Information for Employers – When to inform the Teaching Council about a registered teacher

1. General Information

Why does the Teaching Council look into complaints about teachers?

As the regulator for the teaching profession, we are legally required to look into complaints about teachers registered with us. This is set out in Part 5 of the Teaching Council Act 2001, as amended. You can view or download the Teaching Council Act 2001, as amended.

Who can complain?

Any person can make a complaint about a registered teacher. This includes members of the public, employers and other teachers. In addition, the Teaching Council can also make a complaint.

Does a complaint have to be raised with the school before the Teaching Council can consider it?

In general, the complainant should bring their complaint to the teacher’s school. After that, they can make their complaint to the Teaching Council.

In most cases, we cannot look into a complaint until the school’s disciplinary procedures (established under section 24 of the Education Act, 1998) have been exhausted (or come to an end)1, unless there are good and sufficient reasons to proceed.

It is up to the Investigating Committee to decide whether there are good and sufficient reasons. Good and sufficient reasons may include, for example, where children or vulnerable persons are, or may be, at risk of harm, or where the conduct is of such a nature as would bring the teaching profession into disrepute.

At present there is no grievance procedures prescribed by the Minster under section 28 of the Education Act, 1998. However, if and when section 28 procedures are established, we will not be able to look into a complaint until the grievance procedures are exhausted (or come to an end), unless there are good and sufficient reasons.

Can the complaint relate to conduct outside the course of the registered teacher’s profession?

Yes, we can consider complaints relating to conduct outside the registered teacher’s profession. These grounds include:

• Convictions for certain offences; and
• Where the conduct is of such a serious nature as would bring the profession into disrepute.

Can the Teaching Council look into a complaint about something that happened outside of the school, while in the course of the teacher’s profession?

Yes, a complaint against a registered teacher can:

• be about any school-related professional activity; or
• any activity or role undertaken in their capacity as a registered teacher.

Can the Teaching Council look into a complaint about something that happened outside Ireland?

We can look into a complaint about something that happened outside of Ireland. It must relate to:

• professional misconduct
• poor professional performance
• convictions for certain offences

What types of complaints does the Teaching Council look into?

Firstly, we can only consider complaints about registered teachers. If registered with us, we can look into complaints about:

•  professional misconduct;
•  poor professional performance;
•  engaging in conduct contrary to the Teaching Council Code of Professional Conduct;
• being medically unfit to teach;
•  a conviction for certain offences;
• failing to comply with, or contravening a provision of:

1. the Teaching Council Act 2001, as amended
2. the Education Act, 1998
3.  the Education Welfare Act, 2000
4.  the Education and Training Boards Act, 2013
5. Any regulations, rules or orders made under those Acts

•  failing to comply with an undertaking or to take any action specified in a consent given to a panel of the Council’s Disciplinary Committee at a previous inquiry; and
• erroneous registration due to a false or fraudulent declaration or misrepresentation.

In addition, the Teaching Council may make a complaint to the Investigating Committee about information contained in a vetting disclosure received by the Council on behalf of school employers or potential employers. The Teaching Council may also make a complaint on receipt of a s.37 employer’s notification regarding the dismissal or resignation of a registered teacher.

Typically, we look into complaints where the matters complained about took place on or after 25 July 2016. If the alleged matters happened sooner, we can only look into the complaint in certain circumstances.

These circumstances include:

• where a teacher was convicted of a particular type of criminal offence; or
• where the conduct complained about would have constituted a criminal offence at the time that it occurred; and
• is of such a nature as to reasonably give rise to a real concern that the teacher may harm any child or vulnerable person.

Only specific complaints are referred by our Investigating Committee to our Disciplinary Committee. Such complaints must be of a serious nature.

2. Informing the Teaching Council

Can the employer make a complaint?

Yes, any person including an employer may make a complaint to the Teaching Council. This is in accordance with section 42(1) of the Act. You should contact us if you have concerns about a teacher’s suitability to teach. You can make a complaint about a teacher at any time.

In most cases we cannot look into a complaint until the school’s disciplinary procedures (established under section 24 of the Education Act, 1998) have been exhausted (or come to an end), unless there are good and sufficient reasons to proceed.

