7. Summary of Fitness to Practise casework
This year, we concluded 74 fitness to practise cases (excluding Interim Suspension Orders). This included 52 fitness to practise hearings, 49 of which were virtual hearings and three in person.
The majority of hearings are held virtually. However, In line with the approach of many other regulators, registrants are invited to confirm whether they wish their case to be heard virtually or ‘in-person’. For an ‘in-person’ hearing to be confirmed, the registrant must commit to attending or be represented ‘in-person’ at the hearing.
Notes on the data
A practitioner can be registered in one or more categories at any one time. For the purpose of this report, where a person is registered in more than one category, they are included under ‘Multiple category registrant ’.
7.1 Number of Fitness to Practise cases concluded by registrant group and year
| Registrant group | 19-20 | 20-21 | 21-22 | 22-23 | 23-24 |
|---|---|---|---|---|---|
| School teachers (ST) | 27 | 24 | 25 | 21 | 22 |
| FE teachers (FET) | 17 | 6 | 11 | 9 | 6 |
| FE learning support workers (FELSW) | 7 | 2 | 3 | 0 | 6 |
| School learning support workers (SLSW) | 21 | 19 | 21 | 21 | 26 |
| Work-based learning practitioners (WBL) | 10 | 5 | 9 | 5 | 10 |
| Independent school teachers | 0 | 0 | 0 | 0 | 0 |
| Independent school learning support workers | 0 | 0 | 0 | 0 | 0 |
| Independent special post-16 institution teachers | 0 | 0 | 0 | 0 | 0 |
| Independent special post-16 institution learning support workers | 0 | 0 | 0 | 0 | 0 |
| Youth support workers (YSW) | 1 | 1 | 1 | 0 | 0 |
| Youth workers (YW) | 0 | 0 | 0 | 0 | 0 |
| Multiple registrant categories | 10 | 9 | 16 | 15 | 4 |
| Total | 93 | 66 | 86 | 71 | 74 |
Of the 74 cases referred to above:
- 52 cases were considered at fitness to practise hearings (not including ISO hearings), including one application which related to readmission to the Register following a Prohibition Order. This application was refused.
- 14 cases were considered as ‘no case to answer’ (including two cases which were discontinued) by an Investigating Committee.
- Three cases involved registrants who were DBS barred prior to the final decision being made by the EWC.
Additional note: four new categories of registration were added to the Register on 22 May 2023. To the end of 31 March 2024, no cases had been completed for any of these new groups.
7.2 Referral source
| 19-20 | 20-21 | 21-22 | 22-23 | 23-24 | |
|---|---|---|---|---|---|
| Employer | 74.2% | 75.8% | 73.3% | 85.9% | 71.3% |
| Police | 10.8% | 9.1% | 10.5% | 7.0% | 13.8% |
| EWC referral | 8.6% | 7.6% | 3.5% | 0.0% | 8.8% |
| Self-referral | 2.2% | 0.0% | 11.6% | 2.8% | 6.3% |
| Others | 4.3% | 7.5% | 1.2% | 4.2% | 0.0% |
*Other includes complaints, referrals from the DBS, and other regulators
7.3 Outcomes of Fitness to Practise cases by year
| 19-20 | 20-21 | 21-22 | 22-23 | 23-24 | |
|---|---|---|---|---|---|
| Concluded with no order imposed | 38 (41%) | 28 (42%) | 27 (31%) | 25 (35%) | 28 (38%) |
| Reprimand | 18 | 9 | 20 | 19 | 18 |
| Conditional Registration Order | 6 | 1 | 1 | 0 | 4 |
| Suspension Order (no conditions) | 5 | 5 | 4 | 2 | 2 |
| Suspension Order (with conditions) | 3 | 4 | 2 | 2 | 1 |
| Prohibition Order | 22 | 15 | 23 | 17 | 17 |
| Application for variation/breach of conditions | 1 | 1 | 0 | 1 | 0 |
| Application for eligibility following a Prohibition Order | 0 | 0 | 3 | 0 | 1 |
| DBS Barred before EWC concluded | 0 | 3 | 6 | 5 | 3 |
| Case closed – registrant deceased | 0 | 0 | 0 | 0 | 0 |
| Total | 93 | 66 | 86 | 71 | 74 |
Note - of the 28 cases concluded with no order:
- eight were concluded at hearing stage
- 12 were considered as ‘no case to answer’ by an Investigating Committee
- two were referred back to an Investigating Committee and discontinued
- six related to minor convictions and were closed as ‘no further action’
7.4 Types of behaviour – cases concluded 2023-24
| Type of behaviour | Number of Cases |
| Conviction(s) only | 17 |
| False claims, declarations, and/or forged documents | 10 |
| Failure to meet practitioner standards | 9 |
| Convictions and conduct | 8 |
| Combination of misconduct issues | 7 |
| Unprofessional/inappropriate behaviour towards learners | 6 |
| Inappropriate level of punishment/force/restraint/physical contact | 4 |
| Examinations/assessment malpractice | 2 |
| Inappropriate contact with learners via social media | 2 |
| Inappropriate relationship with learners | 2 |
| Breach of trust | 2 |
| Failure to comply with procedures | 1 |
| Abusive language | 1 |
| Bullying/harassment of learners | 1 |
| Under the influence of alcohol at work | 1 |
| Total | 73 |
Note: In 2023-24, one case was concluded which is not included in this table. This was an application for readmission to the Register following a Prohibition Order. The application was refused.
7.5 Completion time for concluded cases in 2023-24
There are a number of factors which affect the timescales for concluding cases, including:
- employment tribunal claims (the EWC will place its consideration of the case on hold until the tribunal is concluded)
- the registrant suffers from ill-health and medical evidence confirms they are not fit to participate, but wish to do so
- issues raised by the registrant or their representative during their case preparation
- further concerns established during hearing preparation which require referral back to an Investigating Committee in the first instance
The EWC monitors its own timescales for concluding cases compared to other regulators/professional bodies and it continues to be a leader in this area.
| Number of cases | % | |
|---|---|---|
| Case concluded within eight months (35 weeks) | 61 | 82% |
| Case not concluded within eight months (35 weeks) | ||
| Issues raised by the registrant/employer | 4 | 6% |
| Other third party delays for example, the police | 3 | 4% |
| Additional concerns raised during investigation stage requiring referral back to the Investigating Committee | 3 | 4% |
| Issues raised by the EWC | 3 | 4% |
| Total number of cases concluded in 2023-24 | 74 | 100% |
Of the 61 cases concluded within eight months, the average time taken from receipt to conclusion was 24 weeks (five and a half months).
7.6 The demographic of disciplinary cases concluded in 2023-24
Note:
- ‘Registered workforce’ is derived from the Register of Education Practitioners as at 31 March 2024.
Gender
Age
National identity
Ethnic group
Welsh Language
When a practitioner applies to join the Register, they are asked to confirm whether or not they are able to speak Welsh. A ‘yes’ response means that they are fluent, or fairly fluent in the language.
They are also asked to confirm whether they currently deliver, or are able to deliver education and training, through the medium of Welsh.
In both cases, the responses are based on ‘self-declaration’.