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Open, transparent and fair to all
By John Anderson, Head of Professional Practice, GTC Scotland
From time to time, we are asked why Disciplinary Sub-Committee hearings at GTC Scotland's Clerwood House are held in public. John Anderson, Head of Professional Practice, explains the background to this sensitive matter.
In common with the Disciplinary Hearings of the teaching councils in England and Wales and other professional regulators such as those in the health and social work sectors, GTC Scotland's Disciplinary Hearings are also held in public.
Together with the importance of a fair hearing for all parties, the key tenet of the GTC Scotland disciplinary process is the protection of the public (in particular children and young people). It is fundamental that, as the regulatory body, GTC Scotland maintains the reputation of the teaching profession and the public's trust.
Legal context
An individual's right to practise a profession, such as teaching, is seen legally as being so fundamental that it is considered a 'human right'. This means that it is subject to human rights law. In Scotland, the key provisions governing this right are contained in the Human Rights Act 1998, which brought the terms of the European Convention on Human Rights (ECHR) into the UK. The aim of the Human Rights Act and the ECHR is to ensure that human rights are protected. All public bodies must carry out their functions in accordance with these legal provisions.
So, what does this mean in terms of GTC Scotland and your registration as a teacher? Of course, it would be unlawful for GTC Scotland to violate the terms of the ECHR when carrying out its functions - it must protect your human rights. GTC Scotland therefore has to ensure that, if it ever considers removing or restricting your right to practise through its disciplinary hearing process, this is done in accordance with ECHR provisions. The key legal protection relevant to our proceedings is 'Article 6', which gives an individual the right to a "fair and public hearing within a reasonable time by an independent and impartial tribunal established by law".
Unless there are exceptional circumstances, therefore, GTC Scotland has to ensure that its disciplinary hearings are held in public so that they meet the ECHR Article 6 requirement and are held in the spirit of openness and transparency that the ECHR fosters.
There are also other legal reasons why GTC Scotland holds its disciplinary hearings in public
GTC Scotland is also required by the legislation that established it to act in the public interest and, unless certain special circumstances apply, to hold its disciplinary hearings in public.
Why is this? Holding open and transparent disciplinary hearings is the primary means by which GTC Scotland can ensure accountability to both the public, and the teaching profession at large, in its disciplinary decisions and in the way they are reached. In this respect, it mirrors the operation of courts and employment tribunals, which are also held in public.
With the introduction of Freedom of Information (FOI) legislation, large volumes of information held by public bodies must now be made publicly available. This adds a wider dimension to the spirit of openness and transparency in which GTC Scotland must operate and the public accountability that it now has.
Put simply, the wider public would not accept hearings being held behind closed doors, just as they would not accept court, Council or government decisions being taken in private.
Are disciplinary hearings ever held in private?
Yes, hearings can be held partly in private, where it is shown that the particular circumstances outweigh any public interest in holding the hearing in public.
This could be done, for example, where a child witness is involved.
In all cases, however, the allegations being made against the individual, and the final decision and reasons behind it, must be announced in public.
Members of the public and media attending disciplinary hearings
No more than seven days prior to a Disciplinary Sub Committee hearing, brief information about the hearing is put on the GTC Scotland website.
Similarly, the outcomes of hearings are published upon completion of the case. Members of the media who attend hearings have exactly the same status as members of the public; however a strict protocol is in place which governs how media (including photographers) conduct themselves within Clerwood House and its grounds. GTC Scotland cannot by law control how the media report cases; however, the Council makes available post-hearing information to facilitate, as far as possible, accurate reporting of decisions and reasons associated with the cases heard.
In conclusion, GTC Scotland does not support attempts to 'name and shame' teachers. Teachers, however, do a highly valued job and one where standards of conduct and competence are of great importance. GTC Scotland is accountable not only to the teaching profession itself, but also to the public; and the Council is subject to a whole host of legal requirements governing the conduct of its procedures - it is for these reasons that hearings are held in public.