It is up to the Investigating Committee to decide whether there are good and sufficient reasons. Good and sufficient reasons may include:

• where children or vulnerable persons are, or may be, at risk of harm, or
• where the conduct is of such a nature as would bring the teaching profession into disrepute

What if there is a risk of harm to children or vulnerable persons?

If you are concerned that children or vulnerable persons are, or may be, at risk of harm or potential harm you should inform:

•  The school, where appropriate
•  TUSLA (the Child and Family Agency);
• An Garda Síochána, where appropriate.

You should also inform the Teaching Council in writing, preferably by making a complaint.

When must the employer provide information to the Teaching Council?

The Teaching Council (Information to be furnished by employer in case of dismissal or resignation of registered teacher) Regulations, 2023 (No. 230 of 2023) were commenced on 11 May 2023 (“the 2023 Regulations”). The 2023 Regulations introduce a legal obligation on employers to provide particular information to us, as soon as practicable, in circumstances where a registered teacher:

(a) is dismissed by his or her employer, or

(b) resigns and that resignation follows upon –

•  the making of a complaint in relation to that teacher (other than a complaint made in relation to a teacher under section 42 of the Teaching Council Act 2001 (No. 8 of 2001), or
•  the invoking of procedures under section 24 of the Education Act 1998 (No. 51 of 1998), or such other procedures as may be invoked, in respect of the teacher.

The information that must be provided, in writing to the Council, is as follows:

(a) the name and address of the employer;

(b) the name and, where known, address of the registered teacher concerned;

(c) the registration number of the registered teacher as entered in the Register of Teachers;

(d) Where the registered teacher has been dismissed –

• the reasons for the dismissal,
•  all documentation relating to the disciplinary process leading to the dismissal, and
• all complaints made in relation to the teacher (including any complaint made in relation to the teacher under section 42 of the Teaching Council Act 2001) which contributed to, or resulted in, the dismissal, including copies of the following:

1.  letters of complaint;
2. statements from witnesses;
3. minutes or notes of meetings held with the teacher concerned;
4. statements and responses from the teacher concerned, and

(e) The circumstances surrounding the dismissal or resignation to include –

• whether those circumstances are the subject of any investigation (including the status of any such investigation) by any other persons, including An Garda Síochána or TUSLA (the Child and Family Agency), and
• whether there are any civil proceedings contemplated or in being in relation to the circumstances surrounding the dismissal or resignation, and

(f) where known, the current employment status, and place of employment of the registered teacher.

If you need to make a notification, please email professionalstandards@teachingcouncil.ie and inform us that you need to make a notification in accordance with the 2023 Regulations. We will then contact you and inform you how to securely transfer the information and documentation to us.

3. The Complaint Process

What happens after I inform the Teaching Council about a complaint?

We can only look into a complaint if it is formally written and signed. To make a formal complaint, download and complete our Complaint Form. This is in the Fitness to Teach section of our website – www.teachingcouncil.ie.

If an Employer has serious concerns regarding a teacher at any time, they can notify the Teaching Council, preferably by making a complaint.

We will notify the teacher when we receive a complaint.

We will send the teacher:
• a copy of the complaint and any documents received with the complaint;
• and any further information we receive about the complaint during the complaint process.
• The teacher will have an opportunity to comment in writing on the complaint, and on all information and documents received.

Who will look into the complaint?

Complaints go to the Director of the Teaching Council and the relevant staff. The Director will review the complaint. The Director can refuse the complaint if it is not:

• In writing, signed; and
• accompanied by relevant documents and information

The Director can also refuse the complaint if the Director considers it to be:

• frivolous;
• vexatious;
• made in bad faith or
• an abuse of process.

If the Director refuses the complaint, the person who made the complaint can appeal. They do so by appealing the Director’s decision to the Investigating Committee.

If the Director refers the complaint to the Investigating Committee, this Committee will look into the complaint.

Are there any reasons why the Investigating Committee would not look into the complaint?

The Investigating Committee will not look into the complaint if:

• the teacher (subject of the complaint) is not registered with the Teaching Council;
• the Committee believes that the complaint does not relate to the teacher’s fitness to teach;
• the school’s disciplinary procedures have not been exhausted or come to an end. However, the Committee may decide that there are good and sufficient reasons to proceed;
• the matters complained about took place before 25 July 2016. In this case, the Committee may still look into the complaint in certain circumstances. These are set out in part 1 of this booklet – General Information

If the Investigating Committee decides to look into the complaint, what will it do?

