Procedural Decisions – Vulnerable Witness/Virtual Hearing - Teacher A

Definitions

• ‘GTC Scotland’ means the General Teaching Council for Scotland;
• the ‘Panel’ means the Fitness to Teach Panel considering the case; and
• the ‘Rules’ (and any related expression) means the GTCS Fitness to Teach Rules 2017 or refers to a provision (or provisions) within them.

Background

The Procedural Meeting was arranged to consider the following:

1. Virtual Hearing Application
2. Vulnerable Witness Application Pupil A
3. Vulnerable Witness Application Pupil B

Evidence

In accordance with rule 1.7.17, the Panel admitted all of the documents and statements listed below as evidence for the purposes of the hearing:

1. Virtual Hearing and Vulnerable Witness Applications by Presenting Officer, dated 20 June 2022
   (a) Appendix B (for Virtual Hearing Application), dated 20 June 2022
2. Email chain containing the response from Teacher’s Representative.

Preliminary matters

The Panel carefully considered the terms of Rule 2.5.1:

At any stage of proceedings, a anel of its own volition, on the Convener’s direction or upon the application of a party (in such form as may be specified by the Servicing Officer), may:

(a) determine any interim or preliminary matter that has arisen in the case;

(b) resolve any issues of law; or

(c) consider an application for a case to be cancelled.

Unless a party has (in the relevant application) requested that a procedural hearing be held or a panel considers that such a hearing is necessary in the particular circumstances, the above matters will be considered by a panel at a meeting based on the written representations made by the parties in compliance with case management directions set for this purpose.

The Panel noted that neither of the parties requested the procedural hearing in the submissions made. Further to this, the panel considered that a procedural hearing was not necessary. Therefore, the Panel proceeded to consider the matter on the papers.

Virtual hearing application

The Panel considered the application  and submissions made in response which addressed, in particular, the following factors:

• Is the Teacher represented?

The Teacher is represented by a solicitor.

• Does the Teacher have any particular needs or vulnerabilities?

No issues of any particular needs or vulnerabilities in respect of the teacher have been raised.

• How will the Teacher and representative, if any, communicate during the hearing?

This Panel did not have particular information about this factor but would understand that the teacher and his representative will make appropriate arrangements to communicate with each other during any virtual hearing.

• The nature of the proceedings and issues to be determine?

The proceedings will be a Fitness to Teach Full Hearing to determine allegations relating to the Teacher‘s alleged conduct which may bear upon his fitness to teach.  

• The estimated length of the hearing?

The hearing is expected to last 8-10 days.

• The extent and complexity of the issues in dispute?

The outstanding issues were not described as complex.

• Will the hearing take place in public or (partly) in private?

The hearing will take place in public.

• The volume of documentation to be referred to during the hearing?

The papers comprise of 421 pages.

• The nature of witnesses to give evidence at the hearing?

There are nine witnesses, of whom two are pupils, four are parents and three are professionals.

• How long is each of the witnesses estimated to give evidence for?

Each witness is expected to give evidence for no longer 2 hours.

• Do any of the witnesses have particular needs or vulnerabilities?

No issues of any particular needs or vulnerabilities of the four parental and three professional witnesses have been raised. The Presenting Officer has made an application for the 2 pupil witnesses, Pupils A and B, to be treated as vulnerable witnesses in terms of the GTC Scotland Witnesses and Hearsay Evidence Practice Statement and Rule 1.7.29 as they are both under the age of 18.

• What confidence is there that each witness will be able to follow questions easily and any documents being referred to?

There is great confidence that the witnesses will be able to follow questions easily and any documents referred to.

• How will witnesses be provided with hearing documentation?

An individual witness bundle will be emailed to each witness shortly before they are due to give evidence.

• Will all participants at the hearing have access to a suitable electronic device?

It is anticipated that each witness to be called has access to a suitable electronic device. It is envisaged that GTC Scotland and participants will perform checks in advance of any virtual hearing to ensure that such a hearing is at that time viable.

• Will all participants have a suitable internet connection capable of coping with the requirements of a virtual hearing?

It is anticipated that each witness to be called has access to a suitable internet connection.

• Will all participants have an appropriate location from where they can participate alone and undisturbed?

It is anticipated that each witness to be called has access to an appropriate location from which to participate.

The Teacher’s Representative indicated that the Teacher has adopted a neutral position in respect of the virtual hearing application and both Vulnerable Witness applications. The Teacher’s Representative indicated that if the applications were to be granted, that the Teacher is seeking to have impartial supporters present for Pupils A and B, in particular neither parents nor other family members.

Decisions

Virtual hearing application

The panel appreciated that it should balance all of the relevant factors outlined above, the interests of the parties and the public interest in deciding whether or not the full hearing should be held virtually.

The panel carefully considered the application and submissions made in response to it. The panel had regard to the rules and to the GTC Scotland Use of Electronic Communications in Hearings Practice Statement as well as the advice, as required, of the Legal Assessor and Servicing Officer.

The panel decided that the balance of the various factors and interests to be assessed in determining the issue weighed in favour of granting the application for the hearing to be held virtually. The panel did not consider that there were any personal, evidential, practical or technical reasons to refuse the application. In addition, the panel observed that the Teacher had adopted a neutral position with regard to the application. Further, given the ongoing issues caused by the Covid-19 pandemic, there would be a considerable delay if the application were to be refused.

Having carefully considered all of the available information, the panel decided that the balance of the various factors and interests to be assessed in determining the application weighed in favour of granting the application made. The panel therefore granted the Presenting Officer’s application for the Teacher’s Fitness to Teach full hearing to be conducted virtually.

Vulnerable witness application

The Presenting Officer submitted an application in terms of Rule 1.7.29 seeking that the two pupil witnesses, Pupils A and B, be treated as vulnerable witnesses as they are both under the age of 18. The Teacher’s Representative submitted that the Teacher has adopted a neutral position in respect of the application. However, the Teacher’s Representative has indicated that should the application be granted, that the Teacher is seeking that the supporters for the pupils are impartial, in particular not witnesses in the case nor other family members.

The Panel had careful regard to the application, the written submissions by both parties and the supporting papers. The panel also took account of the provisions within the Rules and the guidance provided by the GTC Scotland Witness and Hearsay Evidence Practice Statement which states that in terms of Rule 1.7.29, the circumstances in which a panel may treat a witness as a vulnerable witness include ’where the witness is under the age of 18’. The Panel noted that the age of Pupils A and B was stated to be under 18. The Panel noted the Teacher’s neutral position. The panel was satisfied that there was a compelling reason for granting the application for both pupil witnesses to be treated as vulnerable witnesses due to their age. The Panel considered that the attendance of impartial supporters for both pupils when giving evidence would be appropriate.

The Panel concluded for the reasons set out above that there were compelling reasons in the particular circumstances of the case to justify making the order that the two pupil witnesses, Pupils A and B, would be treated as vulnerable witnesses to be attended by impartial, specifically non-familial, supporters. Accordingly, the application for witnesses Pupils A and B to b treated as vulnerable witnesses was granted.