Council Regulations 8 of 2006

1. Any determination by the Department of Education of a student’s fitness to teach as a result of a student’s alleged conduct or behaviour must take place strictly in accordance with the procedures set out below.

2. This procedure will be followed when concerns arise that a PGCE student’s fitness to teach may be impaired. In particular, in order to be considered fit to teach, it is essential that these students:

(1) Have the health and well-being necessary to deal with specific types of teaching and associated duties;

(2) Are able to communicate effectively with children, parents and colleagues;

(3) Possess sound judgement and insight;

(4) Remain alert at all times;

(5) Do not constitute a risk or harm to the health, safety or well-being of children or other vulnerable people in their care;

(6) Do not act in a way which may undermine public trust and confidence in the teaching profession.

3. Students will also be considered fit to teach if they can meet the criteria listed at section 2 with the assistance of a reasonable adjustment or reasonable adjustments made in accordance with Section 20 of the Equality Act 2010.

4. A member of staff or a student of the department, or a member of the staff of the school where the PGCE student is placed, who has concerns that a student enrolled on the PGCE is suffering from ill health, or that the student behaves in such a way as to raise concerns that their fitness to teach may be impaired, must report this to the PGCE Course Director. Other individuals may also report such concerns to the PGCE Director. Reports should be put in writing and should identify the person making the report. While anonymity of a report will not of itself disqualify the report from consideration, it may only be possible to consider anonymous concerns in exceptional circumstances.

5. If at any stage of the proceedings set out below it becomes apparent that the matters giving rise to concerns about the student’s fitness to teach may be caused by ill health, the Fitness to Teach Procedure shall be put on hold and the procedures set out in Part B of Statute XIII regarding fitness to study shall be followed. The discretion of the PGCE Course Director to impose interim measures under sections 18 and 19 remains in effect where the Fitness to Teach procedure has been put on hold pending the outcome of a Fitness to Study procedure.

6. If there is an allegation of misconduct or suspected misconduct involving under-18s or adults at risk, or if such concerns arise during the course of an investigation or the procedures set out in these regulations, the PGCE Course Director will report this to the University Safeguarding Officer for students within 1 day.

7. If there is an allegation that may meet the harm threshold as set out in the Department for Education’s Statutory Guidance “Keeping Children Safe in Education 2024” or any succeeding guidance, or if such concerns arise during the course of an investigation or the procedures set out in these regulations, then the PGCE Course Director will report it to the Local Authority Designated Officer (LADO) and the University Safeguarding Officer within 1 day.

8. If it appears to the PGCE Course Director that the matter is one solely of conduct or behaviour, and does not give rise to concerns about the student’s health, the PGCE Course Director will consider whether the matter can be dealt with informally within the department. If it can, the matter will come to an end, or the PGCE Course Director will agree with the student certain reasonable actions that the student and/or the department will be required to undertake which are considered appropriate to address the concerns which have arisen about the student’s conduct and enable the student’s successful completion of the PGCE. If it cannot, the PGCE Course Director will continue with the process as outlined below. Any agreement about informal resolution of concerns must be recorded in writing, and a written record provided to the student.

9. If, after receiving an allegation that a student may not be fit to teach, it appears to the PGCE Course Director that the student may have breached the University’s Code of Discipline as contained in Statute XI, the PGCE Course Director will notify the Proctors. If an allegation that a PGCE student has breached the Code of Discipline comes to the attention of the Proctors independently, the Proctors will inform the PGCE Course Director. If the Proctors choose to investigate the matter separately under Statue XI, evidence gathered during an investigation by the Proctors, and the subsequent decision of the Proctors or the Student Disciplinary Panel may be considered as evidence within the procedures set out below. Neither the Proctors nor the Student Disciplinary Panel will themselves make judgements about fitness to teach.

10. If the Proctors decide to investigate the matter as a disciplinary case under Statute XI, those procedures, including any appeals, must normally be completed before the Initial Procedure is initiated. The discretion of the PGCE Course Director to impose interim measures under sections 18 and 19 remains in effect where the Proctors decide to investigate the matter as a disciplinary case under Statute XI.

11. Where the Proctors decide not to investigate the student’s conduct, the PGCE Course Director will commence the Initial Procedure as outlined in sections 13–21 below. The PGCE Course Director will inform the student in writing of the commencement of the investigation, the grounds to be investigated, and any precautionary measures impacting the student’s status during the investigation. The student’s college will also be informed.

