of receipt of this response to submit a review request.  

Once the review process has been completed, if you are still dissatisfied, you have 6 months in which you can apply to the Scottish Information Commissioner for a decision. See the Scottish Information Commissioner’s guidance on making an appeal for information about how to do this.