Information Booklet for Teachers who have been referred for Fitness to Teach Panel Complaint proceedings

Transcription

1 Information Booklet for Teachers who have been referred for Fitness to Teach Panel Complaint proceedings 1

2 Contents Introduction... 4 Other key documents... 4 Corresponding with LAS... 5 Representation and other support... 5 Referral to a Fitness to Teach Panel... 7 What is a Fitness to Teach Panel and what are Fitness to Teach Panel proceedings?... 7 The Role of Legal and Adjudication Services (LAS)... 7 The case management procedure and preparing your case... 8 The Purpose of the case management procedure... 8 Standard case management directions... 8 Case management discussions... 9 Preparing your case Preparing for Stage 1 The Facts alleged in the Complaint Preparing for Stage 2 Fitness to Teach Preparing for Stage 3 Disposal Practical Arrangements and Participation Witness evidence and cross examination Producing witness statements Witness evidence and attendance Cross Examination Types of hearings Temporary Restriction Hearing Procedural Hearing Full Hearing Notice of hearings Notice Periods Setting Hearing Dates If you can no longer attend the hearing The Notice

3 The Hearing Day Arrival at GTCS Disability Who attends the hearing? Room Layout Expected behaviour The Full Hearing Opening the Hearing and Preliminary Issues Reading of the Complaint and Respondent s admissions Stage 1 the facts alleged in the Complaint Stage 2 Fitness to Teach Stage 3 Disposal Decision notice and appeals PVG referrals Glossary of terms GTCS contact information Useful contacts

4 Introduction The principal aims of the General Teaching Council for Scotland (GTCS) are to: contribute to improving the quality of teaching and learning; and maintain and improve teachers professional standards. In implementing those aims, GTCS is required to carry out investigations regarding the fitness to teach of teachers registered with it and also those applying to be so registered. The Legal and Adjudication Services department (LAS) is responsible for the running of Fitness to Teach hearings, similar to a court or tribunal service. It is not a party to the proceedings (i.e. presenting a case against a teacher at a hearing) and plays no role in the investigative or decision-making process. Your case will be allocated a Servicing Officer within LAS so that you have a dedicated point of contact through the adjudication of your case. The aim of this booklet is to provide you with: an overview of fitness to teach proceedings details of each stage of proceedings and the types of hearings that you might encounter information regarding where you might find assistance and support a glossary of terms which you will encounter in this booklet and throughout the process (please see page 29) Other key documents The processes followed by the Fitness to Teach department and LAS are laid down by the Fitness to Teach and Appeals Rules 2012 ( the 2012 Rules ). You should familiarise yourself with these Rules. You should note that the overriding objective of the 2012 Rules is to enable cases to be dealt with fairly and justly (which includes dealing with cases in a way which is proportionate to the complexity of the issues, seeks informality and flexibility, ensures that parties are able to fully participate in proceedings and avoids delay, so far as possible). There are a number of Practice Statements on various topics which you should read and which may be of assistance to you throughout the process. You will note that there are a number of forms to be completed either by you or GTCS throughout the proceedings. The current or previous versions of the GTCS Code of Professionalism and Conduct ( COPAC ) and/or the GTCS Standards for Registration will also be relevant as they are used in determining whether an individual is fit to teach or not. You may also want to take some time to look at the hearings section of the GTCS website which displays all of the relevant rules and practice statements as well as information about upcoming hearings and previous hearing decisions. 4

5 Corresponding with LAS Please note that where possible we will send all correspondence to your registered address unless you do not have one or if we do not receive a response from you, in which case we will use your registered postal address. It is your responsibility to ensure that we have your current contact details. We hope that this booklet will answer any queries that you may have. However, if you require any further assistance, please contact the Servicing Officer appointed in your case. Alternatively, please telephone and ask to speak to LAS or hearings@gtcs.org.uk. Representation and other support You have the right to represent yourself throughout the process and we would strongly encourage you to participate in the process. It is advisable to instruct a representative (who does not require to be legally qualified) or to seek advice on the case against you to help you represent yourself. There are a number of options available to you in obtaining representation, which are: if you are a member of a Union/Professional Association, they may be able to represent you throughout the process (see page 33 for contact details) a solicitor who has experience of Fitness to Teach (or professional regulatory) hearings: the Law Society of Scotland may be able to assist you in identifying a solicitor (see page 33). If you are worried about how you would be able to pay a solicitor s fees, check whether you have legal cover through any of your insurance policies through the Citizen s Advice Bureau (see page 33); or a family member or friend confident in carrying out this kind of role. Although a representative who is legally qualified and/or who has appropriate and relevant experience would be best placed to assist you in preparing and presenting your case, if you do not appoint a representative, you may have a supporter (for example a family member or friend) assist you during the process (including at any hearing) and to provide you with personal and practical support. You might also find the below organisations of assistance in offering practical and emotional support. Teacher Support Network and Recourse believe that nobody working in education should have to cope with emotional strain alone, which is why we re always here to listen. Our dedicated helpline, the only one of its kind in the UK, is open 24 hours a day, seven days a week, and is free to use. Our trained counsellors provide a range of emotional and practical support and our debt advisors can help you with financial worries and issue emergency grants for teachers, lecturers and administration staff. Call us on , us at support@teachersupport.info or download our practical guides at Turn2us ( ) is a free service that helps people in financial need to access welfare benefits, charitable grants and other financial help. Turn2us works in partnership with Teacher Support Scotland regarding financial concerns of teachers. 5

6 Flowchart of the hearings process Case referred to LAS for fitness to teach complaints proceedings Referral for a Full Hearing Referral for a Temporary Restriction Hearing Case management process: A) Presenting Officer discloses case B) Respondent discloses case Notice of Full Hearing (28 days before the hearing) Full Hearing (see page 18) 1) Facts alleged in the complaint 2) Fitness to Teach 3) Disposal Procedural Hearing (if required). See page 18. Notice of Temporary Restriction Hearing (7 days before the hearing) TRO consented to TRO not consented to Temporary Restriction Hearing. See page 17. TRO imposed TRO not imposed Decision of the Panel issued within 14 days Process concluded 28 day appeal period Substantive process continues 6

