The employer and agent’s responsibility to refer

Employers of registered teachers (schools (Governing Body), Local Education Authorities) and teaching agencies are responsible for referring cases of alleged unacceptable professional conduct and serious professional incompetence to the General Teaching Council for Wales.

An employer or agent must refer a case in line with the Education (Supply of Information) Regulations 2009, where:

• it dismissed, or might have dismissed a registered teacher had he or she not resigned (an employer)

• it terminated arrangements, or might have terminated arrangements with a registered teacher had he or she not terminated them or similar (an agent)

If an employer or agent imposes a sanction which falls short of dismissal (for example, a verbal warning or final written warning), it does not need to make a referral.

Compromise agreements do not remove an employer’s responsibility to refer.

The referral process

Allegations of unacceptable professional conduct

An employer or agent must report the facts of a case to the General Teaching Council for Wales where:

1. an employer has ceased to use a teacher’s services or an agent has terminated arrangements, on a ground relating to the teacher’s misconduct; or
2. an employer might have ceased to use a teacher’s services on such a ground had the teacher not ceased to provide those services, or an agent might have terminated arrangements on such a ground if the teacher had not terminated them; or
3. an agent might have refrained from making new arrangements for a teacher on such a ground if the teacher had not ceased to make himself or herself available for work.

Allegations of serious professional incompetence

An employer or agent must report the facts of the case to the General Teaching Council for Wales where:

1. an employer has ceased to use the services of a person or an agent has terminated arrangements for a worker who is a registered teacher, on a ground relating to his or her professional incompetence;
2. an employer might have ceased to use the services of a person who is a registered teacher on a ground relating to his or her professional incompetence, had he or she not ceased to provide those services, or an agent might have terminated arrangements on a ground relating to his or her professional incompetence if the worker had not terminated them;
3. an agent might have refrained from making new arrangements for a worker who is a registered teacher on a ground relating to his or her professional incompetence, if the worker had not ceased to make himself or herself available for work.

Referral papers – what to provide

Employers and agents should refer to Part 1 of the Education (Supply of Information) Regulations 2009 in order to ensure all relevant paperwork is included with the referral.

Referrals and the Independent Safeguarding Authority (ISA)

Where the Council receives a referral from an employer or agent, and it appears such a referral may involve the harm, or the risk of harm to children or vulnerable adults, the case will be referred to the ISA.

The ISA may either decide to refer the case back to the Council for consideration on professional grounds, or include the registered teacher in the Children’s Barred List or Adults’ Barred List.

The Council has no remit to investigate or hear any matter which alleges the harm, or risk of harm to children or vulnerable adults.

Regulations

Education (Supply of Information) Regulations 2009:

A copy of this document is available in pdf format here (55k)