12. If a PGCE student is the subject of either proceedings under Statute XI or disciplinary proceedings by a college, at the conclusion of those proceedings, the Proctors or the college as appropriate, will provide the PGCE Course Director with details of and documents relating to the investigation and outcome so that the procedure under these regulations can be followed, if appropriate.

INITIAL PROCEDURE

13. The PGCE Course Director will consider the allegation and any accompanying evidence and will evaluate whether there is a concern that the student’s fitness to teach may be impaired such as to warrant further investigation and/or whether the matter can and should be resolved informally. In deciding whether there is a potential fitness to teach issue, the PGCE Course Director will consider if the student’s behaviour suggests that their fitness to teach may be impaired. The PGCE Course Director will aim to reach a decision within 5 working days following referral of the allegation to them.

14. The PGCE Course Director will, within 15 working days from the date of receipt of the allegation, notify the student in writing of the allegation(s) made against them and the decision as to whether to initiate the formal Fitness to Teach Procedure.

15. If the PGCE Course Director does not consider there is sufficient evidence to call into question a student’s fitness to teach through a Fitness to Teach investigation, they can:

(1) take no further action; or

(2) agree with the student certain reasonable actions that the student and/or the department will be required to undertake which are considered appropriate to enable the student’s successful completion of the PGCE. Where such agreement is reached, a written record, including the actions to be taken, the reasons for the agreement being entered and the student’s agreement to it, must be kept and provided to the student.

16. If the PGCE Course Director, having considered the allegation and/or accompanying evidence, considers that the student’s fitness to teach may be impaired, the PGCE Course Director will initiate Stage 1 of the formal Fitness to Teach Procedure under sections 22 to 29 of these regulations.

17. If the formal Fitness to Teach Procedure is to be initiated, information about the process and available support will be sent to the student with the notification, along with confirmation of the student’s status during the procedure. Sources of support for the student will include welfare support within the department, University Student Welfare and Support Services, the welfare team at the student’s college, and (if applicable) Oxford SU advice service and any succeeding SU service.

18. If the formal Fitness to Teach Procedure is initiated, or if this procedure is put on hold at any stage pending the outcome of another process (for example, disciplinary proceedings under Statute XI, a Fitness to Study procedure or criminal proceedings), the PGCE Course Director will decide whether the student may:

(1) continue on the PGCE course without limitation;

(2) continue on the PGCE but with specified limitations and conditions;

(3) be suspended from the PGCE course.

19. If the PGCE Course Director decides to suspend a student under section 18 above, then they will inform the student in writing explaining the reasons for that decision. The PGCE Course Director will review any decision to suspend a student pending the outcome of the Procedure at least every 20 working days and may change the student’s suspension status at any time, including (but not limited to) suspending a student at any stage if new evidence comes to light to suggest that there is a serious risk to the health, safety and/or welfare of young people.

20. If the PGCE Course Director decides that the student should be suspended, the student may appeal to the Proctors against the decision to suspend them from the PGCE. The student will remain suspended pending the outcome of such an appeal.

21. Regardless of the status of the student (i.e., enrolled, suspended or withdrawn, whether voluntarily or involuntarily), the fitness to teach process will continue for so long as the PGCE Course Director considers that the student’s fitness to teach may be impaired, until the procedure under these regulations is concluded.

FORMAL FITNESS TO TEACH PROCEDURE

Stage 1

22. The PGCE Course Director will refer the case to a senior member of the department or other suitably qualified or trained individual with relevant knowledge and appropriate expertise, who will take on the role of an investigator (“Investigator”).

23. The Investigator will not be the student’s General or Curriculum Tutor or, as far as is possible, anyone else who is involved in supporting the student or making decisions about their academic progress.

24. The student, and any other persons who have relevant knowledge of the events and/or circumstances surrounding the matter, will each be invited to attend individual interviews, which may be in person or online. The Investigator may be accompanied by another member of the department, and the student, or other person being interviewed, is entitled to be accompanied by another member of the University. Notes of any interview will be taken, and the interviewee will be entitled to receive a typed copy of these notes.

25. The investigation will be undertaken expeditiously, and in a manner that is fair and proportionate to the issues in question; the department will endeavour to complete the investigation and notify the student of the outcome within 30 working days of its notifying the student of the investigation.

