Conduct referral (employers)

Discretionary referrals

As outlined in our Threshold policy, we would expect discretionary referrals to be made by employers by exception in cases where it is considered that the risk is so serious that immediate action needs to be taken by GTC Scotland to restrict the teacher’s registration in the interests of public protection.

This would apply in cases where the allegations are very serious, for example, sexual abuse, violence or serious child protection matters.

Before making a discretionary referral, please consider the following information:

• Does the conduct alleged create an urgent and immediate concern about the teacher?
• Are you making this referral immediately upon being alerted to the concerns about the teacher, or has there been a delay in making this referral?
• Is the teacher currently employed or suspended?

Mandatory referrals

As outlined in our Threshold policy, employers must legally refer a case to us if:

• A teacher is dismissed on grounds of misconduct or incompetence; or
• A teacher resigns or otherwise stops working for the employer in circumstances where, but for leaving that employment, the employer would have or might have dismissed the teacher on grounds of misconduct or incompetence.

Before making a mandatory referral, please confirm the following information:

• Has the local investigation concluded?
• Has the teacher been dismissed?
• Has the teacher resigned or otherwise stopped working for you?

Information required

We require the following information from you when submitting a conduct referral:

• A summary of the behaviour that resulted in disciplinary investigation (including when the behaviour occurred and where).
• The evidence relevant to the allegation(s), in particular:
  • details of witnesses who were interviewed together with copies of their statements/interview minutes;
  • any documentary evidence that was used as part of the investigation.
• A brief summary of the teacher’s position (including any physical/mental health issues (or other mitigating factors) that were raised during the disciplinary process).
• Information on if any of the following agencies have been involved (and if so, any relevant reference numbers):
  • Police Scotland;
  • Crown Office and Procurator Fiscal Service;
  • Disclosure Scotland, and/or
  • Care Inspectorate.
• If criminal charges have been brought, a note of those charges.
• The current employment status of the individual concerned.
• Details of any previous disciplinary incidents (including a summary of the behaviour and confirmation of the outcome of the disciplinary process).
• Any other information that may reasonably be relevant to our investigation.
• If names are redacted in the paperwork, a key must be provided. We will always take care to maintain learner confidentiality. We may need to take our own statements so knowing who is who is important.

All employers of teachers are legally compelled to provide us with information about the teachers that they employ if this is reasonably required in connection with the performance of our functions.

It is not a breach of data protection legislation for information to be provided in these circumstances.

For more information for Employers involved in Fitness to Teach cases, see our advice for employers involved in Fitness to Teach cases.