24-25/45

I am responding to the following request for information that you submitted on 25 September:

I have been following FtP Panel Hearing outcomes for sometime. In 2024 I have noticed that there has a noticeable drop in the number of hearings to the point that none have been held for a while. As such, I would like a copy of all information held by the GTCS in relation to this. For example, minutes of meetings, emails or documents related to this.

On receipt of your request, our Information Governance Officer referred it to the regulatory investigations team, who conducted searches based on the terms of your request. They were unable to find anything that corresponded with what you had asked, however they were of the view that it was possible to provide you with information in relation to this matter that might help to explain the reasons why the number of hearings has fluctuated in recent years.

In terms of the relevant statutory provisions, I am therefore applying section 17 (information not held) but by way of advice and assistance under section 15, I am providing the following information, much of which can be found in the Fitness to Teach insight Report that we published in April this year.

The overall point worth making is that there is no real pattern to the cases that we see. The facts of each individual case will clearly have an impact on how cases are concluded, with a range of disposals being applied. The majority do not require a full hearing.

In terms of full hearings, numbers have varied over the last few years, not least because of the impact of the pandemic on the administration of hearings and then the consequential impact in subsequent years of restrictions being lifted and dealing with a backlog.

That having been said, we do face challenges that can cause delays to our caseload. Where this involves an external factor, it is often to do with difficulty obtaining information that we require from third parties. For example, a number of more serious cases involving criminal prosecutions have resulted in acquittals, which has created challenges for us in obtaining the necessary evidence from criminal justice agencies.

We also face challenges that can have an impact on scheduling hearings. Our Fitness to Teach process relies on the cooperation and involvement of others in it, particularly teachers. Where cases are more complex due to the allegations involved and/or procedural matters raised once the cases have been referred, this can result in a greater number of days being required for full hearings. This has a consequential impact on Panel Member availability, as it can sometimes be difficult for teachers to secure release from schools in order to participate in more complex hearings, particularly those held face-to-face. There can also be issues with availability when hearings are scheduled during school holidays.

Again, I would refer you to our Fitness to Teach Insight Report for further information about our process and the various influences that have an impact on what we do.

You may contact informationgovernance@gtcs.org.uk if you are dissatisfied with this response, to request GTC Scotland to conduct a review of it. You should describe the original request and explain your grounds of review. You have 40 working days from receipt of this response to submit a review request. When the review process has been completed, if you are still dissatisfied, you can refer to the Scottish Information Commissioner’s guidance on making an appeal.

Apologies again for the delay in getting this response to you.