16-18Co(17)97 Appendix 2. Panel Consideration Practice Statement. Introduction. This document has been produced to:

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1 16-18C(17)97 Appendix 2 Panel Cnsideratin Practice Statement Intrductin This dcument has been prduced t: Supprt the cnsistent cnsideratin f fitness t teach cnduct cases by Panels in line with the GTCS Fitness t Teach Rules 2017 (the Rules). Allw a teacher (and thers) invlved in the prcess t understand hw decisins will be made and the factrs that will be taken int accunt by Panels. Demnstrate penness and transparency in GTCS regulatry wrk, allwing the prfessin and wider public t understand it. Purpse When a Teacher has been referred t GTCS and an investigatin has been cmpleted, a Panel will meet t cnsider the case in rder t decide what shuld happen next (as prvided fr by rule 2.3). The purpse f the Panel cnsideratin meeting is t cnsider all f the infrmatin that has been gathered thrugh the investigatin prcess and decide what actin it is necessary and prprtinate t take next in the case. The purpse f the Panel s cnsideratin f the case in this way is nt t reslve any substantive cnflicts in the evidence gathered (this wuld require t be reslved at a full hearing), it is t apply the guidance set ut in this Practice Statement with a view t helping ensure that ur fitness t teach resurce is apprpriately targeted. Prcedure Panel cnsideratin meetings take place in private and are a paper-based exercise. A Panel f three (tw GTCS Registered teachers and ne lay persn) will participate and be supprted by a GTCS Servicing Officer and an independent Legal Assessr. The Servicing Officer and Legal Assessr prvide advice t Panels n the relevant law, rules and prcedures but take n part in the decisin making prcess. Panels will nly cnsider cases that have been fully investigated and prepared. In general, the fllwing dcumentatin will be prvided t the Panel: An Investigatin Reprt prepared by the Investigating Officer wh has investigated the case nte that the investigatin prcess is apprached neutrally with a view t finding ut what happened, nt t build a case fr r against the teacher. The Reprt will usually detail: The allegatin(s) t be cnsidered by the Panel A summary f the investigatin carried ut The evidence gathered Any infrmatin available abut the Teacher s respnse t the allegatin(s) Any infrmatin available abut the Teacher s wn assessment f his/her cnduct with reference t the standards that GTCS expects Any infrmatin abut the Teacher s views n his/her current fitness t teach Any evidence gathered regarding any circumstances surrunding the cnduct r any explanatin prvided by the Teacher fr the cnduct 16-18C(17)97 - Appendix 2 - Panel Cnsideratin Practice Statement Page 1 f 8

2 2 Any evidence gathered regarding the Teacher s actins befre r since the time f the allegatin(s), including any remedial steps taken, details f cntinued/subsequent emplyment r previus fitness t teach histry Where pssible, a recmmended case utcme based n what the infrmatin gathered indicates, including specifying any cnditins that may be suitable where a cnditinal registratin cnsent rder is indicated The teacher will be encuraged t play an active rle in the investigatin and prvide input in rder that the Investigatin Reprt prvides all f the relevant infrmatin abut the case. Any additinal material prvided by the Teacher subsequent t cmpletin f the Investigatin Reprt. Apprach t Decisin Making This guidance and the indicating factrs referred t are nt exhaustive and each Panel must exercise its wn judgement n a case-by-case basis with due regard t: The general bjective f the Rules The GTCS Fitness t Teach Threshld Plicy The public interest as described in the GTCS Fitness t Teach Cnduct Cases Indicative Outcmes Guidance (the IOG) Best regulatry practice, including: Being prprtinate, accuntable, transparent and cnsistent Being targeted and taking actin nly where actin is needed Cnsidering a Case n the Papers A Panel s rle at this stage in the prcess is nt t determine whether the allegatin(s) is/are prved. If the allegatin(s) is/are nt admitted, the case must be referred n fr a full hearing. Where the allegatin(s) is/are admitted in full, a Panel will have t carefully assess all f the evidence prvided in rder t determine (a) whether a current impairment exists and (b) what cnsent rder it may be apprpriate t issue. This prcess is distinct frm making findings in fact and invlves a hlistic cnsideratin f a range f factrs. In assessing the evidence fr this purpse, a Panel may find the fllwing questins helpful as a starting pint: Is there a general cnsistency in the evidence? Fr example, if statements have been prvided regarding the Teacher s cnduct since the allegatin(s) are the accunts similar n the key pints? Are there any significant cnflicts in the evidence that impact n the Panel s assessment f the Teacher s current fitness t teach r what cnsent rder is apprpriate? Has key infrmatin been verified by the Investigating Officer r can such verificatin be btained? Fr example, if the Teacher has stated he/she has cmpleted a curse t remedy his/her cnduct, is cnfirmatin f this available frm the curse prvider? Has it been evidenced that the Teacher has learned apprpriately frm this curse? Wh has prvided the evidence and what knwledge des he/she have abut the matter? 16-18C(17)97 - Appendix 2 - Panel Cnsideratin Practice Statement Page 2 f 8

