The disciplinary process

published:30 Mar 2009

Screening
After a case is received, it is first screened by staff to determine whether the GTC has jurisdiction and whether or not it meets a minimum threshold of likely impact on the teacher’s registration. The teacher may submit representations on the matters referred and be represented.   

Investigation
If it is decided that it does, the case goes to an investigating committee of GTC members who meet in private to determine whether there is a case to answer. They will then decide either:

• that there is no case to answer and the matter ends there, or
• that there is a case to answer and the case should go forward to either a professional competence committee or a professional conduct committee.

The name and school of the teacher and the committee they are to appear before are posted on the GTC website and in the foyers of the GTC's offices three working days before the hearing.

The hearing
These three-person committees normally meet in public. The exceptions are:

• when there are reasons why all or part of the hearing should be held in private, such as to protect child witnesses
• when a teacher admits guilt, requests for the case to be resolved without a hearing and the Registrar and committee agree that this is in the interests of the public and justice.

On each committee there are two registered teachers and one person who is not in the teaching profession. Proceedings are carried out in an investigative rather than an adversarial way. We seek to safeguard the dignity of the teacher and all other parties involved.

The teacher has a right to participate in the proceedings and to be represented.

Hearing committees consider in detail whether the allegations can be factually supported. If a case is proved the committee then considers whether a disciplinary sanction is necessary and the level of sanction that is appropriate.

Information about disciplinary orders is published on the GTC website for three months following the hearing.

What disciplinary orders can the GTC make?
Where allegations are proved or criminal offences are found to be relevant, the GTC can make the following disciplinary orders:

• Reprimand. A reprimand will remain on the register for a two-year period
• Conditional registration order. This applies conditions to registration for a specified period or without limit of time
• Suspension order. This suspends the teacher's eligibility to register for up to two years, and may have certain conditions attached to it
• Prohibition order. This removes the teacher’s eligibility to register. Teachers may apply for the restoration of their eligibility to register following a period specified in the order, which may not be less than two years and may be for an unlimited period.

Teachers who receive suspension or prohibition orders cannot teach in a maintained school, a non-maintained special school or a pupil referral unit during the period covered by the order.

Rights of appeal
On receiving a disciplinary order, the teacher has 28 days to lodge an appeal with the High Court, which has the power to uphold, revoke or amend a disciplinary order.

If a teacher's name has been removed from the register indefinitely through a prohibition order, the teacher may, after an interval of time, apply for restoration of their ability to register. No such application may be made before the end of two years from the date of removal or according to any other timescale applied by the committee.