Teaching Council (Amendment) Act 2015
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Use of information in vetting disclosures in inquiry under section 43 | ||
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22. The Principal Act is amended by the insertion of the following section after section 43: | ||
“Use of information in vetting disclosures in inquiry under section 43 | ||
43A. (1) For the purposes of an inquiry under section 43, a panel may consider— | ||
(a) the information (in so far as that information relates to the conduct which is the subject of the inquiry) contained in a vetting disclosure obtained by the Investigating Committee under subsection (7A) of section 42 subject to subsection (7C) of that section in like manner as subsection (7C) applies to the Investigating Committee, and | ||
(b) submissions (if any) made by the registered teacher concerned under subsection (7A)(b) of section 42 to the Investigating Committee. | ||
(2) Where the Investigating Committee did not seek a vetting disclosure in respect of a registered teacher under section 42(7A) in relation to a complaint and a panel considers that the complaint referred to the Disciplinary Committee by the Investigating Committee under section 42(9)(a) is of such a nature as to reasonably give rise to a bona fide concern that that teacher may— | ||
(a) harm any child or vulnerable person, | ||
(b) cause any child or vulnerable person to be harmed, | ||
(c) put any child or vulnerable person at risk of harm, | ||
(d) attempt to harm any child or vulnerable person, or | ||
(e) incite another person to harm any child or vulnerable person, | ||
the panel may request the Council to apply to the National Vetting Bureau for a vetting disclosure in respect of that registered teacher. | ||
(3) Where a panel receives a vetting disclosure under subsection (2) in respect of a registered teacher, it shall provide the registered teacher concerned with a copy of the disclosure and invite that teacher to make submissions in writing to the panel in relation to the disclosure within such time period as is specified in the notice. | ||
(4) A panel shall consider submissions (if any) made by the registered teacher concerned under subsection (3). | ||
(5) Subject to subsection (6), a panel may, for the purpose of its inquiry, consider the information contained in a vetting disclosure obtained under subsection (2) in so far as the information relates to the conduct which is the subject of the complaint. | ||
(6) Where a vetting disclosure obtained by the Council under subsection (2) in respect of a registered teacher contains specified information and that specified information relates to conduct of the teacher which occurred prior to the coming into operation of section 20 of the Act of 2015, the panel may not consider that information for the purposes of subsection (5) unless the conduct concerned would have constituted a criminal offence at the time the conduct occurred. | ||
(7) For the purposes of an inquiry under section 43 in relation to a complaint made under subsection (1D) of section 42, a panel may consider— | ||
(a) the information contained in a vetting disclosure referred to in that subsection in so far as the information grounds the complaint under, and in accordance with, that subsection, and | ||
(b) submissions (if any) made by the registered teacher concerned under subsection (7)(a)(ii) of section 42 in so far as the submissions relate to that vetting disclosure. | ||
(8) For the purposes of an inquiry under section 43 in relation to a complaint made under subsection (1)(g) to which subsection (1E) applies, a panel may consider— | ||
(a) the information contained in a vetting disclosure referred to in subsection (1E) in so far as the information grounds the complaint under subsection (1)(g), and | ||
(b) submissions (if any) made by the registered teacher concerned under subsection (7)(a)(ii) of section 42 in so far as the submissions relate to that vetting disclosure.”. |