7 Referral to a Fitness to Teach Panel When a case is referred for Fitness to Teach Panel proceedings, this is when LAS becomes involved. What is a Fitness to Teach Panel and what are Fitness to Teach Panel proceedings? Once your case is referred for Fitness to Teach Panel proceedings, your case will ultimately proceed to a full hearing before a Fitness to Teach Panel. The Panel itself will be made up of at least three members from the pool of independent panel members. Each panel includes a mixture of teacher and lay (non-teacher) members and will have a majority of teacher members. A Fitness to Teach Panel s role is to hear your case, consider it and decide a) whether or not the Complaint alleged against you has been proved, partially proved or not proved, b) if some or all of the Complaint alleged against you has been proved, whether your fitness to teach is impaired or you are unfit to teach, and c) if your fitness to teach has been found to be impaired or you are unfit to teach, the appropriate outcome in your case. The Role of Legal and Adjudication Services (LAS) LAS is impartial and plays no role whatsoever in preparing the case against you. The main purpose of LAS is to provide a fair hearings process in line with the 2012 Rules and to provide procedural advice and support to the Panel. When your case is referred, a Servicing Officer and Convener will usually be allocated to it. The Servicing Officer will be your main point of contact throughout the process. The Servicing Officer is impartial and has had no previous involvement in your case. When your case is referred for Fitness to Teach Panel proceedings, the Servicing Officer does not have access to the documentation and information that was previously considered by the Investigating Panel; the only information held by LAS when your case is referred is: Your details The date of referral An outline of the Complaint alleged against you The details of the Presenting Officer (this is who will investigate the Complaint and present the case against you at the hearing) 7

8 The case management procedure and preparing your case The Purpose of the case management procedure Following referral, your case will follow the case management procedure. This procedure is designed to ensure that your case progresses smoothly towards a full hearing, that documents and statements are shared between parties, and that any issues can be identified and dealt with before the full hearing so that there are no surprises on the hearing day. The Servicing Officer will be able to answer any questions that you may have about the case management or hearings procedure. However, due to the impartial nature of LAS, the Servicing Officer is unable to support you in preparing your case or provide specific guidance on the evidence you might want to gather. More information about preparing your case can be found in the case preparations section. The aim of the case management process is to: help parties understand what hearings involve so that they are able to participate fully in proceedings manage parties in the lead up to a hearing so that everyone is preparing in line with a timescale that minimises delay identify what can be agreed between the parties while at the same time identifying what remains in dispute so that what the hearing needs to focus on is clear to everyone facilitate the smooth running of hearings generally and make the best possible use of hearing time The first stage in the case management process is for both parties (you and the Presenting Officer) to prepare and disclose their cases (i.e. what each the allegation or what the response to the allegation is, and what evidence is to be relied upon in support of that position). This is achieved in almost all cases by issuing standard case management directions to both parties. Standard case management directions Standard case management directions are issued to you and the Presenting Officer and usually: Specify a date by which the Presenting Officer must complete his or her Notice of Case Form and provide it to you and the Servicing Officer together with any statements or documents upon which they intend to rely at the full hearing Specify a date (some time after the date set for the Presenting Officer to give you a fair opportunity to consider the case against you) by which you or your representative must complete your Notice of Case Form and provide it to the Presenting Officer and Servicing Officer together with any statements or documents upon which you intend to rely at the full hearing 8

9 The Presenting Officer s Notice of Case Form asks him/her to: Specify the Complaint that has been alleged against you Provide a list of documents and witnesses on which he or she proposes to rely Provide copies of any documents and witness statements he or she has obtained Indicate whether there are any preliminary matters that he or she wishes to raise. For example, does he or she intend to make any vulnerable witness applications? Your Notice of Case Form asks you or your representative to: Indicate whether you admit any or all of the Complaint Indicate whether you admit that your fitness to teach is impaired or that you are unfit to teach Provide a list of documents and witnesses on which you propose to rely Provide copies of any documents and witness statements you have obtained Indicate whether there are any preliminary matters that you wish to raise. For example, do you intend to make an application for all or any part of the hearing to be held in private? Case management discussions When matters regarding the preparation of the case require to be discussed, normally a case management discussion (CMD) will be arranged by the Servicing Officer. There can be a number of CMDs during the run up to a full hearing. The purpose of a CMD is to discuss preparations for the full hearing and ascertain whether there are any issues that require to be addressed in advance of that hearing. Any questions which either party has in relation to the process of the hearing should normally be asked at these discussions (although parties can ask the Servicing Officer any questions at any time) and information should be passed between the parties at them. It is important to note that CMDs do not consider the merits of a case; that is a matter for the Panel at the full hearing after the Panel members have considered all of the evidence. Discussions at CMDs will centre on what preparations have been completed by each party and what further work requires to be undertaken with a view to getting everyone ready for the full hearing. The people involved in a CMD are: you and/or your representative the Presenting Officer the Convener (unless the Convener has delegated responsibility for chairing the CMD to the Servicing Officer) the Servicing Officer You have the right to participate in any CMD in your case and you also have the right to appoint a representative to participate on your behalf or alongside you. You will be provided with a formal notice from the Servicing Officer of any CMD which is to take place in your case at least seven days before the CMD. You should note that if you do not participate in a CMD, the discussion may proceed without you. 9

10 CMDs are held in private and usually take place by way of conference call. The following provides an overview of what usually happens at a CMD: All participants will be asked to introduce themselves the Convener/Servicing Officer will provide a summary of what has happened in the case to date (such as when the case was referred to a Panel, when previous case management directions were issued and what evidence each party has stated that he or she wishes to rely upon at the hearing) the Convener/Servicing Officer will then run through a series of questions and will thereafter consider what next steps are required the Convener/Servicing Officer may issue case management directions and any such directions will be issued to both parties by the Servicing Officer, in writing, within 7 days of the CMD. A CMD may result in the Convener making case management directions and/or arranging another CMD to allow one or other party further time to prepare his or her case. For example, directions may include things like a request that a party provides a certain document, that particular investigations are carried out or that each side confirm the availability of their witnesses for the full hearing, all within specified timescales. In addition to case management discussions, you or your representative may discuss the case directly with the Presenting Officer at any point, reporting back any issues arising or matters of agreement to the Servicing Officer. 10

