About Us

Teachers Defence Service represents teachers in General Teaching Council for Scotland (GTCS) Provisional Registration applications and Appeals, and Professional Conduct matters.  

Below we summarise the main legislative provisions relating to provisional registration, and appeals. It is not an exhaustive treatise.

Provisional Registration and Appeals

Under Rule 4.1 of the Fitness to Teach and Appeals Rules 2012, it is stated that:- 

Where the General Teaching Council for Scotland (GTCS) receives a recommendation from an employer or previous employer: 

(1) that a Registrant’s period of probationary service be extended to give the Registrant more time to demonstrate that he/she has met the standard of professional competence required to gain full registration; or 

(2) that a Registrant’s provisional registration be cancelled as it is alleged that his/her fitness to teach is impaired by reason of a lack of professional competence,

GTC Scotland will notify the Registrant concerned in writing of that recommendation and provide him/her with no fewer than 14 days in which to intimate in writing that he/she wishes to challenge the recommendation made. If the Registrant does not so intimate, a Fitness to Teach Panel may direct that the recommendation is accepted. If the Registrant intimates a challenge or should a Fitness to Teach Panel be of the view that a hearing should be held, the Servicing Officer will arrange a probationary service hearing.

Probationary Service Hearings (a ‘quasi-appeal’)

A probationary service hearing will be held in private. Under Rule 4.3.6 it is stated;

Unless a Panel determines otherwise as the circumstances may require, and where a Respondent is in attendance, the order of proceedings at a probationary service hearing will be as follows –

(a) The Convener will require the parties present to identify themselves.  

(b) The Convener or Servicing Officer of the Panel will introduce the case. 

(c) The Respondent will be invited to make his/her submission.  

(d) The Panel will be invited to question the Respondent.  

(e) Where the Panel see fit, the Panel will seek information from any other person and will question them accordingly.  

(f) The Respondent will be invited to provide any concluding remarks. 

(g) Any Legal Assessor participating in proceedings will be invited to provide the Panel with advice. 

(h) The Panel will deliberate in private and make its decision in accordance with Rule 4.5: 

(a) the Respondent be granted provisional or full registration in part or parts of the Register; 

(b) the Respondent’s provisional registration be continued;

(c) the period of probationary service requiring to be completed by the Respondent be extended; 

(d) the Respondent’s name be removed from the Register; 

(e) an application for re-registration be refused.

If, at a probationary service hearing, provisional registration is cancelled by an Order of a Fitness to Teach Panel a subsequent registration application may be made to apply for provisional registration.

The reasons why the decision was made to remove provisional registration will be relevant to the Fitness to Teach Panel in making its decision about whether the applicant is now fit to teach.

The subsequent registration application is not an appeal from, or review of, the original findings and determination. The decision of the previous Panel therefore remains.

The Fitness to Teach Panel will consider:

1. The competence matters that led to the cancellation of provisional registration and the reasons given by the original Panel for the decision;  

2. Whether the applicant accepts and shows insight into those matters; 

3. Whether the matters are capable of being resolved and, if so, whether the willingness has been shown and ability to do so; and 

4. What steps have taken to keep professional knowledge and skills up to date.

If the applicant is re-registered following the hearing, he/she will be required to complete a further probationary period which will be set in accordance with the policy, Policy and Guidance – Provisional Registration and Probationary Service.

If a subsequent registration application has been made because the time limit for probation has expired the Panel’s focus will principally be on what steps have been taken to keep professional knowledge and skills up to date.

The period of probationary service will be subject to the terms of the policy. In order to be granted full registration, the applicant will need to meet the requirements described in the policy and set out in the Rules.

Further, under Rule 4.4 of the Fitness to Teach and Appeals Rules, where a Panel directs that a Respondent’s name be removed from the Register at a subsequent registration application, the Respondent will not be entitled to be re-registered except in compliance with a direction of a Fitness to Teach Panel. 

As part of making a direction that a Respondent’s name be removed from the Register, the Panel may also direct that the Respondent will be prohibited from applying, or as the case may be applying again, for registration until the expiry of such period (not exceeding 2 years) as it may determine.

APPEALS

A Respondent will have the right to lodge an appeal with the Appeals Board where there are grounds to ask for the decision concerned to be reviewed in terms of a Fitness to Teach Panel having either: (a) failed to act in accordance with these Rules; or (b) made an error in law or in fact, that has had a significant impact on the decision made.

Any such appeal must specify the grounds of the appeal and be made within 28 days of the date of service of the notice of the decision.

Further Appeal to Court of Session (the Scottish High Court)

A Respondent may also have the right to appeal the decision concerned to the Court of Session.

Our Services

We can provide advice and guidance, or advocacy services (including representation at hearings and appeals), if instructed, to assist you in dealing with the GTCS 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

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