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Fitness to practise case studies
Fitness to practise case studies

The following case studies provide clear, practical insights into the expectations and standards expected of you in both your professional practice and personal life.

Based on real examples, they illustrate common challenges and pitfalls that can lead to a fitness to practise hearing. By highlighting these scenarios, we aim to offer valuable learning points to help you uphold the highest standards in your profession and safeguard your registration.

Breach of confidentiality

In this case study, we look at an example of where a registrant was suspended after breaching a learner’s confidentiality.

Summary of the case

The EWC received a referral from an employer following the dismissal of a registered member of staff. The registrant was dismissed after it came to light they had made inappropriate comments about a learner in a public setting, breaching their confidentiality.

During this hearing, the Fitness to Practise Committee was asked to consider whether the following allegations were proven, that the registrant:

  1. made a number of inappropriate and/or unprofessional comments in relation to a learner
  2. made these comments in a public place
  3. breached the confidentiality of the learner, as they were identifiable from the information disclosed.

The registrant did not attend the hearing, and was not represented. The registrant did not respond to the allegations, and the Committee therefore considered the allegations as denied.

Having considered the Fitness to Practise Disciplinary Procedures and Rules and advice from an independent legal adviser, the Committee was satisfied that the hearing could proceed in the registrant’s absence.

The Committee’s findings

The Committee (supported by an independent legal adviser throughout) considered the evidence provided to it and whether, if proven, the allegations amounted to unacceptable professional conduct.

The Committee found that as a school learning support worker, the registrant had a personal responsibility as a role model and public figure to uphold public trust and confidence in the education professions. Learners, young people and members of the public rightly expect registrants to set a good example. The Committee found that the registrant had not done so. 

The inappropriate and unprofessional comments made by the registrant in a public place risked damaging public confidence in the profession, and the reputation of the school. There was no indication that the registrant was willing to accept their  wrongdoing.

Having carefully considered all of the circumstances of this case, the Committee concluded that a suspension order (without conditions) was sufficient to address the public interest concerns.

This was a serious instance of unacceptable professional conduct where a lesser sanction was not sufficient. However, the Committee was satisfied that this was an isolated incident, and the behaviour was unlikely to be repeated.

Code of Professional Conduct and Practice

In this case, the individual was in breach of several principles from the Code, including that registrants:

  • Base their relationship with learners on mutual trust and respect by:
    • following policies, procedures and guidelines on matters such as communication with learners, inclusion, access and equality of opportunity
    • being committed to providing equal opportunities for all learners, regardless of their age, gender, sexual orientation, disability, additional learning needs, race, religion or belief

  • Have regard to the safety and wellbeing of learners in their care, by:
    • contributing to the creation of a fair and inclusive environment by addressing discrimination, stereotyping and bullying

  • Work in a collaborative manner with colleagues and other professionals and develop and maintain good relationships with parents, guardians and carers:
    • developing and maintaining good relationships between home and learning institution, respecting the role of the parent, guardian or carer in a learner’s education;

  • Are sensitive to the need, where appropriate, for confidentiality:
    • only disclosing confidential information where it is appropriate to do so
    • comply with policies, procedures and guidelines regarding the disclosure of learners' information

  • Uphold public trust and confidence in the education profession, by:
    • being mindful of their position as role models to learners.

Lessons learnt

As an education professional, it is likely you will regularly need to handle personal and sensitive data about the learners and young people you work with. Maintaining their confidentiality is key to you building accountability and trust as an education practitioner.

All registrants are required to comply with data protection legislation, and it is vital that you take all reasonable steps to keep this information secure, and protect its confidentiality where you are expected to do so.

You should only share information with authorised people who have a legitimate reason to access it, and conversations which include confidential information should be held in private spaces.

Further reading and guidance