The use of the Code in the GTCE's disciplinary procedures

last updated:12 Oct 2009

How cases are referred to the GTCE

Misconduct and incompetence
Employers (including of supply and temporary teachers) are required to notify the relevant authority when registered teachers are dismissed or cease employment for reasons of misconduct or incompetence, or where they resign in circumstances where dismissal was a possibility.

Where employers judge misconduct to involve a risk of harm to chldren and young people, they are required to refer cases to the Independent Safeguarding Authority (ISA). Other misconduct cases, and all cases of incompetence, should be referred direct to the GTCE. The GTCE expects that teachers referred on grounds of incompetence will have already been the subject of significant action under formal capability procedures.

Training providers must notify the relevant authorities if trainees are required to leave a programme for reasons of misconduct or they choose to discontinue their studies in circumstances in which they could have been required to leave. Where training providers consider that misconduct involves a risk of harm to children and young people, they must refer cases to the ISA. All other cases should be referred direct to the GTCE.

Members of the public may make an allegation of professional misconduct, but not of incompetence, directly to the GTCE.

Criminal activity
Under the provisions of Home Office Circular 45/86, teaching is a 'notifiable' occupation. This means that the police report any conviction or caution of a teacher to the Criminal Records Bureau. Offences involving a risk of harm to children, or to vulnerable adults, are considered by the ISA. All other convictions and cautions are passes to the GTCE, who have a role in determining if a caution or criminal offence is relevant to a teachers' registration.

The GTCE's disciplinary procedures and sanctions
The Council has a rigorous and fair process in place to investigate and hear cases.

Investigating and hearing committees comprise a majority of teacher members, as well as others involved in teaching and learning. Hearings normally take place in public. In certain circumstances, where it is in the public interest and the interests of justice, the Council may resolve a case without a hearing.

If a hearing committee finds that the facts amount to unacceptable professional conduct, serious professional incompetence or that the teacher has committed a relevant criminal offence, it may issue one of the following sanctions:

• a reprimand, which remains on the Register for two years
• a conditional registration order, which applies conditions to a teacher's continuing registration
• a suspension order, suspending the teacher's registration for up to two years, and which may also have conditions attached
• a prohibition order, excluding the teacher from the Register. Under this order, a teacher may be permitted to apply for restoration of their eligibility to register after two years, or after some other specified time. However, in certain cases, no application may be allowed.