The GTC's regulatory function

The GTC acts as the regulatory body for teaching through the operation of disciplinary procedures.

The basis of our regulatory role is to uphold the high standards of conduct and practice that characterise teaching. These standards need to be upheld in the interests of pupils, society and the profession.

Since 1 June 2001, we have held responsibility for investigating and hearing cases of registered teachers who are ‘alleged’ to be guilty of unacceptable professional conduct or serious professional incompetence or where a teacher is convicted of a relevant criminal offence. Disciplinary panels made up of Council Members hear the cases. Each panel always has a majority of teachers together with a lay Member of the Council.

Cases are normally only considered after the employer has ceased to use the services of a registered teacher or might have ceased to use those services had the teacher not ceased to provide them.

Throughout the disciplinary procedures, a panel balances its public duty with a duty to treat all teachers with fairness and dignity. All proceedings are handled in an investigative rather than adversarial manner.

Cases involving the safety and welfare of children continue to be the responsibility of the Department for Education and Skills (DfES), which has wider powers in this area.

There are cases when the high standards of the profession can only be upheld by removing a teacher from the GTC's register. This is done either through the issuing of a suspension order, which can apply for a maximum of two years, or a prohibition order, whereby the teacher cannot seek to restore their eligibility for registration for a minimum of two years.

A panel can also decide to take no action at all, or rather than removing an individual from the register, can apply restrictions to their registration through a conditional registration order.

A conditional registration order will apply if a panel believes that it is appropriate that eligibility for registration should remain subject to the teacher meeting certain conditions.

Examples of these conditions:

• further training
• counselling
• conditions that apply to aspects of the teacher’s role, eg, management responsibilities.

In these cases, the panel seeks to work with the individual to find ways back into teaching that safeguard the rights of both teachers and learners.

Additionally, the panel can issue a reprimand, which will be recorded on an individual’s registration record for two years.

Any teacher fully barred from teaching by the Secretary of State becomes ineligible for registration with the GTC. We will notify the DfES of the outcomes of all our cases in order that the Secretary of State can consider what action should be taken.

Human Rights Act legislation means that a teacher is entitled to a public hearing. A public hearing provides assurance to the individual teacher that the procedures are fair and transparent. This also provides confidence to the public that regulation is being delivered in a fair and just way.

Teachers can, however, request that proceedings, or parts of proceedings are heard in private. This usually occurs in special circumstances, such as when evidence may refer to a third party who is not present.

Throughout proceedings, the GTC is committed to treating all teachers with fairness and dignity. We will not under any circumstances issue details of allegations against a teacher to the media or public before a hearing commences.

The Statement of Professional Values and Practice for Teachers was approved by the full Council in a meeting on the 27 February 2002.

The Statement was drawn up following extensive consultation with teachers. They told us that a short statement that affirms the high standards that exist in the profession and that articulates the professional values, beliefs and attitudes that underlie teacher professionalism, would be welcomed by teachers and helpful in raising morale.

The Statement sets out the context in which teachers work, outlining the principles that govern how teachers relate to pupils, to education colleagues, to parents and carers and to the wider community. It also sets out how teachers develop and enhance their skills to ensure high quality teaching and learning.

In its current form, Council Members will not use the Statement in relation to the disciplinary proceedings. In common with other professional bodies the Council has drafted a Code of Conduct that may be used in disciplinary procedures.