How the GTC exercises its regulatory role

The General Teaching Council for England's regulations prescribe arrangements similar to those of other professional bodies.

This means that the Council exercises its disciplinary functions through:

• Investigating Committees
• Professional Conduct Committees
• Professional Competence Committees.

Since 1 June 2001, sitting in panels, members of the Council have decided on individual cases. Each hearing committee consists of a majority of teacher members.

Investigating Committees

Investigating Committees meet to consider whether there is a case to answer, based on evidence and information generally provided by the teacher's employer. The teacher is informed that an allegation has been made and is invited to respond.

Where the case relates to misconduct and the committee decides there is a case to answer, the case is referred to a Professional Conduct Committee. 

Professional Conduct Committee

The Professional Conduct Committee seeks to establish the facts and decide whether the facts amount to unacceptable professional conduct. The committee holds a hearing, which reviews the case papers and seeks the evidence of witnesses, who may be cross-examined. The teacher has full opportunity to present evidence, call witnesses and cross-examine witnesses. Teachers may do this themselves or can be represented by any person of their choice, including a friend, a lawyer or a trade union official.

In accordance with human rights legislation, hearings are normally held in public. In some circumstances, the Council may decide, on legal advice, that a private hearing is in the public interest or is necessary for legal reasons.

The Committee has powers to:

• issue a reprimand to the teacher
• attach conditions to a teacher’s registration
• remove a teacher from the register either temporarily or permanently
• decide no further action should be taken.  

Professional Competence Committee

The procedures of the Professional Competence Committee reflect those of the Professional Conduct Committee with the same powers available. However, in this case, the committee considers the evidence that has led to the employee leaving the school, either through dismissal or resignation. The committee decides whether the teacher is competent to remain in the profession or whether another sanction should be applied. Where conditions are attached, the committee makes arrangements to monitor the conditions to ensure they are met.

Rights of appeal

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

In addition, if a teacher's name has been removed from the register indefinitely, 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.

What information will be published?

The dates of forthcoming hearings and induction appeals are posted on the Council's website, and in the reception areas of the GTC's London and Birmingham offices before each hearing. The decisions of committees following each hearing are a matter of public record. Decisions are published in a summary which is made available to employers. Members of the public can also request a copy from the Council's Birmingham office.

Are the procedures fair?

The procedures are agreed by the Council and allow for all the relevant evidence to be considered, including from witnesses. The teacher may choose to be represented by a friend, lawyer or trade union official.