26. When the investigation is completed, the Investigator will produce a written report of their findings to the PGCE Course Director.

27. If, on the basis of the Investigator’s report, the PGCE Course Director considers that there is insufficient evidence to call into question a student’s fitness to teach, they will:

(1) take no further action; or

(2) agree with the student certain reasonable actions that the student and/or the department will be required to undertake which are considered appropriate to enable the student’s successful completion of the PGCE. Where such agreement is reached, a written record, including the actions to be taken, the reasons for the agreement being entered and the student’s agreement to it, must be kept and provided to the student.

28. If, on the basis of the Investigator’s report, the PGCE Course Director considers that the student’s behaviour is serious or persistent enough to call into question their fitness to teach, they will notify the Director of the Department of Education, who will initiate Stage 2 of the Fitness to Teach Procedure under sections 29 to 38 of these regulations.

Stage 2

29. The Director of the Department of Education will appoint a panel of three (the “Panel”) to consider the Investigator’s report and to make a decision on the student’s fitness to teach. The Director should aim to have appointed all members of the Panel no later than 20 working days after the decision was taken to refer the case to a Panel. 

30. The Panel will be made up of:

(1) two senior members of academic staff from the Department of Education, one of whom should have detailed knowledge of the PGCE programme; they will not be the student’s General or Curriculum Tutor or, as far as is possible, have been involved in supporting the student or making decisions about their academic progress.

(2) a Principal or Headteacher representing the partnership schools, although not from any school where the PGCE student has attended or been placed.

31. The Director of the department shall nominate one member of the Panel to act as its Chair.

32. The Chair will appoint a suitable member of staff to serve as Panel Secretary.

33. Any potential conflict of interest should be communicated at the first opportunity and dealt with appropriately. The student shall raise any objections about members of the Panel on grounds of conflict of interest no later than 5 working days after the notification of its members.

THE MEETING OF THE FITNESS TO TEACH PANEL

34. Following the appointment of the Panel, the student will be invited to attend the meeting of the Panel in person and will be given not less than 20 working days’ notice of the date and time of the meeting. The Panel Secretary will, at the same time as providing notification of the date and time of the hearing, provide the student with copies of all documents circulated to the Panel and will provide guidance on the procedures to be followed, including confirmation of their entitlement to bring a supporter or legal representative to the meeting.

35. The Panel may invite any other people to attend the meeting who may have information relevant to the case and whose evidence may, in the Panel’s view, assist them in reaching a conclusion. Any such person will first be asked to provide a written statement in advance of the meeting (which may be a statement taken during the course of the investigation), which will be provided to the student (if not already provided under section 34), at least 15 working days before the meeting. Any person invited to attend the meeting may be accompanied by another person as their supporter.

36. The student shall provide the following to the Panel no later than 10 working days before the date of the meeting:

(1) The name of anyone they wish to accompany them to the meeting for support;

(2) The name of any witnesses they would like the Panel to call;

(3) Any further evidence they intend to rely on in defence or mitigation, including any witness statements or documentary evidence. Disclosures in defence or mitigation and/or disclosures from third parties should be collated and forwarded to the Panel Secretary by the student. Direct submissions will not be accepted.

37. The Panel may reduce the timeframes set out in sections 34 and 36 in urgent cases.

38. The following process must be followed:

(1) The Chair will introduce the Panel members by name and explain the function of the Panel and any others present. The Chair will explain the powers of the Panel and invite the PGCE Course Director (or their nominee) to make an opening statement, and this statement may be followed by questions from the Panel.

(2) The Chair will then invite the student to make a statement. The Panel will then be invited to ask questions of the student. The student will have the opportunity to present evidence.

(3) Others attending the Panel may also be invited to make statements and may also be asked questions.

(4) If the student fails to attend the meeting without a prior reasonable explanation, which is to be determined at the discretion of the Chair, the Panel will consider the case in the student’s absence. Where the student provides a reasonable explanation for their failure to attend, the meeting will be adjourned and reconvened in accordance with section 38 (11) below.

(5) The meeting will be held in private unless the student wishes it to be held in public, in which case the Chair will have discretion to order that the meeting or part of it may be held in public. Any part of a meeting considering health issues of the student or any other person must be conducted in private. If the student wishes the meeting to be held in public, they must notify the Chair no later than 5 working days after notification of the date of the meeting.

