TOWARDS REGISTRATION -CONTINUING THE PROFESSIONALISATION OF

THE WORK BASED LEARNING SECTOR

Hayden Llewellyn

Deputy Chief Executive

OVERVIEW

• Progress of the Education (Wales) Bill

• How professional regulation currently operates for teachers

o Registrationo Fitness to Practiceo Professional Code

• Opportunities for the Work based learning sector

EDUCATION (WALES) BILL

• Who? (If involved in Teaching and Learning)• School support staff• FE lecturers and support staff• WORK BASED LEARNING STAFF• Youth workers

• Timescales?• Currently being considered by Children and Young Persons

Committee• Act early 2014• Establishment of Regulations 2014-15 and preparatory work• New body (Education Workforce Council) April 2015

EDUCATION (WALES) BILL

• Development of Regulations (Welsh Government)• Constitution of new body• Contents of Register, who may register and legal requirements on

employers• Fee arrangements

• Preparatory arrangements (Welsh Government)• Shadow Council• Professional Code• Consult on fee levels

• When will WBL staff be registered / regulated?• Registration and regulation prioritised – 1 to 2 years • WG keen to have workforce data• Qualifications, Induction, Professional development, Standards –

future years

WHAT DOES REGISTRATION / REGULATION ACTUALLY MEAN IN PRACTICE?

Regulation of theTeaching Profession inthe interests of the public

Specific work onprofessionaldevelopment orteacher recruitment

Advice to governmentand others on majorteaching and learningissues

WHAT DOES THE GTCW DO?

WHO SAFEGUARDS THE PUBLIC?

Profession UK Regulatory Bodies

Doctors General Medical Council (GMC) / MPTS

Nurses / Midwives Nursing and Midwifery Council (NMC)

Lawyers Solicitors Regulation Authority (SRA)

Barristers Bar Standards Board

Social care workers Care Council for Wales (CCW)

Dentists General Dental Council (GDC)

Vets Royal Society of Veterinary Surgeons

Opticians General Optical Council (GOC)

15 professions e.g. Physiotherapists, Speech Therapists, Chiropodists

Health Care Professions Council (HCPC)

Pharmacists Royal Pharmaceutical Society

Osteopaths General Osteopathic Council

Surveyors Royal Institute of Chartered Surveyors

Accountants Institute of Chartered Accountants

HOW DOES GTCW PROTECT THE PUBLIC?

• Every teacher working in a maintained school in Wales must be registered with GTCW. Any school, LA, parent or member of the public may check the Register of Teachers

• GTCW has a legal duty to investigate and hear cases against registered teachers where it is alleged that a teacher is guilty of unacceptable professional conduct, serious professional incompetence or been convicted of a relevant criminal offence

• GTCW may issue a Code of Practice laying down standards of professional conduct and practice expected of registered teachers

TEACHER REGISTRATION

• What registration means?

• Hold QTS• DBS disclosure• No restrictions, barrings e.g. DBS barred list, GTC

disciplinary order• Self declaration• Met Induction standards• Returning to teaching criteria • Payment of annual fee

• Legal requirement on employer • Access – public and employer reassurance

SUITABILITY – APPLICATIONS FOR REGISTRATION

Applications withdrawn 13

Suitability assessments concluded

2006-07 40

2007-08 69

2008-09 76

2009-10 66

2010-11, including 1 ISA bar 65

2011-12 67

2012-13 78

2013-14 (to date) 36

TOTAL 517

Assessments on-going 2013-2014 7

EXAMPLES OF REGISTRATION APPLICATIONS REFUSED

Conviction: Procuring execution of valuable security by deception

(3 offences)

Conviction: Attempt/procuring execution of valuable security by deception

(3 offences)

Conviction: Obtain a money transfer by deception

(6 offences)

Conviction: Forging document other than prescription for scheduled drug / Obtaining service by deception (except railway fraud)

(3 offences)