3 3 Fr example, if psitive statements are prvided, d the individuals prviding the statements knw abut the allegatins? Des the Panel accept as genuine any insight r remrse shwn by the Teacher? Is the Teacher s accunt cnsistent and in his/her wn wrds? When did the Teacher first acknwledge the cnduct? Has the Teacher s view changed at any pint and is any change explained? Has the teacher taken any actin t demnstrate his/her insight r sught t remedy the cnduct? A Panel shuld als have regard t any analysis prvided by the Investigating Officer in his/her reprt, nting that the Investigating Officer s rle is t investigate the case neutrally with a view t prviding the Panel with all relevant infrmatin t supprt it in the decisin making prcess. Where a Panel des nt feel able t make an assessment f any aspect f the case n the basis f the evidence available, it may seek additinal infrmatin r refer the case fr a full hearing with reference t the guidance set ut at ptins 3 and 6 belw. Pssible Outcmes Rule prvides a Panel with 6 pssible ptins. A Panel shuld generally apprach its decisin making as set ut in the flwchart in Appendix 1 and prvide reasns at each decisin pint. Optins 1 and 2 T dispse f the case in accrdance with rule n the basis that it was nt eligible fr investigatin because: (a) It is nt Relevant Cnduct 1 ; (b) It relates t events that ccurred 5 years r mre befre the date f the mst recent event (r events) referred t and it is nt in the public interest fr it t be investigated; (c) The referral has already been received and cnsidered by GTCS (and n new evidence r infrmatin has been received which means re-cnsideratin f it is necessary in the public interest); (d) It is frivlus r vexatius; r (e) it has been made annymusly, r by a persn wh fails t c-perate in the investigatin prcess (r similar), and the matter cannt be verified r the teacher cncerned is nt identifiable. T dismiss the case because there is insufficient evidence t prve the facts alleged r the referral is malicius. A case will already have been carefully cnsidered by GTCS Officers in terms f all f the factrs abve befre it reaches a Panel. Where any f these factrs is identified, a case shuld be clsed by Officers and nt reach the Panel stage. This means that it is unlikely that a Panel wuld ever identify any such factr in a case but they are ptins that a Panel shuld be aware f in any exceptinal case r circumstance that might arise. 1 Relevant Cnduct means (i) a criminal ffence, r (ii) miscnduct (including having fraudulently sught r prcured an entry t the GTCS Register), and there is, n the face f it, a real prspect f a Panel finding that the Teacher s fitness t teach is impaired n that basis C(17)97 - Appendix 2 - Panel Cnsideratin Practice Statement Page 3 f 8

