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Our pivotal responsibility
By John Anderson, Head of Professional Practice, GTC Scotland
Regulating teachers' standards of conduct and competence is a part of the work of GTCS that we do not take lightly
The teaching profession has a central responsibility to prepare Scotland's children and young people for their future lives. Teachers are not only role models in their personal and professional lives, they also play a pivotal role in providing stability and guidance for pupils on their journey towards adulthood.
While recognising that the vast majority of teachers do a very good job, GTCS has a responsibility to ensure that those registered to teach in Scotland's schools and colleges are and remain both competent and suitable to work as teachers. By placing conduct and competence under the overarching umbrella of professionalism in the recently launched Code of Professionalism and Conduct, GTCS underlines the importance it places on the wide area of professional regulation.
Regulating competence
GTCS has had powers to take disciplinary action in respect of the conduct of teachers or those found guilty of criminal offences since it was established in 1965. Throughout that time, it has not shirked its responsibility to ensure that teachers, who are in a unique position of trust, maintain an appropriate level of personal and professional conduct that can be reasonably expected of them by the public, pupils and fellow professionals.
In July 2006, the Council gained additional regulatory powers in the area of competence. This provision flowed indirectly from the McCrone agreement and links GTCS's Code of Practice on Teacher Competence with teachers' national conditions of service.
Dealing with alleged incompetence
GTCS is only entitled to consider cases of alleged serious professional incompetence where an employer has dismissed the teacher on grounds of incompetence. In the initial stages of handling cases of this nature, employers are best placed to address and regulate matters locally. This is recognised in the Code of Practice on Teacher Competence, which through a staged approach, requires that teachers experiencing difficulties are able to access appropriate support and assistance from their employers.
In teaching, as in any occupation or profession, there will be instances of short-lived underperformance which can be addressed successfully to the benefit of all concerned. However, the Code of Practice also provides a process for addressing the small number of cases of long-term, ongoing incompetence which may result in dismissal. As a result, GTCS has now begun to receive referrals from employers where teachers have been dismissed on grounds of incompetence. In all such cases, an employer is legally obliged to inform GTCS, which in turn must investigate matters in order to determine whether there are implications for a teacher's right to continued registration.
Measuring competence
In any case of alleged incompetence, GTCS will measure a teacher's competence against the Standard for Full Registration (SFR). This is the benchmark against which a teacher's classroom practice is assessed. The SFR comprises three main elements:
- professional knowledge and understanding
- professional skills and abilities
- professional values and personal commitment.
If, following the investigation of any allegation of incompetence, it is found that a teacher did not maintain the required level of competence in these areas then action may be taken with regard to their registration.
Distinguishing between provisionally and fully registered teachers
It is important to distinguish between probationer teachers and fully registered teachers when looking at teacher competence. With regard to GTCS's powers relating to competence, this change only affects fully registered teachers. Probationer teachers, whether completing probationary period through the Teacher Induction Scheme or the Alternative Route, are considered to be working towards the SFR and any concerns with regard to competence are addressed within this framework. Once a teacher is fully registered, however, they are also required to continue working at the level of the SFR and any concerns raised in this regard will be addressed in the first instance by employers using the Code of Practice on Teacher Competence.
For the avoidance of doubt, the requirement to maintain the SFR applies to all fully registered teachers, regardless of when they became registered or whether or not they were part of the Teacher Induction Scheme. In other words, all teachers, including those registered before the publication of the Standard for Full Registration, are now expected to maintain this level in their day-to-day work.
The investigation process
Any case which is referred to the GTCS will be investigated fully and fairly and the teacher concerned will be given every opportunity to provide information supporting their position. Ultimately, it is open to the GTCS to remove a teacher from the register if it is found that they are incompetent. Use of this sanction is not taken lightly. However, in the interests of pupils and of the good standing of the profession, the Council will take whatever action is deemed necessary to promote and maintain high standards in the profession.