(6) All evidence or material submitted as part of the investigation will be regarded as strictly confidential, unless, following consideration of submissions, the Panel decides otherwise, for example, where disclosure of information may be necessary to protect the safety or vital interests of others. The student will be notified (unless the University is prevented from doing so by law) if confidential information is to be disclosed to a third party not directly linked to the Fitness to Teach Procedure. Third parties that would usually be notified in connection with the Fitness to Teach Procedure include the student’s college and any placement school.

(7) At each stage the Chair has discretion to allow reciprocal questioning by the various parties.

(8) The Chair may provide for protective measures to be put in place for any person who is speaking to the Panel who is considered to be vulnerable. Such measures could include (but are not limited to) allowing the individual to answer questions via video link, behind a screen or through written questions.

(9) Once the Chair is satisfied that the Panel has completed its questioning, and both the student and the department have had a full opportunity to present the information to the Panel, the parties will withdraw while the Panel considers the case. Clarification may be sought by the Panel at any stage by inviting either the student or other individual(s) who have given evidence, back to the meeting, and all parties involved in the Panel meeting will be invited to return to hear any such clarifications. They will then be asked to leave by the Chair once the Panel has raised its additional questions.

(10) The Panel must consider the case on its own merits, make decisions on the balance of probabilities about the facts of the case and use its own independent judgment to determine whether the student’s fitness to teach is impaired.

(11) The Chair shall have discretion to adjourn the proceedings, the reasons for which will be clearly articulated to the student together with information regarding the next stage. Timeframes for any reconvened meeting must be provided. Where practicable, the Chair will attempt to reconvene the meeting within 20 working days.

THE DECISION OF THE FITNESS TO TEACH PANEL

39. Following the consideration of the case, the Panel must make one of the following decisions:

(1) The student’s fitness to teach is not impaired and the student may be permitted to continue with the PGCE course;

(2) Where the student’s fitness to teach is not impaired but their behaviour has significantly departed from expected standards, a warning detailing the behaviours will be given together with details of the consequences of any repeat behaviour; or

(3) The student’s fitness to teach is impaired and after considering any mitigating or aggravating factors, the Panel can at its discretion, having considered all available options:

i. Decide certain reasonable actions that the student will be required to undertake, which are considered appropriate by the Panel to enable the student’s successful completion of the PGCE;

ii. Apply reasonable conditions;

iii. Suspend the student from the PGCE course for a specified period of time, with or without conditions attached; and/or

iv. Expel the student from the PGCE and remove them from the PGCE course.

40. The Panel may, in arriving at a decision under section 39, take into account whether the student’s conduct will affect their ability to undertake mandatory elements of the PGCE course, including but not limited to their ability to undertake appropriate placement options.

41. The determination of the Panel should be recorded in writing and sent to the student and the PGCE Course Director within 7 working days of the decision.

42. A further document containing the reasons for the decision will be sent to the student within 20 working days of the decision.

43. Where the student’s fitness to teach has been judged to be impaired, but the outcome is short of removal from the PGCE course, the report from the Panel will also outline any actions the student needs to take under section 39 (3.1) above or any condition(s) imposed under section 39 (3.2) above, together with the relevant commencement date and applicable time period. Details of how compliance will be measured and who is responsible for monitoring will also be documented.

APPEALS TO THE FITNESS TO TEACH APPEAL PANEL

44. The student has a right to submit an appeal against a decision made by the Panel.

45. If the PGCE Course Director or the Panel had decided the student should be suspended for the Fitness to Teach Procedure, the student shall remain suspended for the duration of the appeal process.

46. A request for an appeal must be sent in writing to the Director of the department and must be received within 20 working days of receipt of the second document containing the details of the determination issued under section 42 above. The appeal request must state that it is brought on one or more of the following grounds:

(1) there was an error in the decision-making process or a procedural irregularity;

(2) there was any bias or perception of bias in the decision-making process;

(3) the decision made was unreasonable (aspects of the decision considered to be objectively unreasonable must be explicitly identified with an explanation for why they are unreasonable); and/or

(4) there is new, material information which had not been available before the decision being appealed.