4 4 Optin 3 T refer the case n fr a full hearing. Referral fr a full hearing will be necessary where a Panel is nt satisfied that the Teacher admits the allegatin(s) in full. The allegatin(s) will have been refined and cntinually assessed thrughut the curse f the investigatin by the Investigating Officer based n all f the evidence gathered, including frm the Teacher. The Investigating Officer will als have cnsidered the Teacher s respnse t the allegatin(s) in his/her recmmended case utcme and will indicate that a referral fr a full hearing is necessary where the allegatin(s) are nt admitted. In this scenari, it wuld be inapprpriate t cnduct an assessment f the Teacher s current fitness t teach r indicate the apprpriate dispsal ptin s the Panel shuld nt prceed t cnsider the case further. In exceptinal circumstances, a Panel may cnclude that a full hearing is required even where the allegatin(s) is/are admitted by the Teacher. Hwever, cnsideratin shuld first be given t whether additinal infrmatin culd be sught in rder t allw a Panel t reach a cnclusin withut the need fr a hearing. If a Panel decides that further infrmatin wuld nt assist it, then, in cnsidering whether t refer a case fr a full hearing where the allegatin(s) have been admitted in full, a Panel shuld have prprtinate regard t the fllwing factrs: The seriusness f the allegatins The public interest Transparency Fairness t the Teacher and any ptential impact f a full hearing n him/her The cst and resurce assciated with a full hearing The need t avid delay In referring a case fr a full hearing, a Panel shuld refer the entirety f the case. It is generally nt apprpriate fr a Panel t cmpartmentalise the allegatins and cnclude that n further actin shuld be taken r a cnsent rder be issued in relatin t part f a case and refer the remainder n t a full hearing. Ding s wuld undermine the decisin making f the full hearing panel and is unlikely t be in the public interest. The entirety f the case shuld be referred s that the full hearing panel can cnsider the case as a cmplete picture. This will assist it: Identify patterns f cnduct r multiple/repeat breaches f the standards expected Understand the extent and seriusness f shrtfalls, including any cumulative r aggravating effects Cnsider the likelihd f reccurrence and cnsequent risk f harm Assess the public interest frm an apprpriately infrmed perspective Optins 4 and 5 T direct that n further actin be taken r t issue a cnsent rder t the Teacher in accrdance with rule 2.7. A Panel shuld carry ut an assessment f the Teacher s Fitness t Teach as described in Part A f the IOG. Having carried ut that assessment, if a Panel cncludes that a teacher is nt currently impaired, it must direct that n further actin be taken C(17)97 - Appendix 2 - Panel Cnsideratin Practice Statement Page 4 f 8

5 5 If a Panel cncludes that a Teacher is currently unfit t teach, it may nly issue a remval cnsent rder r, if that is unlikely t be accepted by the Teacher (e.g. where the Teacher is nt engaging in the prcess), refer the case fr a full hearing. If a Panel cncludes that a Teacher s fitness t teach is impaired, it needs t decide what actin it is apprpriate t take in light f this impairment and issue the apprpriate cnsent rder. Panels shuld refer t Part B f the IOG in deciding what utcme it wuld be apprpriate t reflect in a cnsent rder. A Panel shuld apprach the decisin-making exercise in the same way that it wuld apprach this in the cntext f a full hearing in line with the IOG it has exactly the same utcmes available t it. Optin 6 T request that further infrmatin be btained. A Panel may seek further infrmatin frm any surce prvided that the infrmatin is relevant and it is fair t seek such additinal infrmatin. In deciding t seek further infrmatin a Panel shuld be mindful that, where the allegatin(s) is (are) in dispute, the case has been fully investigated by an Investigating Officer and its rle is nt t seek t reslve factual disputes; fact-finding may nly take place at a full hearing. Where a Panel is seeking further infrmatin, it shuld therefre relate t its assessment f fitness t teach and the apprpriate dispsal with reference t the guidance set ut against Optins 4 and 5 abve. A Panel shuld cnsider hw the additinal infrmatin will assist it in deciding n the Teacher s fitness t teach r n the apprpriate cnsent rder t issue. If the additinal infrmatin will nt make a material difference t these aspects f the decisin making prcess, then it is unlikely t be needed and any delay caused by btaining the infrmatin is likely t be disprprtinate and unfair. Panels shuld nt seek t pursue lines f enquiry utwith the scpe f the allegatin(s) and shuld nt request infrmatin r evidence frm any surce where it is clear that an attempt t btain such infrmatin has already been made (including frm the Teacher) unless there are exceptinal circumstances in favur f such a request. Panels shuld als be mindful f the ptential danger in seeking additinal infrmatin frm the Teacher abut insight r remediatin when a psitin has already been prvided that demnstrates limited insight int the cnduct r a lack f willingness t remedy the cnduct. Where a Panel wishes t seek additinal infrmatin, the purpse f the additinal infrmatin shuld be clearly stated. A Panel shuld prvide a list f targeted and specific questins it seeks answers t and frm whm, r list what dcumentary evidence is required. Whilst the fllwing list is nt exhaustive, it serves t illustrate the kind f infrmatin that it is envisaged may be sught: Clarificatin f the Teacher s respnse t any element f the allegatin r his/her willingness t engage with a cnsent rder An update regarding nging management f any health cnditins (r similar) Expert evidence abut any issue which it is utwith the expertise f the Panel (e.g. specialist medical evidence r evidence regarding best practice in a particular specialist cntext) Additinal plicy dcumentatin relevant t the setting in which the allegatin(s) tk place Verificatin by GTCS f any infrmatin prvided by the Teacher Evidence t supprt any assertin made by the Teacher such as a certificate cnfirming cmpletin f a curse Where additinal infrmatin is btained, the Teacher will be prvided with 28 days t cnsider it and, if wished, prvide a respnse C(17)97 - Appendix 2 - Panel Cnsideratin Practice Statement Page 5 f 8