Conviction: Driving a Motor Vehicle with Excess Alcohol

Conviction: Failing to Provide a Specimen for Analysis (Driving or Attempting to Drive)

Caution: Threatening to Damage or Destroy Property

Caution: Possession of a Class B Drug – Cannabis Resin

Declaration made by the applicant:

• Final Written Warning by a former employer (school) for having an inappropriate relationship with a 16 year old pupil

‘CRB Soft information’

It was disclosed by the CRB that the applicant had been sectioned under the Mental Health Act on three separate occasions

Failure by the applicant to declare:

A GTCE Reprimand (expired)

A dismissal by a former employer (school)

A Final Written Warning imposed by a former employer (school)

Registration FeesUK Regulatory Body Profession Registration Fee

Solicitors Regulation Authority Solicitors £836 first registration / £440 renewal

General Chiropractic Council Chiropractors £800

General Osteopathic Council Osteopaths £610

General Dental Council (GDC) Dentists

Dental care professionals e.g. dental nurse, hygienists, technician

Dentists £576

Dental care professionals £120

General Medical Council (GMC) Doctors £390

Royal Society of Veterinary Surgeons Vets

Veterinary Nurses

£299

£109

General Optical Council (GOC) Opticians £260

£20 students

Royal Pharmaceutical Society Pharmacists £192

The Institute of Engineering and Technology

Engineers and Technicians £146 - £186 depending on level of qualification

Nursing and Midwifery Council (NMC) Nurses / Midwives £100

Health Professions Council (HPC) 15 professions e.g. Physiotherapists, Speech Therapists, Chiropodists

£76

The Teaching Council (Ireland) Teachers in the Republic of Ireland 90 Euros (approx £75)

GTCW, GTCS & GTCNI Teachers £45, £45, £44

Care Council for Wales (CCW) Social workers / social care managers £30

INFORMATION ABOUT THE PROFESSION?

• Gender• Age• Qualifications• Ethnic group• Disability• Welsh language• Teacher training• Employment• Geographic

Criminal offences (conviction, caution,

reprimand, warning, bind over, fixed penalty notice)

WHAT CASES ARE REFERRED TO GTCW AND HOW?

Any cases involving harm or risk of harm to children are referred to the DBS

Any cases involving harm or risk of harm to children are referred to the DBS

The General Teaching Council for Wales

Dismissal / resignation (allegations of unacceptable

professional conduct or serious professional

incompetence)

Police force

Employer: Local Authority, School, Supply Agency Complainant

Other Including from the DBS, or

complaints (Parent, member of the public, fellow teacher,

pupil)

DISCIPLINARY CASES – REGISTERED TEACHERSCases concluded

2001 to 2002 3

2002 to 2003 14

2003 to 2004 17

2004 to 2005 16

2005 to 2006 16

2006 to 2007 34

2007 to 2008, including 1 ISA bar 23

2008 to 2009 23

2009 to 2010 43

2010 to 2011 58

2011 to 2012, including 1 ISA bar 37

2012 to 2013, including 1 DBS bar 43

2013 to 2014 (to date) 21

Cases on-going 2013-2014 34

TOTAL 382

Description Number in total

Criminal offences 206

Allegations of unacceptable professional conduct – employer referral 95

Criminal offences & allegations of unacceptable professional conduct 25

Allegations of unacceptable professional conduct – non-employer referral 37

Allegations of unacceptable professional conduct and serious professional incompetence – employer referral

4

Allegations of serious professional incompetence – employer referral 15

Total number of cases received by the Council to date 382

Financial year

concluded

2001/ 2002

2002/ 2003

2003/ 2004

2004/ 2005

2005/ 2006

2006/ 2007

2007/ 2008

2008/ 2009

2009/ 2010

2010/ 2011

2011/2012

2012/ 2013

2013/ 2014 (to

date)