11 Preparing your case As stated previously, LAS are unable to provide you with specific support or assistance in preparing your case. We would recommend that you seek independent advice from a legal representative or professional association. However, you may find the general guidance below of assistance. Before you start preparing your case, you should read remainder of this booklet and in particular the section about the full hearing as it describes how the process works on the hearing day and explains what happens at each stage. You should take some time to carefully consider the Complaint and all of the evidence that has been provided by the Presenting Officer. After you have done so, a good place to start preparing your case might be to write down your response to the Complaint. You should remember to focus specifically on the Complaint as it has been set out by the Presenting Officer as GTCS Fitness to Teach Panel proceedings are independent of any other process that you may have already been through (e.g. a disciplinary process through your employer). The complaint is usually specified in two parts: the first part sets out the specific conduct or competence facts alleged against you; and the second part will specify whether, as a result of the facts alleged in the first part, your fitness to teach is impaired or you are unfit to teach with reference to the GTCS Code of Professionalism and Conduct (COPAC) and/or GTCS Standards for Registration. For example: Part 1 The facts alleged in the Complaint Whilst a Registered Teacher and employed at Clerwood House High School you did: a) Submit a false result to the SQA for Pupil A (an S4 pupil in your French class at Clerwood House High School) in that you told the SQA that Pupil A had passed an assessment when in fact you knew that she had not; b) On several occasions between 27 February 2014 and 7 June 2014 engage in inappropriate communication with Pupil A by use of Facebook; c) On 13 May 2014 meet Pupil A alone outside of school and kiss Pupil A and engage in sexual activity with Pupil A Part 2 Fitness to Teach And in light of the above, it is alleged that your fitness to teach is impaired an you are unfit to teach as a result of breaching Parts 1.3, 1.4, 1.5 and 1.6 of the General Teaching Council for Scotland s Code of Professionalism and Conduct. 11

12 As you will see from the full hearing section, the hearing is separated into distinct stages: Stage 1, the Facts alleged in the Complaint ; Stage 2, Fitness to Teach ; and Stage 3, Disposal. At each stage of the hearing, each party has the opportunity to present relevant evidence and make submissions to the Panel. Preparing for Stage 1 The Facts alleged in the Complaint The first stage of the hearing deals with the facts alleged in the Complaint. The Fact Finding in Fitness to Teach Panel Proceedings Practice Statement is relevant and can be found here. At the hearing the Panel will determine whether all or some of the facts alleged in the Complaint are proved. A fact will be found proved on the basis of the balance of probabilities. This means that a fact will be found proved if a Panel determine that, having considered all of the evidence, it is more likely than not to have occurred. This is the civil standard of proof and is different from the standard used in proving criminal charges where a fact will only be treated as proved if it is proved beyond reasonable doubt. The burden of proof rests with the Presenting Officer which means that it is for the Presenting Officer to prove the facts alleged in the Complaint; you are not required to prove anything. If the facts alleged in the Complaint relate to a conviction, an extract conviction or copy of the certificate of conviction certified by a competent officer of the relevant court will be conclusive proof of the conviction and any findings upon which the conviction is based will be admissible as evidence of those facts. The only evidence that you may present to challenge a conviction is evidence that you are not the person named in the certificate or extract conviction. You can still provide evidence at stages 2 and 3 of the process following the information in the relevant sections below. Where the facts alleged in the Complaint do not relate to a conviction, you will need to consider what your position is in relation to the facts alleged in the Complaint; you may want to start by asking yourself, are the facts alleged in the Complaint true? 1. If you admit the facts alleged in the Complaint in full... If you admit the facts alleged in the Complaint in full, the hearing of your case would proceed directly to the second part of the hearing, which relates to your fitness to teach. This means that you need not carry out preparations in response to the facts alleged in the Complaint, but can still produce evidence and make submissions at stages 2 and 3. If you admit the facts alleged in the Complaint in full and do not want to continue teaching, the Removal with Consent procedure is open to you. This is a way of removing yourself from the Register of Teachers without the need for a full hearing. If this is something you think that you might be interested in you should read the Removal with Consent Practice Statement. 12

13 2. If you dispute some or all of the facts alleged in the Complaint You can dispute all of the facts alleged in the Complaint, or you can admit some aspects of the Complaint, but dispute others. For example, to continue with the example above, you might deny allegations (a) and (c) but admit that you did communicate with Pupil A on Facebook as described in allegation (b). You can also even partly admit an allegation so, for example, you might admit that you sent a message on Facebook to Pupil A but not that you did so more than once (as allegation (b) sets out). If you dispute some or all of the Complaint you will need to consider how you wish to prepare and present your case in relation to the facts alleged in the complaint. The following may assist you in that process: Clearly specify which parts of the Complaint you admit and which parts you do not admit in the Notice of Respondent s Case Form Provide your version of events by way of a signed witness statement (please refer to the witness evidence and cross examination section for more information). If you do intend to provide evidence yourself, this means that you may be cross examined by the Presenting Officer. You are not required to give evidence and, if you do not wish to do so, you may still present your case by producing other evidence e.g. other people s witness statements or documentary evidence, cross examining witnesses for the Presenting Officer and making submissions. Identify whether there are any witnesses that would be able to support your version of events and/or contradict evidence for the Presenting Officer. Please refer to the witness evidence and cross examination section for more information Consider whether there are any documents or other pieces of evidence that you would like the Panel to consider in support of your version of events and/or to contradict the evidence put forward by the Presenting Officer Consider whether you have any questions that you would like to put to any of the witnesses that have provided statements to the Presenting Officer. If so, you can request that that witness attend the hearing so that those questions can be put to the witness in cross examination. Please refer to the witness evidence and cross examination section for more information Consider working with the Presenting Officer to prepare a Joint Statement of Agreed Facts if there are aspects of the case that can be agreed. This is something that may be discussed at a CMD and may potentially focus the issues to be dealt with at the full hearing. The evidence at this stage of the hearing should be relevant to the facts alleged in the Complaint. Evidence relating to your character and/or previous history usually only becomes relevant at later stages of the hearing. If you have any concerns about the relevance of evidence to a particular stage of the hearing, this is something that can be discussed at a case management discussion. 13

