Teachers Defence Service

EWC Representation

Legal Representation Cases concerning the Education Workforce Council for Wales

Legal Representation at the EWC

About Us

Teachers Defence Service represents teachers in Education Workforce Council for Wales (EWC) Professional Conduct Inquiries.

Below we summarise the main legislative provisions. It is not exhaustive. On other pages, we provide additional summary guidance on how you might prepare your defence or mitigation case. If you would like assistance with the preparation of your case, either purely advisory or to also include representation at EWC Professional Conduct hearings, do get in touch with us. We advise teachers in EWC matters and act as representative at hearings.

The Education Workforce Council Professional Conduct Investigation

The Education Workforce Council (EWC) can investigate any case referred to it if it thinks the allegations are capable of amounting to an allegation of unacceptable professional conduct, serious professional incompetence or a conviction of a relevant offence. The EWC does not accept complaints related to health.

Complaints to the EWC

Most of the referrals are received from employers. However, any person or organisation can make a complaint. A complaint must be about the alleged unacceptable professional conduct or serious professional incompetence of a registered person.

EWC Definitions (Conduct and Incompetence)

For the EWC’s purposes, unacceptable professional conduct means ‘conduct which falls short of the standard expected of a registered person’ and serious professional incompetence means ‘conduct which demonstrates a level of competence which falls seriously below that expected of a registered person, taking into account all the relevant circumstances.’

Legislation and Publications

The primary legislation is set out in the Education (Wales) Act 2014, ‘The Act’ which sets out the functions of the EWC and is responsible for maintaining a register of all registered persons.

The Act is supported by the Education Workforce Council (Main Functions) (Wales) Regulations 2015, ‘The Regulations.’

The EWC also has rules, the Disciplinary and Procedure Rules 2017,’’The Rules’ which set out the provisions for fitness to practise proceedings. 

The EWC published its revised Code of Professional Conduct and Practice (in September 2019). This provides the standards expected of registered persons. 

Fitness to Practise

Where the EWC accepts a complaint about a registered person’s fitness to practise, it will forward it to an Investigating Committee for investigation. Before this investigation, the EWC will send the complaint and supporting information to the registered person. He or she will be given time to respond to the complaint. Information about the complaint will also be sent to the registered person’s employer. The employer will be asked whether or not it has received the complaint, investigated it, and for the outcome of that investigation if concluded. All information gathered will be given to the Investigating Committee.

The committee’s role is then to decide whether or not there are likely to be findings of unacceptable professional conduct, serious professional incompetence and/or a conviction of a relevant offence if the case were to proceed to a public hearing.

The EWC will consider all breaches of our Code of Professional Conduct and Practice but will only investigate those where it is believed to meet the high  threshold for unacceptable professional conduct, serious professional incompetence, and/or a conviction for a relevant offence might be met.

At the present time there is no power to impose an interim order whilst the investigation as ongoing, unlike other regulating bodies. However, in December 2017, the Children, Young People and Education Committee published a report on the ‘Teachers’ Professional Learning and Education inquiry.’ The report included a recommendation to the Cabinet Secretary for Education for the EWC to be given legislative powers to impose interim suspension orders. The report was published in January 2019. 

If an investigating committee concludes that a registrant has a ‘case to answer’. The registrant is invited to attend and / or be represented at a public hearing. Only the most serious examples of breaches of the Code will be referred to a public hearing. 

The EWC has the power, under Rule 9 of The Rules, to recommend to a Fitness to Practise Committee that, by consent, a Voluntary Reprimand or Voluntary Prohibition Order be imposed. This will be held at a meeting, in private. If the Committee decides against the recommendation, the case will be transferred to a differently constituted Fitness to Practise Committee.

At a public hearing, the EWC will present their evidence. Their role is to prove the facts of the case through presentation of documentary evidence and witnesses.
Likewise, the registered person will have had an opportunity to make written representations to the committee prior to the hearing, and may also produce witnesses in support of their case and/or choose to give verbal evidence to the committee.

The committee will consider all the evidence presented on paper, provided by witnesses, before privately considering the facts of the case. 

The burden is on the EWC to prove the case on the ‘balance of probabilities’, whether it is more likely than not the facts of the allegations are proven, and whether they amount to unacceptable professional conduct, serious professional incompetence, and/or a conviction for a relevant offence. 

The committee will then decide whether registration should be affected by one of the ‘disciplinary orders’:

  • Reprimand: (two years) means registration is not affected and a registrant can continue practising.
  • Conditional Registration Order: (any time period) means registration is not affected as long as the conditions set by the Committee are met.
  • Suspension Order: (up to two years) means registration is suspended. The individual will not be able to practise. The individual cannot practise in Wales for the period stipulated by the committee.
  • Prohibition Order: means registration is removed and the individual will no longer be allowed to practise in Wales. The Committee sets a time period (not less than two years) after which the individual may apply to be re-considered as suitable for registration. Should no such application be successfully made, the Prohibition Order remains in force.

Under Rule 38 (1) of The Rules, ‘Any person aggrieved by the decision of a Fitness to Practise Committee to impose a disciplinary order shall have the right of appeal against the order to the High Court within 28 days from the date on which Notice of the order is served on him or her. An appeal lies to the High Court of England and Wales.

Our Services

We can provide advice and guidance, or advocacy services (including representation at EWC hearings), if instructed, to assist you in dealing with this regulator. Our fees are competitive. Give us a call on 020 3012 0402 without obligation and in strict confidence to see how we can assist you. Or, use our Contact Form.

Teachers Defence Service

Who can represent a teacher at the Education Workforce Council for Wales?

  • Rule 14:
    (3) The registered person against whom an allegation is made may appear in person or be represented by any person of his or her choice, including a legal representative.

Teachers Defence Service represents teachers in EWC cases in Wales.

 

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Other Info

Who can represent a teacher at the Education Workforce Council for Wales?

  • Rule 14:
    (3) The registered person against whom an allegation is made may appear in person or be represented by any person of his or her choice, including a legal representative.

Teachers Defence Service represents teachers in EWC cases in Wales.