About Us

Teachers Defence Service represents teachers in General Teaching Council of Northern Ireland (GTCNI) Professional Conduct Inquiries.

Below we summarise the main legislative provisions. The article is not an exhaustive one. On other pages we provide additional guidance on how you might prepare your defence or mitigation case for a professional conduct matter. If you would like assistance with the preparation of your case, either purely advisory or to also include representation at a GTCNI Professional Conduct hearing, do get in touch with us.

About the General Teaching Council of Northern Ireland (GTCNI)

The teaching profession in Northern Ireland is regulated by the General Teaching Council for Northern Ireland (GTCNI). It is a professional body and its responsibility is to ensure that a teacher is suitable to be a member of the teaching profession of Northern Ireland.

,If a referral is made about a registered teacher in Northern Ireland the GTCNI will only consider an allegation that is related to misconduct or a conviction for a relevant offence, and only once all employer processes are completed.

Legislation and publications

The primary legislation is the Education (Northern Ireland) Order 1998. This sets out the statutory functions of the GTCNI one of which is to hold a register of all registered teachers in Northern Ireland. 

The specific powers of the GTCNI are contained in the General Teaching Council for Northern Ireland (Registration of Teachers) (Amendment) Regulations (Northern Ireland) 2015 (SR 2015/151). 

This amends the General Teaching Council for Northern Ireland (Regulation of Teachers) Regulations (Northern Ireland) 2004. 

The GTCNI also published the Conduct Rules 2019 which sets out the process of an investigation and hearing.

GTCNI and Teacher Competencies

In 2018, the GTCNI published the Digest of Teacher Competencies. This document sets out the core values expected of teachers In Northern Ireland. 

The Regulatory Process

The majority of referrals are made by an employer following completion of local employer processes or from the police (PSNI). A member of the public may make a referral as long as it can be demonstrated that the same issue has previously been raised with an employer and all local procedures have been completed.

Investigations

The GTC investigates types of referrals where:

The allegation of misconduct is of a serious nature, falling significantly short of the standard of behaviour expected of a teacher;

The allegation of misconduct is such that it may bring the profession into disrepute;

The conviction of an offence relevant to being a registered teacher.

The process includes a number of stages following a referral:

The Screening stage establishes if the referral falls within the statutory remit and is capable of amounting to an allegation.

Investigation stage is where an Investigating Panel, drawn from the membership of the Regulatory Panel, will look at the available evidence and written response from the teacher concerned and decide if there is a case to answer.

If the Investigating Panel determines that there is no case to answer the GTCNI will write to the teacher concerned setting out the reasons for the decision. If an Investigating Panel decides that there is a case to answer then the matter will be referred to a Conduct Panel.

If an Investigating Panel refers a case to a Conduct Panel on the grounds that a registered teacher has a case to answer, GTCNI may consider a recommendation for voluntary removal. The Conduct Rules, Rule 14 and 15 set out the circumstances and procedures for voluntary removal including a requirement for the teacher concerned to sign an agreed statement of facts and accept that the allegations amount to misconduct or a conviction of a relevant offence. 

If GTCNI decides that a teacher will be offered voluntary removal the GTCNI will write directly to the teacher and ask them to sign an agreed statement of facts. Conduct Rule 14(2) sets out the minimum criteria for a recommendation for voluntary removal.

Conduct stage is where a Conduct Panel is drawn from the membership of a Regulatory Panel to form a decision on the conduct of a registered teacher.

Hearings

At the Conduct Panel hearing, the Presenting officer will set out the case against the teacher concerned on behalf of the Council, and the teacher or their representative will have the opportunity to challenge the case. 

The burden of proof shall rest with the Presenting officer and the standard of proof will be the civil standard, ‘on the balance of probabilities.’ 

Both the Presenting officer and the teacher concerned, or their representative will have an opportunity to call witnesses, present and question evidence (both oral and written) in accordance with the Conduct Rules 22, 23 and 24.

The Conduct Panel, in making its recommendation, will consider whether the facts of the case, all or in part, are proved, and if the facts are admitted or proved, determine whether those facts amount to misconduct, or a conviction of a relevant offence. 

If a Conduct Panel determines that misconduct or conviction of a relevant offence has been established, both the Presenting officer and the teacher or their representative can set out any aggravating or mitigating circumstances that should be considered.

If an allegation of misconduct or conviction of a relevant offence is proven and it is found that the behaviour is fundamentally incompatible with being a teacher, the only sanction available is to recommend to the Council that it make an Order to remove them from the Register.

However, it may be that a Conduct Panel finds that misconduct or conviction of a relevant offence has been proven but do not recommend removal from the Register. 

In reaching its recommendation the Conduct Panel must set out its reasoning in full. This will include setting out the recommendation for how long it is before a teacher who has been removed from the Register must wait before they can apply for re-admittance.

Council Stage Decision to Remove a Teacher from the Register

There is also a subsequent Council stage where a sub–committee, drawn from the membership of the Council, will make a decision based on the recommendations of a Conduct Panel, and may make an Order to remove a teacher from the Register.

See the GTCNI’s Guidance for more information on professional conduct processes.

Appeal

Any person aggrieved by the decision of the Council to impose an Order shall have the right of appeal against an Order to the High Court within 28 days from the date on which the Order is served on them.

Our Services

We can provide advice and guidance, or advocacy services (including representation at 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 General Teaching Council of Northern Ireland?