14 Preparing for Stage 2 Fitness to Teach If some or all of the Complaint alleged against you is found proved (or you admit the facts alleged in the Complaint), the hearing will proceed to Stage 2, the Fitness to Teach stage. The Panel will need to determine whether or not, as a result of the facts proved, your fitness to teach is impaired or you are unfit to teach. You can find detailed information about this stage of the process in the Indicative Outcomes Guidance and you should find this helpful in considering how to prepare for this part of the hearing. In deciding what you might say and present at this stage, you may want to start considering the key issues set out on the next page. 1) Fitness to teach at the time the incident(s) in the Complaint occurred... a. Do the conduct or competence issues described in the Complaint mean that you fell short of the standards expected of a Registered Teacher at the time? b. Why or why not? If you did fall short, to what extent? c. Is there any evidence that you would like the Panel to consider in relation to the above? 2) Current fitness to teach a. If you did fall short of the standards expected of a Registered Teacher at that time, is your fitness to teach currently impaired or are you currently unfit to teach? b. If not, what has happened in the intervening period that means that you no longer fall short, or no longer fall significantly short, of the standards expected? c. Is there evidence to support this? 14

15 3) Wider public interest a. Is there a wider public interest in a finding of impairment or unfitness to teach being made as a result of the proved allegations? For example, would the public be shocked if a finding of impairment or unfitness to teach were not made or would the public confidence in teaching as a profession be undermined if such a finding was not made? Preparing for Stage 3 Disposal If you are found to be unfit to teach, the Panel must direct that your name be removed from the Register. In addition, the Panel must also decide the length of time you will be prohibited from making an application to be re-registered. You have an opportunity to present evidence and/or make submissions in relation to this and you should consider in advance what you would like to say to the Panel if the hearing reaches this stage. If your Fitness to Teach is found to be impaired, the Panel will have a range of options available to it and you will have the opportunity to present evidence and make submissions in relation to the appropriate disposal in your case. You should consider in advance what you would like to say. You should refer to the Indicative Outcomes Guidance for more information about the disposals available to a Panel and the factors a Panel considers when reaching its decision. Practical Arrangements and Participation As explained in an earlier section, LAS is keen to ensure the full participation of Respondents and any witnesses in the hearings process. As part of preparing your case you should consider whether there are any practical or special arrangements which would allow you (or any witnesses) to participate better in the process. For example: How will you/witnesses get to the hearing - would consecutive or spaced out hearing days be better (if the hearing is likely to last more than one day)? Do you or any of your witnesses have an illness or disability that may impact on attendance and participation at the hearing? If so, are there any special arrangements that could be put in place to support attendance and/or participation (e.g. the use of video links or shorter hearing days)? Issues of this kind may be raised as part of the case management process at a case management discussion or at any time by contacting the Servicing Officer. 15

16 Witness evidence and cross examination Producing witness statements If you have identified any witnesses that may be able to support your case, you/your representative should discuss this with them and, if they are willing to give evidence, you should obtain appropriate witness statements (the below also applies to you if you want to provide your own statement). All witness statements should meet the requirements for witness statements which are set out at Rule of the 2012 Rules. A witness statement must normally: Specify the name and address of the witness Specify the occupation of the witness Set out the events described in an ordered manner, preferably in chronological order Describe which of the statements are made from the witness s own knowledge and which are matters of belief (hearsay) Specify the source for any matters contained in the statement that are of belief Include a statement that the witness believes the facts stated are true Be signed and dated by the witness You should make any witnesses aware of the following: They may be asked to attend the hearing to give evidence in person. If they do attend the hearing, it is highly likely that they will be cross examined by the Presenting Officer, and they may also be asked questions by the Panel. Full hearings are held in public and normally all witness statements are read aloud at the hearing Their name and a summary of their evidence will be included in the final decision of the Panel which will be available publically (unless an application for anonymity has been made and has been granted by a Panel) Witness evidence and attendance A signed witness statement may stand as that witness evidence in chief, which means that that witness would not usually require to attend the hearing to give evidence in person. However, that witness may be required to attend the hearing for cross examination or if there is a specific reason that his/her evidence requires to be given in person. If a witness does not attend the hearing then his/her statement should usually be read aloud for the record by the party that produced the witness statement. You should familiarise yourself with the GTCS Witnesses Attending a Fitness to Teach Panel Hearing to Give Evidence fact sheet and provide a copy of it to any witnesses you are bringing to the hearing to give evidence in person. 16

17 A witness will be shown to the hearing room when it is time for his/her evidence. The process for witness evidence is as follows: Evidence in chief Cross examination Re-examination Panel member quuestions As evidence in chief, a witness should usually read aloud his/her signed statement. In addition to reading his/her signed statement, the party that has brought the witness to the hearing may ask some questions and the witness may amplify his/her witness statement; for example, if in his/her witness statement the witness describes Person A as angry, the witness may amplify this by describing specifically what Person A was doing that made him/her appear angry. At this stage, a witness may also give evidence about new matters which have arisen since the witness statement was produced. Cross Examination Cross examination is an opportunity for the other party to test the veracity of a witness evidence and to put forward his/her case. Cross examination might involve asking a witness: to provide clarification of something that is not clear to you from his/her evidence to comment on inconsistencies in the evidence in his/her own evidence or between his/her evidence and another piece of evidence involved in the case if what he/she is saying is true about new points not covered in his/her evidence If you are representing yourself and you intend to cross examine any of the Presenting Officer s witnesses you should prepare your questions in advance and make notes of any additional questions arising from evidence in chief. If you are representing yourself and a witness has been designated by a Panel as a vulnerable witness, if the complaint is of a sexual nature and the witness is an alleged victim, you will not be able to cross examine the witness. In these circumstances, the Panel will decide who will carry out cross examination of the witness. Cross examination should involve specific questions being put to a witness in a clear, calm and reasonable manner followed by an opportunity for the witness to respond fully and as he/she wishes without interruption. Cross examination is not a debate or discussion between the witness and the cross-examiner. It is open to the party who has brought the witness to the hearing to object to a question or line of questioning during cross examination. The Panel will hear from both parties about the objection (usually the witness will be removed from the room at this point), receive the advice of the Legal Assessor and then decide whether or not to uphold the objection. 17

