Complaints about Registered Teachers
Part 5 of the Teaching Council Act 2001 (as amended) (“the Act”) provides for the consideration and investigation of complaints relating to registered teachers, by the Teaching Council’s Investigating Committee.
The Investigating Committee stage of the process (the initial screening stage) is held completely in private. Part 5 of the Act provides for the holding of inquiries/hearings by Panels of the Disciplinary Committee, where necessary (usually Panels of 3 Disciplinary Committee Members).
Inquiries are generally held in public (the default position under the Teaching Council Act) with the public and media permitted to attend. The legislation does, however, provide for inquiries to be held in private in certain circumstances, and where applications must be made to the Panel (in private).
Fitness to Teach inquiries can conclude in a number of ways. Part 5 of the Act provides for the possible imposition of sanctions, if a finding is made against the teacher. Inquiries can also conclude where no findings are made, but where a teacher is requested and gives undertakings to the Inquiry Panel not to repeat particular conduct for example or gives undertakings & consents to being censured. Finally, a complaint against a teacher can be dismissed at an inquiry if no finding is made by the Inquiry Panel.
Publication of information only arises when a complaint is referred by the Investigating Committee to the Disciplinary Committee for an inquiry, and where there is a finding and/or sanction imposed in relation to the teacher. Where a teacher provides undertakings to an Inquiry Panel and consents to being censured, this constitutes a sanction and details of same can be published. If a complaint is not referred to the Disciplinary Committee for an inquiry, no information is published.
Fitness to Teach Inquiries
Inquiries take place before Panels of the Disciplinary Committee. A Panel consists of not less than 3 and not more than 5 members of the Disciplinary Committee. Please note that an inquiry could take the form of either an oral hearing, or an Examination of Documents & Written Submissions. An inquiry can only proceed by Examination of Documents & Written Submissions if the teacher makes full admissions, and no facts are in dispute. This type of inquiry takes place in private.
If an oral hearing takes place, the Act states that it will proceed in public unless, having considered an application from the teacher or a witness (which may include the person making the complaint), the Panel decides that it is appropriate to hold all or part of the oral hearing in private, or to proceed in public with particular identifying information anonymised.
Members of the public and media can attend public hearings. A calendar of public hearings will be published on the Teaching Council website, from time to time. However, details of individuals involved in the proceedings will not be published in advance of hearings.
Further information is available for Witnesses at hearings before a Disciplinary Committee Panel, including a glossary of terms for reference.
The Completion of an Inquiry
After considering all of the evidence at the inquiry, the Panel shall deliberate in private session and prepare a report, which will contain details of whether the allegation(s) have been found to be proven. If the inquiry proceeded in public, the Panel will announce its decision in public, and will hear submissions relating to sanction afterwards, or on a subsequent date. The Panel will deliberate in private session following sanction submissions by the Director’s legal team and the teacher’s legal/Union representative, and the Panel will decide on any sanction. If the inquiry proceeded in public, the Panel will announce its sanction decision in public.
If it is decided to impose one of the more serious sanctions (i.e. fitness to teach conditions attached to a teacher’s registration, a suspension from the register for a period not exceeding 2 years, or removal from the register), the teacher has 21 days to appeal this sanction (seek an annulment) to the High Court. If no appeal is lodged, the Teaching Council itself must still apply to the High Court for confirmation of the Panel’s sanction decision. If a decision is taken to remove a teacher from the Register of Teachers, this removal is permanent, if the teacher never reapplies to return to the register. The Act does however require the Inquiry Panel to set a time period after which the teacher may apply to be readmitted to the Register. There is no automatic entitlement to be restored to the register following a removal.
Publication of Inquiry Decisions
Under the Act, it is a matter for the Teaching Council to decide if it is in the public interest to publish the finding/s of the Panel and/or any sanction decided on by the Panel. This applies regardless of whether the inquiry proceeded in public or private (including inquiries by Examination of Documents & Written Submissions). If the Council decides that it is in the public interest to publish, details will be placed on the Council’s website, for varying time periods, ranging from 6 months to 24 months, depending on the sanction.
Other than Council’s publication obligations under the Act, the Teaching Council does not comment on individual cases.
Additional Information
The Council will, at all times, comply with its reporting obligations to bodies, including An Garda Síochána and Tusla (The Child and Family Agency), regarding the protection of children and vulnerable persons.