CODEOFCONDUCT ANDPRACTICEFOR REGISTEREDTEACHERS · effectivefrom1october2009 codeofconduct...

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Effective from 1 October 2009 CODE OF CONDUCT AND PRACTICE FOR REGISTEREDTEACHERS PHOTO REDACTED DUE TO THIRD PARTY RIGHTS OR OTHER LEGAL ISSUES PHOTO REDACTED DUE TO THIRD PARTY RIGHTS OR OTHER LEG

Transcript of CODEOFCONDUCT ANDPRACTICEFOR REGISTEREDTEACHERS · effectivefrom1october2009 codeofconduct...

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Effective from 1 October 2009

CODEOFCONDUCTANDPRACTICEFORREGISTEREDTEACHERS

PHOTO REDACTED DUE TO THIRD PARTY RIGHTS OR OTHER LEGAL ISSUES

PHOTO REDACTED DUE TO THIRD PARTY RIGHTS OR OTHER LEGAL ISSUES

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Now we have a code that makes apowerful positive statement aboutcontemporary teaching.

It shows how you encourage learningand how you work with colleagues,other professionals and parents.

Instead of describing the unacceptable,it sets out a shared picture of teacherprofessionalism.

WWW.GTCE.ORG.UK

“WHAT WE SHARE”Teaching's new code

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This Code sets out expectations of conduct and practicefor registered teachers. Its purpose is to guide teachers’everyday judgements and actions and provide the GeneralTeaching Council for England (GTCE) with principles to usein regulating the profession.

The GTCE developed the Code with teachers and otherswith an interest in teaching and learning. It reflects thestandards that teachers expect of themselves and othersexpect of the profession.

Teaching – a skilled and trusted profession

Teachers have a profound and lasting influence on thedevelopment and life chances of children and youngpeople. Their knowledge, skill, judgement, creativity andcommitment play a vital role in society.

Given the importance of teaching to children and youngpeople, and society as a whole, it is essential that teacherscontinue to maintain standards of teaching practice andprofessional conduct.

How standards are maintained

As members of a skilled and trusted profession, teachersare responsible for reflecting on their own conduct andpractice and ensuring that they meet the standards requiredof them.

Expectations of teachers are set out in national standards1,statutory duties and employment contracts. Teachers’actions are also guided by a set of professional values thatinform everything they do.

1 Important documents which articulate expected standards ofteacher practice include: the School Teachers’ Pay and ConditionsDocument; the National College for School Leadership NationalStandards for School Leaders; and the Training and DevelopmentAgency’s Professional Standards for Teachers.

INTRODUCTION

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One distinct value that teachers share is a commitmentto continual learning and development – for children andyoung people, colleagues and themselves. Teachers’ workis also shaped by other important values of public life,including: selflessness; integrity; honesty; objectivity;accountability; openness; and leadership2.

In addition to commitment on the part of teachersthemselves, successful teaching and learning rely on thereciprocity, goodwill and support of others. Employers andschool leaders have a critical role to play in supportingteachers to meet their obligations and to continuallydevelop their practice.

The role of the GTCE

As the professional and regulatory body for teaching,the GTCE has an important role in strengthening teacherprofessionalism.

Launched in September 2000, the GTCE is independentfrom Government, and is made up of practising teachersand others in society involved in teaching and learning indifferent ways3. It aims, in the public interest, to:

• contribute to improving standards of teaching and thequality of learning; and

• maintain and improve standards of professional conductamong teachers.

The GTCE is the awarding body for qualified teacher status(QTS) in England and maintains a register of qualified

2 These are the seven principles of public life identified by theNolan Committee.

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teachers. All teachers (including supply and temporaryteachers) in maintained schools and pupil referral units,and in non-maintained special schools must be registeredwith the GTCE. Other qualified teachers, including someof those who work in the independent sector, choose toregister. Trainee teachers, instructors and overseas trainedteachers are required to be registered with the GTCE ona provisional basis.