18 It is possible for a Panel to curtail cross examination for a number of reasons. For example: Improper questioning questions being asked for the sake of insult and are not backed up by any evidence Irrelevant questioning if questions do not relate to the matters to be addressed at the hearing Badgering a witness if questioning on a particular point is repeated If a line of questioning falls outside the knowledge of the witness e.g. a nonmedically qualified witness would be unable to answer questions relating to the expected impact of a particular medical condition on a teacher s performance Re-examination This is an opportunity for the party that brought the witness to the hearing to give evidence to ask any follow up questions arising out of cross examination. It is not an opportunity to introduce new evidence. After re-examination, the members of the Panel have the opportunity to ask the witness questions before he/she is dismissed. 18

19 Types of hearings There are a number of different types of hearings which you may encounter during your case and these are outlined below. At any hearing, the following will be in attendance: the Panel you and/or your representative, if you choose to participate in the hearing; the Presenting Officer; the Legal Assessor; and the Servicing Officer. Temporary Restriction Hearing Temporary Restriction Hearings are exaplined fully in the Temporary Restriction Orders Practice Statement. The purpose of this hearing is to consider whether or not your registration should be restricted by way of a Temporary Restriction Order (TRO) until investigations regarding your fitness to teach have reached a conclusion. The default position is that these hearings are held in private and they can take place at any stage during your case. The matter will be considered by a Fitness to Teach Panel. Both you and the Presenting Officer have the opportunity to put forward your respective views to the Panel regarding the imposition of a TRO. The test which must be applied by the Panel in considering whether to grant the TRO is that is must be satisfied that there are circumstances which on the face of it might cause your name to be removed from the GTCS Register. Accordingly, such hearings will not take place in every case. The imposition of a TRO is a temporary measure and does not mean that your name has been removed from the Register, nor does it in any way imply that in the future your name will be removed from the Register. Unless it is reviewed and cancelled earlier, the TRO will remain in place until a final determination has been made regarding your fitness to teach. You (or the Presenting Officer) can make an application in writing, prior to the conclusion of your case, for the TRO to be removed. A hearing would be arranged for the Panel to consider that application. If the TRO is granted then, for so long as it remains in place (a) if you are currently employed as a teacher by a Scottish local authority then you may not change teaching post; and (b) if you are not currently so employed, it means that you may not take up any teaching post with a Scottish local authority. You can consent to a TRO being imposed on you and, if you do so, it will not usually be necessary for a hearing to be held. 19

20 Procedural Hearing It will not be necessary to hold a procedural hearing in every case. A procedural hearing may be held at any time during proceedings and the default position is that they are held in public (although an application can be made by either party that the hearing be held in private). The majority of these hearings are held to determine any interim or preliminary matter that has arisen in the case, to resolve any issues of law or to consider a Removal with Consent Order (please see page 27). Procedural hearings consider matters which cannot be resolved between the parties at a CMD or which can only be addressed by a Panel at a hearing. For example, an application by one or other party that the full hearing be held in private or a dispute regarding whether a particular piece of evidence is admissible. If a procedural hearing is to be held, a notice will be placed on the GTCS website 7 days in advance of the hearing, outlining:- the date of the hearing; your name; your employer; the type of hearing to be held; and briefly, the matters to be considered at the hearing. Full Hearing This is the hearing at which the evidence is presented to the Fitness to Teach Panel and the final determination is made. Unless the Panel has granted an application for a full hearing to be held in private, it will be held in public. As with procedural hearings, a notice will be published on the GTCS website 7 days in advance of the hearing (unless the hearing is to be held in private). However, as well as including the information as listed above for procedural hearings, the notice for the full hearing will include the Complaint alleged against you which is to be considered at the hearing. You should be aware that both the public and press use the website to keep informed regarding upcoming hearings and so there may be media interest in advance of the full hearing. Full hearings are considered more fully at page

21 Notice of hearings Notice Periods The Servicing Officer must provide you with a formal notice of any hearing/case management discussion which is to take place in your case. The periods of notice are outlined below: Temporary Restriction Hearing Procedural Hearing Case Management Discussion Full Hearing no fewer than 7 days no fewer than 7 days no fewer than 7 days no fewer than 28 days Notwithstanding the above notice periods, the Servicing Officer will aim to inform you of the date of the hearing/case management discussion as soon as possible after it has been arranged. Depending on how far in advance the hearing has been scheduled, the Servicing Officer may informally advise you of the date and then, separately, serve the formal notice. Setting Hearing Dates With the exception of temporary restriction hearings, in advance of setting a date for a hearing/case management discussion, the Servicing Officer will contact you (or your representative) and the Presenting Officer asking for availability within a given timeframe. Once availability has been established, LAS will cross-reference those dates with the availability of the Servicing Officer, the Legal Assessor, the Panel and the hearing rooms. Accordingly, we do ask that you provide us with as accurate information as you can with respect to the availability of you and/or your representative. Please note that if you do not provide us with your availability when we ask you to, we will go ahead and set a hearing date based on the other availability factors noted. If you can no longer attend the hearing If the notice has been served on you and you can no longer attend the hearing on the assigned date then you will require to make an application, in writing, for a postponement of the hearing, which will then be considered by the Convener of the Fitness to Teach Panel. Please refer to the Postponements, Adjournments and Proceeding in the Absence of the Respondent Practice Statement. The Notice The formal notice will provide you with all relevant information regarding the hearing (date, time, venue) and will also outline what you will require to have prepared and forwarded to us in advance of the hearing. The notice will inform you that you have the right to attend the hearing, be represented and that the hearing may proceed if you do not attend. 21

