THE GENERAL TEACHING COUNCIL FOR WALES How does GTCW safeguard the public? Hayden Llewellyn

1. THE GENERAL TEACHING COUNCIL FOR WALES How does GTCW safeguard the public? Hayden Llewellyn Deputy Chief Executive

2. WHAT DOES GTCW DO? Regulation of the teaching profession in the interests of the public Advice to government and others on major teaching and learning issues Specific work on professional development or teacher recruitment

3. HOW DOES GTCW PROTECT THE PUBLIC? • Every teacher working in a maintained school is Wales must be registered with GTCW – “have a licence to teach”. GTCW determined whether person is “suitable” to work as a teacher. Any school, LEA, parent or member of the public may check the Register of Teachers • GTCW has a legal duty to investigate and hear cases against registered teachers where it is alleged that a teacher is guilty of unacceptable professional conduct, serious professional incompetence or been convicted of a relevant criminal offence

4. PROFESSIONAL BODIES – SELF REGULATION

5. DISCIPLINARY CASES CONCERNING REGISTERED TEACHERS

7. PROFESSIONAL STANDARDS – REGISTERED TEACHERS Criminal offences (Convictions, Cautions, Reprimands, Warnings, Bind-overs) Allegations of unacceptable professional conduct / serious professional incompetence (dismissal/ resignation) Complaints – parent, pupil, fellow teacher, member of the public The public interest The public interest

8. UNACCEPTABLE PROFESSIONAL CONDUCT • Employer or agent • ceased to use a teacher’s services; or • might have ceased to use a teacher’s services had he/she not resigned or similar Police Teacher involved in criminal offence Referral other than from an employer, an agent or the police The National Assembly for Wales DCSF / ISA The General Teaching Council for Wales Case retained by DCSF / ISA The General Teaching Council for Wales Any matters which come to light which appear to involve the safety and welfare of children will be referred to the DCSF/ISA

9. SERIOUS PROFESSIONAL INCOMPETENCE • Employer or agent: • ceased to use teacher’s services; • or • might have ceased to use the • teacher’s services had he / she not • not resigned or similar The General Teaching Council for Wales

10. KEY ASPECTS • “Registrability” versus “Employability” • A two stage process • Less serious matters will not go to a hearing Investigating Stage Professional Conduct / Competence hearing

11. HEARING OUTCOMES • Facts not proved • Facts proved but not unacceptable professional conduct / serious professional incompetence or a relevant offence • Reprimand– recorded for two years, then removed permanently • Conditional registration order – recorded for period indicated. If no period set, then a conditional registration will be held permanently • Suspension order – removed for the period specified. If teacher is re-admitted, no details are subsequently held. NB Education Act 2002 allows conditions to be applied to a suspension order • Prohibition order – removed from Register. If re-admitted following a determination, no details are subsequently held

12. CASEWORK UPDATE

13. Nature of Referrals

15. Decisions – hearing stage

16. Allegations found proved – disciplinary order imposed

17. ISSUES AND LEARNING POINTS • Referrals • Legal duty for employers to refer cases • Dismissal • Resignation in circumstances where might have ceased to use teachers services • Compromise agreements, ill health retirements • Who should refer – LEA, school or supply agency?

18. ISSUES AND LEARNING POINTS • Case involving a teacher from your school • Copy of Notice of Investigation or Proceedings • Complaints • Circumstances where no conviction/caution or dismissal, but employer has “concerns” • School / LEA queries about whether or not to dismiss • Details of orders imposed • GTCW provides details of all disciplinary orders to LEAs and minor offences (where teacher consents). Disciplinary orders on website for 3 months.

