New Code ‘not intrusive’ says GTC

published:17 Sep 2009

GTC Chief Executive Keith Bartley has responded to concerns that the new Code of Conduct is ‘too intrusive’ in relation to teachers’ private lives.

He said: ‘ It is a well-established principle that individuals have a duty to uphold the reputation of their chosen profession [but] we are absolutely explicit that the code does not in any way intrude into teachers’ private lives.’

The focus of complaints about the Code is a sentence in the eighth principle (Code, page 14) which states that teachers must:

‘Maintain reasonable standards in their own behaviour that enable them to maintain an effective learning environment and also to uphold public trust and confidence in the profession.’

Below we summarise some of the key points about what the Code does and does not say, and how it came into existence.

Private life

• The Code does not intrude into teachers’ private lives in the way that some have alleged.  Personal misconduct outside school would only be drawn to the GTC’s attention if the alleged behaviour were serious enough to warrant dismissal. Provided behaviour is legal and private, this is a matter for individuals but the GTC will assess any behaviour that may damage the ability of the individual to fulfil their role because it has become public.
• The GTC has heard only two cases which related entirely to a teachers lawful but unacceptable conduct outside school, and in both cases the teacher received and accepted a reprimand.
• There is a strong body of case law which confirms that individual members of professions have a duty to uphold the reputation of their profession by observing reasonable standards of personal conduct and the legal advice we sought on our Code raised no issues about the relevant principle (no 8) 

Consultation and approval

• The Code was subject to a rigorous and extensive consultation process (see related links).
• There was strong support from teachers, parents and employers for an affirmative Code which sets out the expectations for conduct and practice that teachers tell us they are committed to.
• The Code was adopted by Council on 1 July – with a clear majority of those present and voting.
• The new Code comes into use in October – this ensures that all teachers will have received their personal copy with the autumn edition of the GTC  magazine.

Casework

• The new Code does not change the way in which our regulatory work will be conducted and we do not expect an increase in cases to result from the introduction of the new Code.
• Our casework processes are fair and robust – it is open to teachers to challenge hearing decisions in the High Court but no such challenges have been successful to date.

The Code and the GTC’s role

• Parliament established the GTC and gave the Council the task of maintaining and improving standards of professional conduct and of contributing to raising standards of teaching and learning in the public interest.  By law all registered teachers must be provided with a copy of our Code – which is an essential tool in the task given to us by Parliament.