47. The Director of the department will ask a senior member of the department, who has not had any involvement or interest in the matter and is not a current teacher of the student, to review the case (“Reviewer”). The Reviewer will consider the ground(s) of appeal and decide whether to reject or uphold, in full or in part, the request for an appeal. The Reviewer will not consider the matter afresh and will not carry out a further investigation.

48. The decision of the Reviewer should be recorded in writing with reasons and sent to the student within 15 working days of receipt of the appeal request by the Director of the department.

49. If the appeal request is refused, the Reviewer’s decision will be in the form of a Completion of Procedures letter. If a student remains dissatisfied with the outcome of the Reviewer’s decision, they have the right to pursue a complaint with the Office of the Independent Adjudicator for Higher Education (OIA).

50. If the appeal request is upheld, in full or in part, the Director of the department shall appoint an Appeal Panel to reconsider the case in light of the Reviewer’s decision.

51. The Appeal Panel will be constituted in the same way as the Panel (see sections 29 to 33 above) and shall not involve any member of the original Panel.

52. The process for arranging the hearing of the Appeal Panel will be the same as for the Panel (see sections 29 to 33 above).

53. Where the Reviewer has upheld the appeal request in full, the process followed by the Appeal Panel at the hearing will be as followed by the Panel (see sections 34 to 38 above). The Appeal Panel will reconsider the facts of the case in light of the Reviewer’s decision and will have the same powers of investigation and enquiry as the Panel. If the Reviewer has determined that there was a failure to follow due process, this does not automatically overrule the decision about whether the student is fit to teach.

54. Where the Reviewer has upheld the appeal request in part, the process followed by the Appeal Panel at the hearing will be as followed by the Panel (see sections 34 to 38 above) to the extent necessary for the Appeal Panel to reconsider the matters in respect of which the appeal was upheld. The Chair will determine, and explain to the student at the outset of a hearing, the procedure to be adopted by the Appeal Panel to determine the appeal.

55. Following consideration of the appeal, the Appeal Panel must either:

(1) uphold the appeal (either in full or in part), following which the Appeal Panel must either uphold the original decision or make a new decision as to whether the student’s fitness to teach is impaired (as per section 39 above), and may overturn, amend or endorse the conditions imposed by the Fitness to Teach Panel; or

(2) reject the appeal.

56. The determination of the Appeal Panel should be recorded in writing and sent to the student and the PGCE Course Director within 10 working days of the decision.

57. A further document containing the reasons for the decision will be sent to the student within 30 working days of the decision.

58. Where the student’s fitness to teach has been judged by the Appeal Panel to be impaired, but the outcome is short of removal from the PGCE course, the report from the Appeal Panel will also outline any actions the student needs to take (under section 39.3.3 above) or any condition(s) imposed (under 39.3.2), together with the relevant commencement date and applicable time period. Details of how compliance will be measured and who is responsible for monitoring will also be documented.

59. Where necessary, the written determination will be in the form of a Completion of Procedures letter. If a student remains dissatisfied with the outcome determined by the Appeal Panel, they have the right to pursue a complaint with the Office of the Independent Adjudicator for Higher Education (OIA). If a student’s complaint to the OIA under section 50 of these regulations is found to be justified or partly justified, this does not overrule any decision about whether a student is fit to teach. In these circumstances, the case may need to be reconsidered by the University.

SAFEGUARDING CHECKS (INCLUDING DISCLOSURE AND BARRING SERVICE (“DBS”) CHECKS)

60. Any student who has not completed a Disclosure and Barring Service (DBS) check or, where relevant, any required international background check(s) before the start of the course without good reasons (for example, international students who cannot complete a DBS check until they arrive in the UK), and/or whose safeguarding checks subsequently reveal any issue in relation to that student’s suitability to work with children and young people, which cannot be mitigated to the department’s satisfaction by measures as part of a risk assessment carried out by the department, will be removed from the course with immediate effect.

61. Any student who has not completed a satisfactory health check before the start of the course and/or whose health check subsequently reveals any issue in relation to their suitability to teach, which cannot be mitigated to the department’s satisfaction by measures as part of a risk assessment carried out by the department, will be removed from the course with immediate effect.

FEES

62. In the event that a PGCE student is suspended from the course or withdrawn from the PGCE course due to the Fitness to Teach Procedure, fees will be refunded in line with University policy as set out in section 3 (c) of the Examination Regulations: Regulations on Financial Matters: Part 3 Arrangements relating to the payment of fees.

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