Professional regulation

The GTCE is responsible for assuring the maintenanceof standards of practice and conduct among those on itsregister. One important way in which it does this is throughprofessional regulation.

The purpose of professional regulation is to protect childrenand young people and safeguard the standing of theprofession by assuring that the conduct and practice ofthose on the register does not fall seriously short ofexpected standards.

The GTCE investigates and may take action againstregistered teachers who are dismissed by their employersfor incompetence or misconduct, or who resign insituations where dismissal is a possibility.

This Code also applies to trainee teachers, instructors andoverseas trained teachers who are provisionally registeredwith the Council. The GTCE investigates and may takeaction against trainees who are required to leave a coursefor reasons of misconduct, or who choose to discontinue

3 The GTCE’s aims and functions are set out in the Teaching andHigher Education Act 1998 amended by the Education Act 2002.The essential duties of GTCE are to provide advice to the Secretaryof State and others on section 2(2) matters, to fulfil registrationfunctions and to provide an annual report to the Secretary of State.The most significant powers of GTCE are to produce and enforcethe Code of practice [section 5] and to promote the standing of theteaching profession [including, but not limited to, giving advice,organising conferences and lectures and arranging for thepublication of information].

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their studies in circumstances in which they could havebeen required to leave. However the provisions of the Codethat relate to professional competence do not apply totrainees since they are not yet qualified.

This Code of Conduct and Practice sets out the principlesthat the GTCE will use as part of a fair and robustdisciplinary procedure.

The focus and interpretation of the Code

The Code focuses on behaviours and the way in whichteachers conduct themselves on a day-to-day basis.It reflects the professional values outlined above and theStatement of values for integrated working, drawn up bythe GTCE, the General Social Care Council and the Nursingand Midwifery Council in 2007.

The Code includes examples of instances in whichteachers’ conduct or practice has fallen seriously shortof expected standards and the GTCE has takendisciplinary action. These examples are intended to give anindication of how the GTCE may interpret the Code in itsdisciplinary proceedings.

The Code sets out expectations of reasonable standards ofbehaviour but does not limit a teacher’s right to a private life.

The Code refers throughout to ‘the school’. However,it applies to all registered teachers, whatever theirinstitutional setting.

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How the Code was developed

The teaching profession has had a Code in place since20044. In 2007, the GTCE began a process to update andrefresh the Code, to ensure that it continues to supportteacher professionalism in a changing context5.

This revised Code has been produced following wideconsultation with teachers and others with an interest inteaching and learning. The consultation process compriseda series of structured discussions with groups ofstakeholders before drafting, and a detailed, systematicnational consultation on the draft Code.

The GTCE has also carried out an Equality ImpactAssessment to assess the possible impact of the Code,either positively or negatively, on different groups, whetherby ethnicity, disability or gender. The GTCE has concludedthat the likely impact is positive, given the expectations ofpractice that it sets out. The GTCE will monitor the impactof the Code in accordance with its responsibilities as apublic body.

4 Prior to 2004, the GTCE had a Statement of Professional Values andPractice which influenced the standards for achieving qualifiedteacher status and passing induction.

5 In revising the Code, the GTCE has undertaken a range of activities,including: a review of lessons from the current regulatory process;commissioned research into the nature of modern professionalism;and a national consultation process. The reports of the exploratory,stage of the engagement on the code and of the structuredconsultation on the draft code are available on the GTCE website.

