6. What happens when a case is received?

Most referrals received are considered firstly by an Investigating Committee and the meetings are held in private.

The Investigating Committee includes a minimum of three panel members and is supported by an independent legal adviser who does not participate in the decision making process, but ensures the investigation is fair.

The Committee’s role is to decide whether or not it is likely the facts of the case will be proven, and then whether those findings might amount to unacceptable professional conduct, serious professional incompetence and/or a conviction of a relevant offence, if the case proceeds to a public hearing.

A public hearing is held when an Investigating Committee has decided that a registrant has a ‘case to answer’. The registrant is invited to attend and/or be represented at the hearing.

A Fitness to Practise Committee comprises a minimum of three panel members and the Committee is supported by an independent legal adviser. The Committee which sits at a hearing will not have had any previous knowledge of the case before it.

Possible hearing outcomes are as follows:

• Facts not proved
• Facts proved but not unacceptable professional conduct/serious professional incompetence and/or a relevant offence
• Facts proved – no order
• Reprimand – recorded for two years on the Register
• Conditional Registration Order – recorded on the Register for a period indicated by the Committee. If no period set, then this Order will apply permanently
• Suspension Order – removed from the Register for the period specified by the Committee (not exceeding two years). Conditions can be applied to a Suspension Order
• Prohibition Order – removed from the Register. No application can be made for re-admission to the Register until at least two years has elapsed

Following the hearing of a case, should a Fitness to Practise Committee impose a disciplinary order (other than an interim suspension order) upon the registration of an education practitioner, a notice to that affect will appear on the EWC website. The notice will remain for a period of six months from the day it is published.

Any disciplinary order imposed will be recorded on the practitioner’s record on the EWC’s Register, and will be available publically for the duration of the order.