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ARTICLE · 07 MAY 2019

A Lesson For The Regulator

Most professional regulators use misconduct as a yardstick of fitness to practise. The General Teaching Council for Scotland was no different – until now. In AD v The General Teaching Council

United KingdomConsumer Protection

Most professional regulators use misconduct as a yardstick of fitness to practise. The General Teaching Council for Scotland was no different – until now. In AD v The General Teaching Council for Scotland [2019] CSIH 18, the Court of Session overturned a decision of a GTCS fitness to teach panel. The court called into question the appropriateness of a test of misconduct, despite that test featuring in the GTCS Indicative Outcomes Guidance.

The Fitness to Teach proceedings

A Fitness of Teach panel heard allegations that AD had discussed sensitive information with a vulnerable pupil; made unfounded allegations about the attitudes and behaviours of other staff towards her; and refused to follow instructions to meet with her head teacher.

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