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.