22 The Rules state that a notice of a full hearing must also provide you with a list of documents (and copies of those documents) on which the Presenting Officer intends to rely at the hearing along with a list of witnesses (and copies of witness statements) on whom the Presenting Officer intends to rely. The notice will ask you to send back a completed Notice of Hearing Response Form, on which you require to outline (a) a list of all documents; and (b) a list of witnesses on which you propose to rely at the full hearing. The Response Form must be sent, along with copies of all of the documents listed and any witness statements (unless these have already been lodged by you) to the Servicing Officer and the Presenting Officer no fewer than 14 days before the date of the hearing. It is important to note that anything lodged after this deadline will be held as a late item of evidence and the Panel will require to hear submissions from both parties at the outset of the full hearing, as a preliminary issue, as to whether the Panel should allow the item to be lodged late. The Panel may decide not to allow evidence to be lodged late, in which case you will be unable to rely on it at your hearing. 22

23 The Hearing Day Arrival at GTCS Full hearings take place at GTCS offices in Edinburgh. Car parking is available and Lothian Bus Number 26 is the nearest passing bus service. GTCS Offices You should aim to arrive no later than 15 minutes prior to your hearing. Most hearings will commence at am on the first day. However, the Notice of Hearing sent to you (as outlined in the previous section) will confirm the date and time of your hearing. If unforeseen circumstances arise that mean you may be unlikely to arrive at GTCS for the scheduled start time, you should contact the GTCS as soon as possible. Upon arrival, you should report to Reception and you (and any representative or supporter) will require to sign in the visitor s book and will be provided with a visitor s badge. You will then be shown to your waiting room. The Servicing Officer will come along to speak to you, will reiterate the order of the hearing and ask if you have any questions. The Servicing Officer will then confirm with the members of the Panel that they are ready to begin and will collect you and take you to the hearing room. If you have witnesses attending the hearing, they will be shown to a separate waiting room from you. 23

24 Disability If you (or any witnesses appearing on your behalf) have a disability and you think adjustments may need to be made at the hearing in order for you (and/or your witnesses) to attend and participate, please contact the Servicing Officer appointed in your case as soon as possible in order to discuss this. Please note that Clerwood House has wheelchair access to and within the building. Who attends the hearing? The following will be present at the hearing: You (the Respondent) and any representative or supporter you have brought with you. The Presenting Officer who will present the case against you at the hearing. Witnesses (who may have been brought to the hearing by you or by the Presenting Officer). The Panel (usually comprised of two GTCS Registered Teachers and one lay person). One of these Panel members (the Convener) will chair proceedings throughout; A Legal Assessor (who provides legal advice to the Panel but takes no part in the decision-making process); The Servicing Officer (who ensures that hearings run smoothly, provides procedural advice to the Panel and who will be your main point of contact during the hearing); Public/Press - all full and procedural hearings are open to the public and press unless there has been a successful application for the hearing (or part of it) to be heard in private. There will be a seated section at the back of the hearing room where the media and public can sit and watch proceedings. GTCS has produced guidelines for members of the public and in particular media attending hearings which can be viewed at: Room Layout Panel Member Panel Member Convener jknjnljknjnjk Independent Legal Assessor Servicing Officer Witness desk Recording device Presenting Officer s desk Respondent s desk (space for Respondent & representative/supporter) Seats for public/press 24

25 When you first enter the hearing room, the Servicing Officer will direct you to the desk at which you are to sit. On the desk in front of you will be a red folder containing all of the relevant rules and practice statements, and some water. In addition, you should bring the following items with you to the hearing: the hearing papers that were issued by the Servicing Officer before the hearing; a notebook, pens, highlighters and tabs; and, any notes that you have made in advance of the hearing. Expected behaviour The proceedings are designed to be flexible and as informal as possible in the circumstances. You may find the below general points useful: Participants are expected to conduct themselves in an appropriate manner; You do not need to stand up to address the Panel; The Convener conducts proceedings and will invite parties to speak at the appropriate times. If you would like to speak at any other point, you should make the Convener aware; If there is something that you do not understand, you should make the Convener aware as soon as possible; Name cards are placed on the desk in front of the Panel members and you should usually address the Convener and members of the Panel using their title and surname. You will be addressed in the same manner; If you need to give anything to the members of the Panel, the Servicing Officer will pass it to them; During any periods of private session, items should not normally be left in the hearing room; In the hearing, you should not attempt to engage directly with the Presenting Officer. All statements or arguments should be made through the Convener; Try to speak calmly and clearly; Take notes; Turn your mobile phone off. You should be aware that, in accordance with Rule 1.7.9, it is possible for the Panel to exclude individuals (including you) from the hearing room if it is satisfied that the person s conduct has disrupted or is likely to disrupt the hearing. 25

26 The Full Hearing The order of proceedings for the hearing is set out at Rule The diagram below illustrates how the hearing day usually runs: Hearing Opened and Preliminary matters Reading of the Complaint and Respondent s admissions STAGE 1 The Facts Alleged in the Complaint STAGE 2 Fitness to Teach STAGE 3 Disposal End of hearing, decision will be issued within 14 days If the facts are admitted in full, the hearing may proceed to stage 2 If none of the facts are established, hearing ends. If no impairment is found, hearing ends Opening the Hearing and Preliminary Issues The Convener will open the hearing and then introduce the Panel, Legal Assessor and Servicing Officer. The Convener will also ask the parties to introduce themselves. If you do not attend, you should be aware that the hearing may proceed in your absence. In the event you do not arrive at the place and time set for the hearing, the Panel will consider whether or not the hearing should proceed in your absence in accordance with the guidance set out in the Postponements, Adjournments and Proceeding in the Absence of the Respondent Practice Statement. The Convener will ask parties whether they have any preliminary or procedural matters to raise before getting underway with the substantive part of the hearing. Most issues should have been identified through the case management process, but things can arise that need to be dealt with at the start of the hearing day such as late papers or adjournment requests. If there are preliminary matters to be dealt with, the process for considering these is as follows: Party raising the issue makes submissions Other party makes submissions in response Party raising the issue can add anything further Legal Advice from the Legal Assessor Private Session to consider the matters (if required) Decision of the Panel announced 26