The Committee will send copies of the complaint and all documents it receives to the teacher. The Committee may ask the teacher to respond to the complaint in writing.

The Committee may ask the complainant to send in more information. It might ask the teacher, school or any other relevant person for information. They may also seek expert advice or help.

The complaint may suggest that the teacher may be medically unfit to teach. In this case, the Committee might ask the teacher to undergo a medical examination.

Committee meetings that place in private. You are not entitled to attend the meetings. The Committee may need to meet on a number of occasions before it decides on a complaint.

For more information about the school’s role during the consideration of a complaint -see Additional Information.

What happens after the Investigating Committee has looked into the complaint?

The Investigating Committee can either:

• refer all or part of the complaint to the Disciplinary Committee for an inquiry; or
• decide that no further action is required.

If the Committee decides that no further action is required, the complaint process ends. It is not possible to appeal the decision of the Investigating Committee.

The complaint can be referred by the Investigating Committee to the Disciplinary Committee. For this to happen, the complaint must be of a serious nature.

Please see below a chart of the complaint process

4. The inquiry process

What is an inquiry?

Typically, the inquiry will be an oral hearing before a panel of the Disciplinary Committee. It is like a court hearing or tribunal where witnesses give evidence under oath.

However, the teacher can ask for a paper-based inquiry. This means that the inquiry takes place by an examination of documents and written submissions. In addition, the panel of the Disciplinary Committee can request a paper-based inquiry too.

An inquiry by examination of documents and written submissions takes place in private with no one present other than the panel of the Disciplinary Committee conducting the inquiry and its legal advisor.

The panel of the Disciplinary Committee decides on which approach is suitable. In most cases, an oral hearing will take place.

Hearings take place in public unless the teacher or a witness about whom personal matters may be disclosed requests the panel to hold the hearing or part of the hearing in private, and the panel is satisfied that it would be appropriate to do so. If a hearing is held in public, the panel may keep the identity of the persons involved confidential.

Where will the hearing take place?

Most hearings take place at the Teaching Council offices at Block A, Maynooth Business Campus, Maynooth, Co Kildare, W23 Y7X0. Occasionally, hearings may be held elsewhere or online.

If an oral hearing takes place what is the role of the school or employer?

We may ask a representative of the school to give evidence as a witness. For more information in relation to the role of a witness and what to expect at a hearing, please see our Witness Information Booklet which you can find in the Fitness to Teach section of our website.

What could happen to the teacher?

The panel of the Disciplinary Committee will decide whether the complaint is proven. If the complaint is proven, the panel will have to decide whether to impose a sanction .

The panel could decide to:

a) advise, admonish or censure the teacher;
b) place fitness to teach conditions on the teacher’s registration;
c) suspend the teacher from the register for a set time (up to two years);

This means that the teacher would not be able to teach in a State-funded position. This would be for the time that he or she is suspended from the register.

d) remove the teacher from the register and not allow him or her to apply to be restored to the register for a set time.

Unregistered teachers are not able to teach in a State-funded position. Such positions are funded by the Department of Education and Youth.

Can the teacher appeal the decision?

If the panel decides to impose one of the sanctions at b) to d) above, the teacher can appeal the decision to the High Court within 21 days of being notified of the decision. Appeals to the High Court are held in public.

Even if the teacher does not appeal, we must still apply to the High Court for confirmation of the decision, where the sanction is from b) to d) above.

5. The teacher’s registration

How is the teacher’s registration affected by a complaint?

The teacher’s registration generally does not change when we receive a complaint. It may change if the complaint is proven at an inquiry.

However, if circumstances warrant, we can ask the High Court to suspend the teacher’s registration. This is under section 47 of the Teaching Council Act, 2001, as amended for a period of time.

This period of time would normally be until we have finished looking into the complaint.

We can make a section 47 application if we consider that it is in the public interest to do so. These applications are rare. They generally only happen where there is a real risk to the public.

If we get a High Court Order, we will notify the employer immediately.

Depending on the terms of the order the teacher may have to:

• Stop working completely; or
• Stop working in a specific manner or specific role for a period of time.

The High Court decides if the teacher is paid while the order is in place.

