Referring conduct cases
last updated:31 Mar 2009
Cases of teacher misconduct are addressed by either the GTC or the Independent Safeguarding Authority (ISA).
Misconduct cases that relate to the safety of children and young people under 18 should be referred to the ISA. Other conduct cases are dealt with by the GTC.
Referral to either body is a statutory requirement upon teacher employers.
Cases to be referred to the GTC by employers are where the teacher:
- is dismissed for a reason relating to misconduct
- resigns in circumstances where dismissal was a possibility.
What categories of teacher can be referred to the GTC?
All categories of registrant can be referred to the GTC for reasons of misconduct.
Who can make a referral?
Teacher employers are required to refer cases to the Council. However, anybody who has concerns about a teacher’s conduct can refer the case to the GTC, although we expect that issues will have been raised under local complaint procedures first.
To make a conduct referral you need to be a legally recognised employer. For community and controlled schools this will be the local authority. In aided and foundation schools the governing body is the legally recognised employer.
Other legally recognised employers for this purpose are independent schools, further education colleges who employ registered teachers, and supply teacher agencies who engage registered teachers.
Referrals can be made by a human resources provider on behalf of the employer but it is the responsibility of the employer to ensure the referral is made.
The relevant legislation is The General Teaching Council Disciplinary Functions Regulations 2001 (as amended).
Making a referral
All employer referrals should be sent to either Alan Sweeney or Sharon Timmins, the Investigating Team Leaders, at the GTC’s Birmingham address:
The General Teaching Council
Victoria Square House
tel: 0121 345 0065
Tel: 0121 345 0044.
Members of the public should contact:
Tel: 0121 345 0062
When making a referral, please make sure you provide all the necessary documents.
What happens next?
Each case is dealt with according to the GTC’s disciplinary process.
The GTC will first screen the case to check we may deal with it. If appropriate, we will then prepare the case for consideration by an Investigating Committee. The teacher will be given an opportunity to make any statements or representations about the allegation before it goes to the committee.
If the committee finds that there is a case to answer, the teacher is informed, and the case is referred to a Professional Conduct Committee for hearing.
Referral to the ISA
Details of the ISA referral procedure, and a downloadable referral form, can be found on the ISA website.