Original request
Summary of request
Full request
Please could you let me know how many cases have been cancelled under the 2017 Rules where:
- the referral was made while the 2017 rules were in force,
- and where the referral was made within five years of the most recent alleged misconduct,
- and where the application for cancelation was made after a panel had decided to refer the case on for hearing proceedings under rule 2.3.2
- and where the application to cancel cited the fact that five years had passed since the most recent alleged misconduct.
Response
I refer to your request for information (FOI 24-25/52)dated 22 October2024 for records related to the cancellation of cases under the Fitness to Teach process which we have handled under the Freedom of Information (Scotland) Act (FOISA). Please see our response to your queries below.
Firstly, you asked “how many cases have been cancelled under the 2017 Rules where the referral was made while the 2017 rules were in force”. My colleagues within our Regulatory Investigations confirm that that there have been 5 cancellations since the Rules came into effect on 27 August 2017.
Secondly, you asked, how many involved a case where “the referral was made within 5 years of the most recent alleged misconduct”. In 4 cases, the referral was made within 5 years of the most recent alleged misconduct.
Thirdly, you asked, how many had been cancelled“ where the application for cancelation [sic] was made after a panel had decided to refer the case on for hearing proceedings under rule 2.3.2”. In 5 cases, the application for cancellation was made after the case was referred on for a Full Hearing.
Finally, you asked, how many involved a case “where the application to cancel cited the fact that five years had passed since the most recent alleged misconduct”. In 2 cases, the application for cancellation cited the fact that 5 years had passed.
You may contact informationgovernance@gtcs.org.uk if you are dissatisfied with this response, to request GTC Scotland 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 may use the Scottish Information Commissioner’s guidance on making an appeal to make an appeal to the Commissioner.