27 When the Panel reconvenes, it will announce its decision in relation to the preliminary matter(s). When the decision is announced at a hearing, full reasons will not normally be announced - these will be included within the Panel s final written decision. Once all preliminary matters have been dealt with, the hearing will proceed. Reading of the Complaint and Respondent s admissions The Convener will ask the Presenting Officer to read the Complaint. The Convener will ask you whether you admit the Complaint or any part of it. You may already have indicated what your position is during the case management process or in the Notice of Full Hearing Response Form However, it is necessary for your position to be stated at the hearing. The Convener will also ask you whether you admit that your fitness to teach is impaired or that you are unfit to teach. Once again, any admissions in relation to fitness to teach would usually be known in advance of the hearing, but the position needs to be stated officially at the hearing itself. Where facts remain in dispute (i.e. you have not admitted the facts of the Complaint in full) the Panel will proceed to Stage 1 of the hearing in order to determine whether or not the facts alleged in the Complaint are established. If any aspects of the Complaint are admitted, in accordance with rule 3.8.2(d), the Convener will announce that those facts are proved. Where the facts are admitted in full, in accordance with 3.8.2(d) the Convener will announce that those facts are proved and the hearing will proceed directly to Stage 2 in order to establish whether, as a result of the facts admitted, your fitness to teach is impaired or you are unfit to teach. Where the matter of fitness to teach is no longer in dispute in light of your admissions, the hearing can proceed directly to Stage 3: Disposal. This would usually only occur in the event that you admit that you are unfit to teach. 27

28 Stage 1 the facts alleged in the Complaint At the first stage of the hearing, the Panel needs to decide whether or not the Complaint alleged against you (or any part of it) has been proved. In reaching this decision, the Panel will consider all of the evidence that is put forward by the Presenting Officer and by you. The Panel reaches its decision on the basis of the balance of probabilities, this means that a fact is found proved if the Panel decides that is more likely than not to have happened. This is distinct from the standard in criminal proceedings which is beyond reasonable doubt. The burden of proof rests with the Presenting Officer, which means that it is up to the Presenting Officer to prove the case against you you do not have to prove anything. For more information about the standard of proof and burden of proof, please refer to the Fact Finding in Fitness to Teach Panel Complaint Hearings. This stage of the hearing deals only with the facts of the Complaint. Matters such as evidence of your good character or previous history are not usually relevant at this stage. The facts stage process: Presenting Officer s Case Respondent s Case Presenting Officer s Submissions Respondent s Submissions Private Session Decision on facts alleged in the complaint announced Facts not proved: hearing closed Some/all facts proved proceed to stage 2 The Presenting Officer s case The Presenting Officer opens his or her case The Presenting Officer may call witnesses to give evidence in person The Presenting Officer may read aloud witness statements of witnesses who are not being called to give evidence in person or to be cross examined. The Presenting Officer may explain the relevance of the documentary evidence that he/she has submitted The Presenting Officer will inform the Panel when his/her case is closed The Respondent s case You may call witnesses to give evidence (including yourself) in person. You may read aloud the witness statements of any witnesses who are not being called to give evidence in person or to be cross examined You may explain the relevance of the documentary evidence that you have submitted You will inform the Panel when you have closed your case 28

29 Closing submissions on the facts alleged in the Complaint Each party has the opportunity to make closing submissions on the facts. The Presenting Officer will always provide his or her closing submissions first. Closing submissions are an opportunity to: Sum up the evidence presented (this is not an opportunity to introduce new evidence or to repeat large parts of the evidence) Highlight any issues with the evidence the other party has presented (e.g. inconsistency or contradictions) Draw attention to any issues of credibility or reliability of witnesses Address the Panel on the weight you think it should apply to certain pieces of evidence and why The Legal Assessor may give the Panel legal advice The Panel will retire to private session and parties will be notified of when it is time to reconvene When the Panel has completed its deliberations, the Servicing Officer will inform parties to return to the hearing room. The Convener will ask the Legal Assessor and Servicing Officer to repeat any advice that they provided to the Panel during private session. Decision of the Panel announced The Convener will go through the Complaint and announce which parts have been found proved or not proved. If none of the facts are proved then the hearing is concluded and parties are dismissed. If some or all of the Complaint has been found proved, the hearing will proceed to Stage 2. The decision is announced but the full reasons for that decision are not usually read aloud at the hearing; these will follow in writing after the hearing has concluded. 29

30 Stage 2 Fitness to Teach The hearing only continues to Stage 2 if some or all of the facts alleged against you are found proved. This stage of the hearing deals with whether, as a result of the facts proved, your fitness to teach is impaired or you are unfit to teach. Fitness to teach stage process: Presenting Officer s evidence in relation to Fitness to Teach Respondent s Evidence in relation to fitness to teach Presenting Officer s Submissions on fitness to teach Respondent s submissions on fitness to teach Private Session Decision on Fitness to Teach announced Impaired or unfit: proceed to Stage 3 - Disposal No impairment: Hearing closed If there is no new evidence to be adduced at this stage, the parties will only make submissions A finding of impairment means that the Panel have found that you fall below the standards expected of a registered teacher whereas a finding of unfit to teach means that you fall significantly short of the standards expected of a registered teacher. More information about how a Panel determines fitness to teach can be found in the Indicative Outcomes Guidance Practice Statement. If the Panel finds that your fitness to teach is not impaired, the hearing is drawn to a close and parties are free to leave. If the Panel determines that your fitness to teach is impaired or that you are unfit to teach, the hearing proceeds to Stage 3. 30

