Adjudicating Probationary Service Hearing - Frequently Asked Questions

If we receive a recommendation for an extension or cancellation of provisional registration, we will write out to the probationer to say that this recommendation has been received. The probationer will be asked to let GTCS know within 14 days if he/she wishes to challenge that recommendation.

The employer makes the recommendation using the online probationer profile system and sends to GTCS a Case Overview Report explaining why the recommendation has been made. The case overview should contain evidence to substantiate the recommendation.

If a probationer does not want to challenge an extension recommendation, the probationary period will be extended by the required number of days, GTCS will let the probationer know how many. If the probationer does not wish to challenge a recommendation for cancellation, a panel will confirm the cancellation without a hearing being held.

Probationers have 14 days in which to let GTCS know. A hearing date will be set and the probationer will be given 21 days clear notice of this date. Local Authority personnel will also be invited to attend this hearing.

There will be 3 people on the Panel, a majority of registered teachers and a lay person. Other GTCS officers and a legal adviser will be present to provide advice and administration but it is only the 3 Panel members who make the decision.

It is recommended that a probationer attends his/her Panel hearing as it is usually helpful to the Panel to be able to hear from the probationer directly, and ask questions. It is open to a probationer to choose not to attend but we would encourage all probationers to think very carefully before making any such decision. If a probationer has chosen not to attend, the case will be heard in the probationer's absence.

A probationer has the right to be represented at a Panel hearing by anyone that he/she feels is appropriate. Probationers are quite often represented by their professional associations (or unions) and seek advice from them as soon as they are aware that a cancellation or extension recommendation is to be made.

Yes. Probationers can and should provide relevant, referenced documentary evidence for consideration by the Fitness to Teach Panel. This is a probationer's opportunity to demonstrate and evidence why he/she considers that the Standard for Full Registration has been met, or to present any mitigating circumstances which he/she feels should be considered by the Fitness to Teach Panel as part of deciding whether or not to accept the local authority recommendation.

Documentary evidence should be sent by the date indicated in the letter informing the probationer of the date of the Panel Hearing. This is to allow the Fitness to Teach Panel some time to review the material in advance of the hearing day.

Probationers are reminded that as a member of the teaching profession, you are required to act with honesty and integrity. All written submissions, and those made orally at the hearing itself, must be truthful. Should it be discovered that any submissions made by a probationer as part of Fitness to Teach Panel proceedings were dishonest or fraudulent in any way, this would be viewed very seriously and may lead to disciplinary action being taken by GTCS.

All evidence, both from employers and probationers should be relevant, clear and cross-referenced. Material is circulated to Panel members and so should not contain names of pupils.

Please note that material will be copied in black and white. Highlighting will not usually be evident so we advise parties not to use it.

GTCS will print out copies of the probationer's profiles to make available to the Fitness to Teach Panel. Probationers and Employers do not need to include profiles but can of course refer to specific parts.

Employers and probationers should not enclose copies or examples of class work.

No – these hearings are held in private.

The Fitness to Teach Panel hearings take place in the GTC Scotland offices at Clerwood House in Edinburgh. All hearings are electronically recorded. A copy of the recording on CD (but no transcript) can be requested from

The Convener of the Panel will introduce the proceedings. Once the Servicing Officer has outlined the circumstances of the case, the probationer will have the opportunity to present his/her case. The following information explains the procedure:

• All parties – probationer and local authority personnel – will be welcomed to the Hearing
• The Convener will take a few minutes to inform parties of the procedures
• The Servicing Officer will introduce the case
• The probationer or representative will be invited by the Convener to make a short opening statement. 15-20 minutes is considered an appropriate length
• The Panel will then ask all parties to leave while they discuss the probationer's statement
• All parties will be invited back and the Panel will ask the probationer questions
• The Panel may seek further information or clarification relevant to the case from any personnel representing the employer
• The probationer or representative will be invited to make a short closing statement
• The probationer, representative and any employer representative will then be asked to leave the room, but requested to remain in the building
• The members of the Panel will deliberate and come to a decision
• Everyone will be asked back to the hearing room and the decision will be announced

The decision of the Panel will be given on the day – unless in unforeseen circumstances, the Hearing is adjourned. A letter confirming the decision in writing and conveying the reasons will be sent within 14 days of the hearing date.

1. Full Registration – (provided a full period of probation has been completed)
2. Extension of the probationary period required
3. Cancellation of provisional registration
4. Continuation of provisional registration (if the full period of probation has not been completed)

This means that the Panel does not think that the probationer has yet met the SFR and, in the circumstances, should be given more time to do so. The probationer will still need to demonstrate, at the end of any period of extension, that the SFR has been met.

If the Panel has extended a period of probation on the Teacher Induction Scheme, the probationer should seek further advice from the Local Authority Probation Manager.

If the Panel has recommended cancellation of registration, there is a 28 day period in which to appeal. The probationer's name remains on the Register and the probationer may continue in current employment during that time. The Local Authority and school make the decision of how the probationer is to be deployed. If the probationer does not appeal within the 28 day period, provisional registration will be cancelled and the probationer may no longer legally be employed as a teacher in Scottish state schools. If the probationer does appeal, the name of the probationer remains on the register until the decision is made.

Probationers must use the appropriate GTCS form to write within 28 days indicating their intention to appeal. An appeal cannot be made for any reason; there must be valid grounds to appeal the decision.

Appeals will be considered by the GTCS Appeals Board and will follow its appeal hearing procedures. Further information will be provided at that stage as part of the process.

Following a period of what will usually be 2 years from the date of cancellation, an applicant who has had his/her provisional registration cancelled via the Fitness to Teach Panel process, may request restoration of provisional registration.

An applicant must write to the GTCS requesting restoration, giving reasons as to why he/she is of the view that provisional registration should be restored. GTCS will send an application pack for the applicant to complete and provide some more detailed information on what the Panel will be looking for in order to restore registration.

Once the application form has been returned and processed, GTCS will invite an applicant to a Panel hearing and the process will be similar to that followed in Panel hearings more generally (as explained above).

The applicant will be invited to make submissions to the Panel to support a case that provisional registration should be restored. As part of any submission, evidence of some recent work with children and young people would be desirable. There should also have been some time spent in class observing current practice.