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Registered teachers:

1. Put the wellbeing, development andprogress of children and young people first

2. Take responsibility for maintaining the qualityof their teaching practice

3. Help children and young people to becomeconfident and successful learners

4. Demonstrate respect for diversity andpromote equality

5. Strive to establish productive partnershipswith parents and carers

6. Work as part of a whole-school team

7. Co-operate with other professionalcolleagues

8. Demonstrate honesty and integrity anduphold public trust and confidence in theteaching profession

EIGHTPRINCIPLESOFCONDUCTANDPRACTICE

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Put the wellbeing, development and progressof children and young people first

Registered teachers:

• Use their professional expertise and judgement todo the best for the children and young people intheir care

• Take all reasonable steps to ensure the safetyand wellbeing of children and young people undertheir supervision

• Follow their school’s child protection policiesand procedures

• Establish and maintain appropriate professionalboundaries in their relationships with children andyoung people

• Demonstrate self-awareness and take responsibilityfor accessing help and support in order to ensurethat their own practice does not have a negativeimpact on learning or progress or put children andyoung people at risk of harm

• Use appropriate channels to raise concerns aboutthe practice of other teachers or professionals if thishas a negative impact on learning or progress orrisks harming children and young people.

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Take responsibility for maintaining the qualityof their teaching practice

Registered teachers

• Meet the professional standards for teachingrelevant to their role and the stage they havereached in their career

• Develop their practice within the framework of theirschool’s curriculum

• Base their practice on knowledge of their subjectarea/s and specialisms, and make use of researchabout teaching and learning

• Make use of assessment techniques, setappropriate and clear learning objectives, planactivities and employ a range of teachingmethodologies and technologies to meet individualand group learning needs

• Reflect on their practice and use feedback fromcolleagues to help them recognise their owndevelopment needs; actively seek out opportunitiesto develop their knowledge, understanding, skillsand practice

• Meet the requirements laid down by theirprofessional body, the GTCE, to maintain theirregistration status.

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Help children and young people to becomeconfident and successful learners

Registered teachers

• Uphold children and young people’s rights and helpthem to understand their responsibilities

• Listen to children and young people, considertheir views and preferences, and involve them indecisions that affect them, including those relatedto their own learning

• Have high expectations of all children and youngpeople, whatever their background or aptitudes,and find activities that will challenge and supportthem all

• Promote children and young people’s confidenceand self-awareness by clarifying how assessmentwill be used to support improvement, providing clearand specific feedback, and celebrating their success

• Communicate clear expectations about pupilbehaviour to ensure disruption to learning isminimised and children and young people feel safeand secure

• Help children and young people prepare for thefuture by engaging them with the implications ofchanges in society and technology and offeringthem impartial advice and guidance about theirfuture options.

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Demonstrate respect for diversity and promoteequality

Registered teachers

• Act appropriately towards all children and youngpeople, parents, carers and colleagues, whatevertheir socio-economic background, age, gender,sexual orientation, disability, race, religion or belief

• Take responsibility for understanding and complyingwith school policies relating to equality ofopportunity, inclusion, access and bullying

• Address unlawful discrimination, bullying, andstereotyping no matter who is the victim orthe perpetrator

• Help create a fair and inclusive school environmentby taking steps to improve the wellbeing,development and progress of those with specialneeds, or whose circumstances place them at riskof exclusion or under-achievement

• Help children and young people to understanddifferent views, perspectives, and experiences anddevelop positive relationships both within schooland in the local community.

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Strive to establish productive partnerships withparents and carers

Registered teachers

• Provide parents and carers with accessible andaccurate information about their child’s progress

• Involve parents and carers in important decisionsabout their child’s education

• Consider parents’ and carers‘ views andperspectives, including those that relate to theirchildren’s development

• Follow school policies and procedures oncommunication with and involvement of parents andcarers, including those that relate to sensitive areassuch as attendance and exclusion.

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Work as part of a whole-school team

Registered teachers

• Endeavour to develop productive and supportiverelationships with all school colleagues

• Exercise any leadership and managementresponsibilities in a respectful, inclusive and fair way,and in accordance with contractual obligations andnational standards

• Uphold school policies and procedures, and raiseany concerns about the life or running of the schoolin a responsible and appropriate way

• Contribute to colleagues’ learning and development;provide honest, accurate, and justifiable commentswhen giving references for, or assessing theperformance of, colleagues

• Participate in whole-school development andimprovement activities

• Recognise the important role of the school in the lifeof the local community, and take responsibility forupholding its reputation and building trust andconfidence in it.