Live cases

On-

going

Number of cases

0 0 0 0 0 0 1 1 1 1 0 6 2 7

Allegations of serious professional incompetence

All allegations

Criminal Offences Number

Driving with Excess Alcohol / In charge of a motor vehicle with excess alcohol / Failing to provide a specimen of breath / Failing to provide a specimen for analysis / Being drunk and disorderly / Failing to stop after Accident / Failing to Report an Accident / Dangerous Driving / Minor Road Traffic Offence (or combination)

124

Assault Police / Common Assault / Battery / ABH / GBH 22

Public order offences - Using threatening, abusive or insulting words or behaviour likely to cause distress/Using disorderly behaviour or threatening/abusive/insulting words likely to cause harassment alarm or distress/Affray/Threats to Kill (or combination)

11

Criminal damage - Destroy or damage property 5

Theft – shoplifting / from motor vehicle 17

Drugs offences – possession of controlled drugs (MDMA, cannabis, cocaine, heroine, methadone, LSD)

11

Deception and Forgery 4

Harassment 2

Driving a Mechanically Propelled Vehicle while Unfit through Drink or Drugs (Drugs) / Dangerous Driving (referred to DCSF) – resulted in ISA Barring

1

Owner allowed dog to be dangerously out of control in public place and cause injury 1

Placing article causing bomb hoax 1

Possession of prohibited weapons and ammunition 1

Publishing in publication a matter likely to identify complainant 1

Combination of offences (various categories of offence) 31

{

Conduct allegations referred to the Council Number of cases

Inappropriate level of punishment/force/restraint 17

Inappropriate relationship with a pupil or pupils 16

Combination of misconduct issues 15

Misuse of school or home IT 12

Examinations and coursework 9

Failing to comply with procedures 8

False declarations and forged documents 7

Emotional abuse and negligence - pupils 6

Breach of trust 5

Theft from school 4

PROFESSIONAL CONDUCT CASES

OUTCOMES OF ALL CASES SINCE JUNE 2001

Teacher who 'spent hours' on Facebook during class guilty of misconduct

Teacher who showered with pupils is struck off

A teacher who had sex with a 16-year-old school pupil has been struck off the teaching register indefinitely by a disciplinary panel.

Emma Louise Ager was an English teacher at Rhymney Comprehensive School, Caerphilly, when she began the relationship with the teenager. After a prank call to her number, Ager phoned the pupil back and the pair chatted. The pupil, who appeared as a witness, claimed the teacher had "bombarded" him with phone calls and sexual text messages during their two-month relationship in March 2008.

The panel was told how the pair would meet up almost daily to have sex in her car, with her telling him he would be "a legend" among his friends.

Miss Ager, 34, denied the allegations, but a General Teaching Council for Wales panel found her guilty of unacceptable professional conduct. The panel chairman, Steve Powell, ruled that Ager would be subject to an "indefinite" Prohibition Order.

Teacher struck off after sex with pupil, 16

How this registered teacher breached the Code:

Key Principle: Registered teachers base their relationship with pupils on trust and respect

Teachers conduct their relationships with pupils professionally and appropriately both in school and out of school

Teachers ensure any communication with pupils is appropriate, including communication via electronic media

How these registered teachers breached the Code:

Key Principle: Registered teachers base their relationship with pupils on trust and respect

Teachers follow policies, procedures and guidelines on matters such as communication with pupils, physical pupil contact, behaviour management, inclusion, access and equality of opportunity

STRUCK OFF: Teacher falsely claimed young relative was dying of cancer to

get time off work

A teacher who lied that a child was dying of cancer in order to get time off work has been struck off.

Kelly Baker, 31, was given paid leave during her "elaborate story," which she kept going for more than a year. The teacher, who also faked 13 health problems, was given a six-month jail term suspended for two years in 2012 after admitting two counts of fraud.