6 6 In rder t avid delay and make best use f Panel member time, fllwing receipt f additinal infrmatin, it shuld be nted that a case may be cnsidered again by the same Panel r by a different Panel depending n the particular circumstances f the case and Panel member availability. Cnveners Cnveners may issue cnsent rders independently f a Panel. The circumstances in which this is likely t be apprpriate are limited t the fllwing scenaris: 1 Serius allegatins and remval Where a case relates t a cnvictin r an admitted allegatin that represents a significant shrtfall frm the standards expected, a Cnvener may issue a remval with cnsent rder withut the case being cnsidered by a Panel. 2 Failure t accept a cnsent rder in time Where a Teacher has failed t return a cnsent rder issued by a Panel within the required time perid and cntacts GTCS regarding the issue, a Cnvener may direct that a new rder be issued t the Teacher prvided it des nt undermine the decisin reached by a Panel in the first instance. This may mean issuing the same rder again r, fr example, issuing a remval with cnsent rder where the Teacher has indicated he/she des nt wish t cmply with the cnditinal registratin cnsent rder impsed and wishes t be remved instead. 3 Investigating Officer recmmendatin A Cnvener may issue a cnsent rder cnsistent with any recmmendatin made by an Investigating Officer if he/she cnsiders it apprpriate t d s in the particular circumstances f the case and prvided that any such rder des nt undermine any decisin taken by a Panel. Decisins In accrdance with rule 1.5, all Panel decisins are determined by majrity. Panels must give written reasns fr decisins that it makes cvering each stage f the decisin making prcess. These shuld make apprpriate reference t this guidance and be issued as sn as pssible after the cnclusin f the meeting. Cnsent Order Prcedure If a cnsent rder is issued, a Teacher will have 28 days t cnsider whether r nt t accept it. A cnsent rder seeks cnfirmatin that the Teacher: Has had the pprtunity t seek advice frm an independent legal representative n the terms and cntent f the cnsent rder Admits the allegatin(s) in full Waives his/her right t further adjudicatin prceedings Agrees t the impsitin f the dispsal ptin specified in the cnsent rder If a Panel issues a cnsent rder and it is accepted by the teacher, the rder and Panel s decisin and reasns fr issuing that rder will be made available publically n the GTCS website in accrdance with the GTCS Fitness t Teach Publicatin Plicy C(17)97 - Appendix 2 - Panel Cnsideratin Practice Statement Page 6 f 8

7 7 If a Panel issues a cnsent rder and it is nt accepted by the Teacher, the adjudicatin prcedure will cntinue C(17)97 - Appendix 2 - Panel Cnsideratin Practice Statement Page 7 f 8

8 8 Appendix 1 Panel Cnsideratin Flwchart 16-18C(17)97 - Appendix 2 - Panel Cnsideratin Practice Statement Page 8 f 8