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Co-operate with other professionals in thechildren’s workforce

Registered teachers

• Seek to understand the roles of other professionalcolleagues in the children’s workforce

• Communicate and establish productive workingrelationships with other professional colleagues

• Ensure that they are clear about their ownprofessional contribution to joint working, seekingclarification where this is needed

• Understand that in sharing responsibility for childrenand young people’s wellbeing and development theyshould always act within their own competence andresponsibilities.

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Demonstrate honesty and integrity and upholdpublic trust and confidence in the teachingprofession

Registered teachers

• Exercise their responsibilities in relation to theexamination and assessment of achievement andattainment in a fair, transparent and honest way

• Demonstrate honesty and integrity in managementand administrative duties, including in the use ofschool property and finance

• Understand that their duty to safeguard children andyoung people comes first, but otherwiseacknowledge the rights of children and youngpeople, families, and colleagues to confidentiality, inline with statutory requirements and school policies

• Represent their professional status accurately andavoid taking advantage of their professional position

• Maintain reasonable standards in their ownbehaviour that enable them to maintain an effectivelearning environment and also to uphold public trustand confidence in the profession.

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How cases are referred to the GTCE

Misconduct and incompetence

Employers (including of supply and temporary teachers) arerequired to notify the relevant authority when registeredteachers are dismissed or cease employment for reasonsof misconduct or incompetence, or where they resign incircumstances where dismissal was a possibility.

Where employers judge misconduct to involve a risk ofharm to children and young people, they are required torefer cases to the Independent Safeguarding Authority(ISA). Other misconduct cases, and all cases ofincompetence, should be referred direct to the GTCE.The GTCE expects that teachers referred on grounds ofincompetence will have already been the subject ofsignificant action under formal capability procedures.

Training providers must notify the relevant authorities iftrainees are required to leave a programme for reasons ofmisconduct or they choose to discontinue their studies incircumstances in which they could have been required toleave. Where training providers consider that misconductinvolves a risk of harm to children and young people, theymust refer cases to the ISA. All other cases should bereferred direct to the GTCE.

Members of the public may make an allegation ofprofessional misconduct, but not of incompetence, directlyto the GTCE.

Criminal activity

Under the provisions of Home Office Circular 45/86,teaching is a ‘notifiable’ occupation. This means that thepolice report any conviction or caution of a teacher to theCriminal Records Bureau. Offences involving a risk of harmto children, or to vulnerable adults, are considered by theISA. All other convictions and cautions are passed to theGTCE, who have a role in determining if a caution orcriminal offence is relevant to a teacher’s registration.

THEUSEOFTHECODEINTHEGTCE’SDISCIPLINARYPROCEDURES

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The GTCE’s disciplinary proceduresand sanctions

The Council has a rigorous and fair process in place toinvestigate and hear cases.

Investigating and hearing committees comprise a majorityof teacher members, as well as others involved in teachingand learning. Hearings normally take place in public. Incertain circumstances, where it is in the public interest andthe interests of justice, the Council may resolve a casewithout a hearing.

If a hearing committee finds that the facts amount tounacceptable professional conduct, serious professionalincompetence or that the teacher has committed a relevantcriminal offence, it may issue one of the followingsanctions:

• a reprimand, which remains on the Register fortwo years;

• a conditional registration order, which appliesconditions to a teacher’s continuing registration;

• a suspension order, suspending the teacher’sregistration for up to two years, and which may alsohave conditions attached; or

• a prohibition order, excluding the teacher from theRegister. Under this order, a teacher may be permitted toapply for restoration of their eligibility to register after twoyears, or after some other specified time. However, incertain cases, no application may be allowed.

Examples of circumstances in which the GTCEhas taken disciplinary action

This section provides examples of instances in whichregistered teachers have fallen seriously short of theexpected standards of conduct and practice set out in thisCode, and have had disciplinary action taken against themby the GTCE. The list of examples is not exhaustive, but isintended to help teachers and others to understand how

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GTCE disciplinary committees might interpret the principlesset out in the Code.