19. SUITABILITY FOR REGISTRATION (APPLICANTS)

20. TEACHER REGISTRATION • What registration means? – “a licence to teach” • Hold QTS • Deemed suitable (CRB disclosure) • No restrictions, barrings e.g. List 99, GTCW disciplinary order • New Vetting and Barring Scheme (ISA no.) - FUTURE • Met Induction standards • 5 year Induction Rule on supply teaching • Public access – public and employer reassurance

22. CASEWORK UPDATE

23. Nature of disclosures

25. Applications for Registration Refused

26. ARE THESE APPLICANTS SUITABLE FOR REGISTRATION? Applicant 1 Criminal Record disclosed: Conviction: Theft – Shoplifting / Theft – Shoplifting Conviction: Theft from Vehicle Conviction: Theft Conviction: Arson / Breach of a Conditional Discharge Conviction: Driving whilst Disqualified / No Insurance Conviction: Theft / Fraudulently Altering Vehicle Excise License / Fraudulently Using Vehicle Excise License / No Insurance / Minor Road Traffic Offence Caution: Theft – Shoplifting Applicant 2 Criminal Record disclosed: Conviction: Possessing Controlled Drug – Class B – Cannabis / Supplying Controlled Drug – Class B – Cannabis / Conveying an Article to a Prisoner Conviction: Prostitute Soliciting / Prostitute Loitering – SEVEN SEPARATE CONVICTIONS

27. ISSUES AND LEARNING POINTS • In the last twelve months, we have seen: • a secondary school employ a person who had failed his initial teacher training course • a primary school take on a teacher whose application for teacher registration had yet to be approved by GTCW as a result of a string of previous criminal offences • a primary school employ a teacher on the basis of an out of date Criminal Records Bureau disclosure record, which did not contain details of criminal offences recently committed • a teacher who was on List 99 (the list of persons deemed unsuitable to work with children) approach a special school for work • a secondary school dismiss a teacher for misconduct, yet the LEA / school did not refer the matter to the Welsh Assembly Government as they are legally required to do

28. LEGAL RESPONSIBILITY FOR EMPLOYERS Every qualified teacher who carries out the ‘specified work’ of a teacher in a maintained school in Wales must be registered with GTCW Ensure your school is checking the Register of Qualified Teachers when appointing a new teacher

31. An integral part of a teacher’s responsibility is to maintain the high standards of conduct expected of a professional who is entrusted with the care and education of pupils. Undoubtedly, common sense and avoiding risky and inappropriate situations will go a long way to achieving this. However, the Council considers it is helpful to teachers to have an awareness and understanding of issues and situations which might potentially arise and which could call a teacher’s professionalism into question. This leaflet is intended to aid teachers by setting out examples of such issues and situations.

32. Inappropriate material, the internet and e-mail • A teacher should avoid situations both within and outside school which could bring them into conflict with the law or have an actual or perceived impact upon their status as a teacher. • Teachers should ensure that: • they fully comply with LEA / school policies and procedures for the use of ICT facilities, e-mail and the internet; • they exercise caution in communicating with pupils, including via e-mail, text messaging, other media messaging or in sharing e-mail addresses; • they exercise caution in relation to contact / web cam sites (for example, chat rooms, message boards and newsgroups). • Teachers should ensure that they do not: • have in their possession inappropriate materials / images in electronic or other format on school premises; • have in their possession at any time illegal materials / images in electronic or other format; • access inappropriate websites or download inappropriate materials on school premises; • access at any time illegal websites or download such materials at anytime or in any place.

33. Teachers and pupils …. “Teachers ensure that relationships with pupils are based on mutual trust and respect”. • Innocent comments or contact between pupils and teachers can be misconstrued. Teachers should always ensure that their relationships with pupils are appropriate to the age and gender of the pupils concerned. Attitudes, demeanour and language all require care. • Teachers should ensure that: • they are aware of the potential dangers of being in a one-to-one situation with a pupil at any time but especially outside the school setting. This includes giving lifts to pupils, visiting their homes or contact in a social context; • any photographing / videoing of pupils complies with LEA / school guidelines; • in the course of carrying out any pastoral role, they conduct conversations with a pupil about sensitive issues professionally; • they have regard to the safety and welfare of pupils. • Teachers should ensure that they do not: • have inappropriate physical contact with pupils; • engage in personal correspondence with pupils; • discuss their own personal relationships with pupils; • swear at pupils, use offensive names or make inappropriate remarks about their gender, race, religion, sexual orientation, appearance, age, language or special needs.

34. CONTACT DETAILS The General Teaching Council for Wales Telephone 029 20550350 Fax 029 20550360 E-mail hayden.llewellyn@gtcw.org.uk Website www.gtcw.org.uk