6. Additional information

What advice does the Teaching Council give a registered teacher when a complaint is received?

We advise the teacher to seek legal advice or help of a colleague, union representative or other representative.

We cannot give a teacher advice in relation to the complaint and we will not reimburse the teacher for the cost of any representation. This is a matter for the teacher.

Is the school’s input needed during the complaint and inquiry process?

We may ask the school to provide information or produce documents. This may include any disciplinary files retained. In addition, we may need a representative of the school to attend a hearing to give evidence.

If needed, the Council can issue a production summons to compel the production of documents. Also, we can issue a witness summons. This compels a representative of the school to attend the hearing to give evidence.

Will the school be kept informed about a complaint?

Yes, if we believe children or vulnerable persons may be harmed. Also, the Investigating Committee may seek information from you as part of the complaint.

When the Committee has finished considering the complaint, you will be informed of the decision.

The Investigating Committee may refer the complaint to the Disciplinary Committee for an inquiry. If so, we will inform you of the outcome of the inquiry.

The teacher may decide to inform you of a complaint. If so, it is a matter for the teacher.

Will the Teaching Council inform any other organisations about the complaint?

It may be necessary for us to pass information about a complaint to bodies including:

• Tusla (Child & Family Agency)
• An Garda Síochána and/or the National Vetting Bureau.

This is in accordance with our obligations regarding the protection of children and vulnerable persons.

Where can I find out more about the Teaching Council’s complaint process?

If you would like to know more about our complaint and inquiry process, please go to the Fitness to Teach section of our website.

You can also contact us by emailing professionalstandards@teachingcouncil.ie or by calling (01) 6517900.

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Glossary

You may not be familiar with all the terms in this booklet so we have explained them below.

Advise (as a sanction following an inquiry): to advise the teacher in relation to their future conduct.

Admonish (as a sanction following an inquiry): to reprimand a teacher firmly.

Censure (as a sanction following an inquiry): to express severe disapproval of a teacher’s conduct.

Code of Conduct: the Teaching Council’s Code of Professional Conduct for Teachers is available on the Teaching Council website. It contains guidance for teachers. On the date of publication of this booklet, the most recent version of the Code of Conduct is the version that was published in July 2016 and was updated on the commencement of Part 5 of the Teaching Council Act, 2001, as amended.

Complainant: the person who makes a complaint about a registered teacher. This can include members of the public, employers and other teachers. In addition, the Teaching Council can make a complaint about a registered teacher.

Director: the Chief Executive Officer of the Teaching Council.

Disciplinary Committee: the committee in the Teaching Council from which the panel who will hold the inquiry is formed.

Employer: the school Board of Management or the Chief Executive Officer of the relevant Education and Training Board which is employing the teacher in question.

Evidence: what a witness says at an inquiry hearing and documents or other records that are examined during the hearing.

Frivolous: of little importance or trivial.

Inquiry: either a hearing similar to a hearing before a court or tribunal or an examination of relevant documents and written submissions.

Investigating Committee: the committee in the Teaching Council that looks into a complaint and decides whether to refer it to the Disciplinary Committee for an inquiry.

Panel: the group of three to five people who will hold the inquiry and decide whether the case is proven or not.

Poor professional performance: a failure to meet the standards of competence (whether in knowledge, skill, or the application of knowledge and skill or both) that can reasonably be expected of teachers.

Professional misconduct: disgraceful or dishonourable conduct either in the course of the teacher’s profession, or otherwise than in the course of the teacher’s profession, if the conduct is of such a serious nature as would bring the profession of teaching into disrepute.

Sanction: the type of penalty that the Teaching Council can place on a teacher.

Vexatious: a complaint made by someone who may not be acting in good faith, without sufficient cause, and made to cause annoyance to the teacher complained about.

Vulnerable person: a person other than a child who

• is suffering from a disorder of the mind, whether as a result of mental illness or dementia; or
• has an intellectual disability; or
• is suffering from a physical impairment whether as a result of injury, illness or age; or
• has a physical disability which is of such a nature or degree:
  – as to restrict the capacity of the person to guard himself or herself against harm by another person, or
  – that results in the person requiring assistance with the activities of daily living including dressing, eating, walking, washing and bathing.

Booklet

• Information for Employers