1. Put the wellbeing, development and progress ofchildren and young people firstThe GTCE has taken action against teachers who have:engaged in inappropriate relationships with pupils; failedto follow child protection procedures; failed to safeguardthe health and safety of pupils on school trips.

2. Take responsibility for maintaining the quality of theirteaching practiceThe GTCE has taken action against teachers who have:demonstrated systematic inability to establish clearlearning objectives or engage pupils in appropriatelearning activities; failed to operate effective assessmentprocedures, mark student work or differentiate betweenthe learning needs of pupils; taught with inadequatelevels of subject knowledge.

3. Help children and young people to become confidentand successful learnersThe GTCE has taken action against teachers who have:repeatedly failed to adapt schemes of work to meet theneeds and abilities of individual pupils; continually failedto provide adequate feedback to students; persistentlyfailed to maintain student behaviour and interest.

4. Demonstrate respect for diversity and promoteequalityThe GTCE has taken action against teachers who have:behaved towards pupils, parents or carers in a mannerwhich is discriminatory in relation to gender, maritalstatus, religion, belief, race, ethnicity, class or sexualorientation; sworn at pupils or colleagues or madedisparaging personal remarks about their appearance orbackground; intimidated or provided inadequate supportto children with special educational needs.

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5. Strive to establish productive partnerships withparents and carersThe GTCE has taken action against teachers who have:engaged in inappropriate contact with parents and carers;made racist or sexist comments about parents or carers;lent school property to parents and carers withoutpermission.

6. Work as part of a whole-school teamThe GTCE has taken action against teachers who have:failed to follow absence reporting procedures;demonstrated inability to lead a school or adequatelymanage a curriculum area; failed to follow appropriateprocedures for the recruitment, promotion, reward ordiscipline of staff.

7. Co-operate with other professional colleaguesThe GTCE has taken action against teachers who have:failed to follow child protection procedures, where theinvolvement of outside agencies was required; failed tofollow procedures for providing a statement of specialeducational needs; failed to work collaboratively withcolleagues outside the school in relation to school trips.

8. Demonstrate honesty and integrity and uphold publictrust and confidence in the teaching professionThe GTCE has taken action against teachers who have:used school administrative staff and facilities for privatepurposes; accessed inappropriate material on the internetusing school equipment; falsified coursework orotherwise improperly benefited pupils in examinations;and falsified qualifications, references or misrepresentedthe pattern of employment in applying for posts.

Also relevant under this principle are examples of wherethe GTCE has taken disciplinary action with respect tocriminal offending. Examples of relevant offences haveincluded: benefit fraud; indecent assault; inflictinggrievous bodily harm; possession of prohibited firearmsor illegal drugs.

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Further information

The disciplinary functions of the Council are prescribed bythe General Teaching Council for England (DisciplinaryFunctions) Regulations 2001 and the General TeachingCouncil for England (Disciplinary Functions) AmendmentRegulations 2003.

The Teaching and Higher Education Act 1998 empowersthe GTCE to set a Code, and the General Teaching Councilfor England (Registration of Teachers) Regulations 2000cover the distribution of the Code to registered teachers.

Further information about the GTCE and its regulatory anddisciplinary role and procedures can be found on itswebsite:www.gtce.org.uk/regulation

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We are building support materials for teachersand those who work with them which showhow the Code can be used. These materials willbe made available on the code pages at

WWW.GTCE.ORG.UK

“WHAT WE SHARE”

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CODE

Publication date: September 2009Publication code: P-CODE-1009

Birmingham: Victoria Square House,Victoria Square, Birmingham B2 4AJ

London:Whittington House,19-30 Alfred Place, London WC1E 7EA

0370 001 0308 / [email protected]

Please email [email protected] a copy of this leaflet in Braille,large print or on disc