31 Stage 3 Disposal The hearing only continues to this stage where the Panel has found that your fitness to teach is impaired or that you are unfit to teach. Where you have been found to be unfit to teach, there is only one disposal open to the Panel and that is to remove your name from the Register. The Panel will still need to decide on the length of time you should be prohibited from applying to re-register, and whether or not you should be referred to Scottish Ministers in relation to the PVG Scheme. Presenting Officer may adduce evidence regarding the Respondent s character and previous history The Respondent may adduce further evidence by way of mitigation Presenting Officer s submissions on disposal Respondent s submissions on disposal Hearing drawn to a close and parties dismissed Panel will deliberate in private Where no new evidence is being adduced, parties will simply make submissions Where your fitness to teach has been found to be impaired, the Panel has a range of disposals available to it: 1) No Order 2) Reprimand 3) Conditional Registration Order 4) Conditional Registration Order and Reprimand 5) Removal from the Register More information about the different disposals available to the Panel can be found at Rule 3.11 and in the Indicative Outcomes Guidance. 31

32 Decision notice and appeals The full decision of the Panel is not usually given on the hearing day. Once the Panel has heard submissions from both parties about the appropriate disposal in the case, both parties are dismissed. The full decision of the Panel will be issued to both parties, in writing, within 14 days of the hearing. This can be done by , by post or both. You will receive a Decision Notice together with a Decision Annex which sets out the Panel s decision and why it was made. The Decision Notice will also set out your right of appeal. For all hearings except Temporary Restriction Hearings, the decision of the Panel will be made available on the GTCS website. This is the case even if the hearing has taken place in private. Where necessary, redactions to the published version may be made in order to protect privacy. If your name is removed from the Register or your application for registration is refused, you will have the right to appeal to the Court of Session within 28 days of the decision. We are unable to provide any advice, legal or otherwise, in connection with an appeal and would recommend that, if an appeal is to be lodged with the Court of Session, independent legal advice is sought. For any disposal other than removal from the Register, you will have the right to appeal to GTCS Appeals Board within 28 days of the decision. The Appeals Board follows the rules set out in Part 5 of the 2012 Rules and information about submitting an appeal to the Appeals Board can be found on our website at: 32

33 PVG referrals If you are to be removed from the Register of Teachers, either by consequence of signing a Removal with Consent Order or a decision of a Fitness to Teach Panel following a full hearing, the Panel also has the option to make a referral to the Scottish Ministers under the Protection of Vulnerable Groups (Scotland) Act 2007 (the PVG Act ). If such a referral is made, the Scottish Ministers will consider whether or not you should be barred from working with children or protected adults. It is important to note that a Fitness to Teach Panel can only refer the matter to the Scottish Executive: the Panel does not make the decision as to whether or not you should be barred. In accordance with the PVG Act, a Panel may consider it appropriate to make a referral where it has been found proved during the full hearing that you have:- harmed a child or protected adult; placed a child or protected adult at risk of harm; engaged in inappropriate conduct involving pornography; engaged in inappropriate conduct of a sexual nature involving a child or protected adult; or given inappropriate medical treatment to a child or protected adult. Under the PVG Act, an individual ( A ) harms another ( B ) if:- A's conduct causes B physical harm; A's conduct causes B psychological harm (for example: by putting B in a state of fear, alarm or distress), or A engages in unlawful conduct which appropriates or adversely affects B's property, rights or interests (for example: theft, fraud, embezzlement or extortion). An individual ( C ) places another ( D ) at risk of harm if:- C attempts to harm D; C incites another to harm D; C encourages D to self-harm; or C's conduct otherwise causes, or is likely to cause, D to be harmed. You or your representative will have the opportunity to provide your views, at Stage 3: Disposal during the full hearing, to the Fitness to Teach Panel as to whether such a referral should be made. If you have signed a Removal with Consent Order then you can provide your views to the Panel considering the Order at a Procedural Hearing. 33

34 Glossary of terms Hearing Bundle Papers submitted by either party to be considered by the Panel CMD case management discussion (please see page 10 for further information) Complaint: the formal wording of the allegation against the Respondent. Convener: the Panel member who chairs proceedings. Full Hearing: the main hearing at which evidence is heard by a Fitness to Teach Panel and a final determination is made (see page 16) Joint Statement of Agreed Facts A statement produced by both parties narrating events Legal Assessor: that are agreed an experienced solicitor or advocate who advises the Panel on points of law. The legal assessor is independent of GTCS and the Panel. Notice of Full Hearing the form to be completed by the Respondent and sent to Response Form the Servicing Officer no less than 14 days prior to the full hearing. Panel: the group of independent people who hear/read the evidence and thereafter make the decision in the case. Presenting Officer: the person who represents GTCS in proceedings and presents the case against the Respondent. Removal with Consent a decision of a Fitness to Teach Panel which removes Order: the Respondent from the Register, with the consent of the Respondent. Respondent the person against whom the Complaint has been made. Servicing Officer: the individual who assists the Panel by providing practical assistance and procedural advice. The Servicing Officer is an employee of GTCS but takes no part in the decision-making process or the presenting of the case against the Respondent. Submissions: points made by either party to the Panel to support his or her case. Temporary Restriction a decision of a Fitness to Teach Panel, which restricts a Order: Respondent s registration with GTCS. The PVG Act : Protection of Vulnerable Groups (Scotland) Act 2007 (see page 30) The 2012 Rules: The General Teaching Council for Scotland Fitness to Teach and Appeals Rules 2012 ( Vulnerable Witness The definition of a vulnerable witness is set out in section 271 of the Criminal Procedure Scotland Act Witness these can be either for the Respondent or for GTCS and could include pupils, teachers or anyone else who can provide information relevant to the Complaint, Fitness to Teach or Disposal 34

35 GTCS contact information GTCS is located at Clerwood House in the Corstorphine area of Edinburgh. Map: 35