Referring competence cases

last updated:06 Apr 2010

Cases of alleged teacher incompetence are dealt with by the GTC.

Cases to be referred include those where the teacher:

• is dismissed for a reason relating to incompetence
• resigns in circumstances where dismissal was a possibility.

What categories of teacher can be referred to the GTC?
Fully registered teachers, including supply teachers, can be referred to the GTC for reasons of incompetence.

Provisionally registered overseas trained teachers (OTTs) and instructors can also be referred for this reason.

Incompetence referrals cannot be made in respect of provisionally registered trainee teachers since they are still in the process of gaining qualified teacher status. 

Who can make a referral?
To make a competence referral you need to be a legally recognised employer. For community and controlled schools this will be the local authority. In aided and foundation schools the governing body is the legally recognised employer.

Other legally recognised employers for this purpose are independent schools, further education colleges who employ registered teachers, and supply teacher agencies who engage registered teachers.

Referrals can be made by a human resources provider on behalf of the employer but it is the responsibility of the employer to ensure the referral is made.

The relevant legislation is The General Teaching Council Disciplinary Functions Regulations 2001 (as amended). 

In what circumstances should an employer make a referral?
The definition in the relevant legislation states that a teacher should be referred to the Council where the employer  ‘has ceased to use a registered teacher’s services on grounds relating to his professional incompetence; or might have ceased to use a registered teacher’s services on such a ground had the registered teacher not ceased to provide those services’.

In most circumstances, this will mean that a referral should  be made if a teacher is dismissed for incompetence or if a teacher resigns or leaves during the procedure and their performance could have led to dismissal. Referral in such circumstances is a legal requirement.

How can an employer determine whether dismissal would have been a possibility?
The GTC has stated that it would normally expect a teacher to have reached an advanced stage of a capability procedure before this judgement is possible. However, if an employer has sufficient evidence after a resignation at any stage of a capability procedure, for instance, where the issues are very clear and serious but the capability procedure is not well advanced, then a referral should be made. 

Is there any help for employers trying to interpret capability procedure guidelines?
Advising on the operation of capability procedures is not the responsibility of the GTC. Advice on referral to the GTC can be sought from the contacts below.

The publication Best Practice in Undertaking Teacher Capability Procedures  (Department of Children, Schools, and Families, 2002) offers guidance on issues that trigger the operation of capability procedures, provides useful case studies, and offers information on sources of advice.

The most recent official statutory government guidance on capability procedures is Capability procedures for teachers (Department for Education and Employment 2000). This can be downloaded from the Teachernet website.

Making a referral
All referrals should be sent to either Alan Sweeney or Sharon Timmins, the Investigating Team Leaders, at the GTC’s Birmingham address:

The General Teaching Council
Victoria Square House
Victoria Square
Birmingham
B2 4AJ

Contact details
Alan Sweeney
tel: 0121 345 0065
email: alan.sweeney@gtce.org.uk
Sharon Timmins
Tel:  0121 345 0044.
email: sharon.timmins@gtce.org.uk 

When making a referral, please make sure you provide all the necessary documents.

What happens next?
Each case is dealt with according to the GTC’s disciplinary process.

The GTC will first screen the case to check we may deal with it. If appropriate, we will then prepare the case for consideration by an Investigating Committee. The teacher will be given an opportunity to make any statements or representations about the allegation before it goes to the committee.

If the committee finds that there is a case to answer, the teacher is informed, and the case is referred to a Professional Competence Committee for hearing.