A General Teaching Council for Wales (GTCW) disciplinary hearing in Cardiff was told she even phoned the school on one occasion to say she could not work because the child had lost the use of their legs and fallen into a coma. She produced fake medical certificates on her home computer in a bid to back up her story. But her lies were exposed when her head teacher tried to visit the child in hospital to deliver a card.

The panel said: "We have heard evidence that Miss Baker's persistent and dishonest behaviour did adversely affect the emotional wellbeing of her pupils. She abused the trust of the school authority and her colleagues and her conduct did have serious financial implications for the school”.

How this registered teacher breached the Code:

Key Principle: Registered teachers act with honesty and integrity - Teachers comply with policies, procedures and guidelines in respect of the use of school property, facilities, finance and ICT

Key Principle: Registered teachers uphold public trust and confidence in the teaching profession - Teachers adhere to lawful standards of behaviour, in a manner in keeping with their position as a member of the teaching profession

Talented teacher lied for ideal jobAn "exceptionally talented" music teacher has been struck off the teaching register for lying on his CV.

Marcus Hopkin applied for his "ideal job" as music teacher at Christ College in Brecon, and claimed he had a distinction in his music A-level and a qualification from the Birmingham Conservatoire. He was given the job but a year later, routine checks by the college uncovered that his qualifications were fake. Mr Hopkin had only achieved a grade C for music A-level. He also failed to complete his Associate of Birmingham School of Music (ABSM) qualification in piano performance.

Mr Hopkin, 32, told the hearing: "I have no excuse for lying on my application form. I wanted to impress a prestigious employer so I falsely stated my qualifications“, and denied his behaviour amounted to professional conduct. But chairman Gareth Jones said the deception meant they had no choice but to impose the most serious disciplinary order, a Prohibition. He said: "Your actions were premeditated and deliberate, and fundamentally incompatible with the teaching profession.

How this registered teacher breached the Code:

Key Principle: Registered teachers act with honesty and integrity

Teachers represent themselves, their experience, professional position and qualifications honestly

CODE OF PROFESSIONAL CONDUCT AND PRACTICE

The Code sets out the standards of good conduct and practice that can be expected of registered teachers in Wales.

It is intended to guide teachers’ judgements and inform parents, pupils and the general public of what they can expect from registered teachers

Consultation Responses

• WG consultation on revised Induction Regulations

• WG consultation on Employment-based Teacher Training

• WG consultation on Specified Work and Registration Regulations

Policy and Advice

• Advice to WG: Raising the bar in ITET and Early Career Development

• Professional Development Framework for Teachers in Wales

• Continuing Professional Development, An Entitlement for All

• Chartered Teacher Programme (pilot)

Research

• The experiences of NQTs on the completion of ITET and Induction

• Teacher Recruitment Survey & Action Plan for Teacher Recruitment and Retention in Wales

Position papers

• Leadership, including Headship

• Regulation of the Wider School Workforce

• Coherence and consistency in 14-19 Education

Teacher statistics and research reports

• Annual Statistics Digest

• Analysis of teachers who trained on the GTP

• Analysis of supply teachers in Wales

• Employment tracking of NQTs 5 years after gaining QTS

• An analysis of the time taken to complete the Induction period

ADVICE TO GOVERNMENT AND OTHERS

PROFESSIONAL DEVELOPMENT

• Administer award of Qualified Teacher Status and Induction

• Hear Induction Appeals

• Administer funding and tracking for:• Induction• Eearly Professional Development• Masters in Educational Practice

OPPORTUNITIES FOR THE WBL SECTOR

• Raise professional standards and public perception through registration and regulation

• Establish minimum training qualifications for entry to the profession

• Establish professional standards

• Establish professional development arrangements / structures

• Advise government and other stakeholders (if requested)

• Promote recruitment to profession (if requested)

PROFESSIONALISATION

CONTACT DETAILS

The General Teaching Council for Wales

Telephone 029 2046 0099

E-mail hayden.llewellyn@gtcw.org.uk

Website www.gtcw.org.uk