In this case study, we look at an example of where a registrant was suspended following a proven case of unacceptable professional conduct in relation to their inappropriate physical contact with a learner.

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 because it came to light they had had inappropriate physical contact with a learner.

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

1. took hold of a pupil’s wrist or arm:

a. when it was not reasonable or necessary to do so in the circumstances; and
b. used more force than was reasonable in the circumstances.

The registrant attended the hearing, and was represented. The registrant denied the allegations.

The Committee’s findings

The Committee (supported by an independent legal adviser throughout) considered the evidence provided to it and whether the public would find that the allegations amounted to unacceptable professional conduct.

The Committee considered that an unreasonable and unnecessary taking hold of the arm and/or wrist of a learner, with more force than was necessary in the circumstances, amounted to conduct which fell short of the standard expected of a registered person.

As a professional, the registrant had a responsibility for the health and wellbeing of the learners they worked with, and was seen as a role model to them.

The Committee determined that the registrant’s conduct was likely to impact on the trust and confidence that the public places in registered professionals.

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 concluded that the conduct found proven was not fundamentally incompatible with being a registered person when the wider context was fully considered.

Code of Professional Conduct and Practice

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

Personal and Professional Responsibility

1.1          recognise their personal responsibility as a role model and public figure, to uphold public trust and confidence in the education professions, both in and out of the workplace.

1.2          conduct relationships with learners and young people professionally by:

• communicating with learners and young people respectfully, in a way which is appropriate for them
• ensuing any physical contact is necessary, reasonable, and proportionate

1.4          have a duty of care for the safety, physical, social, moral, and educational wellbeing of learners and young people:

• acting on anything which might put a learner, or a young person’s, safety or welfare at risk
• reporting, in line with 5.3, any safeguarding issue, or any other issue, which may potentially harm a learner, or young person’s, safety or welfare.

Professional Integrity

2.1          are accountable for their conduct and professional competence

Professional Knowledge and Understanding

5.3          know, understand, and comply with the current safeguarding policies, procedures, and guidelines which are relevant to their practice.

Lessons learnt

Physical contact with learners and young people is sometimes necessary and proportionate in education and training settings. It can also be encouraging and positive when used appropriately.

However, it is important that you ensure you behave acceptably and professionally in all situations.

We strongly encourage you to be familiar with the relevant national, mandatory guidance, as well as targeted local guidance and policies such as codes of conduct, safeguarding, behaviour/discipline and health and safety.

If something does go wrong, early intervention can be invaluable. Seek advice and support at the earliest possible stage from your line manager, trade union or at the very least, someone you trust.

Further reading and guidance

Good practice guide: Appropriate physical contact with learners and young people

In this case study, we look at an example of where a registrant was prohibited following a proven case of unacceptable professional conduct. The misconduct related to their inappropriate behaviour towards colleagues.

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 because it came to light they had behaved unprofessionally towards colleagues.

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

1. displayed behaviour towards one or more colleagues that was:

• intimidating
• undermining
• derogatory
• bullying in nature

2. behaved in a rude, aggressive, and patronising manner towards colleagues.

The registrant did not attend the hearing, nor were they represented. The registrant confirmed in writing, in advance of the hearing, that they denied the allegations.

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 the public would find that the allegations amounted to unacceptable professional conduct.

They noted that the registrant was a senior of member of staff at the school, who was meant to develop and promote positive working relationships amongst staff, for the benefit of teaching and educating pupils.

They also found that the registrant’s behaviour was damaging to the culture of the school because they sought to intimidate and bully staff, and the registrant’s behaviour undermined the trust staff should have had in the leadership provided by them.

The Committee decided that a prohibition order was proportionate and appropriate in this case given the seriousness of the registrant’s conduct, the lack of insight, lack of regret, and remorse shown.

A prohibition order means registration is removed indefinitely and the individual is no longer eligible to practice in Wales. The Committee determined the registrant could not apply to be re-considered as eligible for registration for a period of two years.

Code of Professional Conduct and Practice

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

Personal and Professional Responsibility

1.1 Recognise their personal responsibility as a role model, to uphold public trust and confidence in the education professions, both in and out of the workplace.

Collaborative working

3.1 Respect, support and collaborate with colleagues, learners and others to achieve the best     learning outcomes.

3.3 Aim to develop and maintain professional working relationships with parents, guardians, carers and other stakeholders;

3.4 Communicate appropriately and effectively with all involved in the education of learners and young people

Professional Knowledge and Understanding

5.4 Where necessary, seek support, advice and guidance and are open to feedback, responding to it positively and constructively.

Lessons learnt

When you became an EWC registrant, you committed to being professional in all that you do, and by doing so, contributing to upholding public trust and confidence in your profession.

As with any workplace, your colleagues will have a range of roles, different personalities, and working styles, and it is important to value and respect their varying approaches to their work.

In developing positive relationships with your colleagues, it is helpful to think about their expectations of you. Just as learners and young people need to know what is expected of them, you also need to know what is expected of you as a registrant and a colleague, as you build and maintain those working relationships.

Further reading and guidance

• Good practice guide: Positive working relationships
• Good practice guide: Professionalism in action

In this case study, we look at an example of where a registrant was prohibited following a proven case of unacceptable professional conduct in relation to their inappropriate behaviour towards learners.

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 because it came to light they had been speaking to, and about, learners in an inappropriate manner.

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

• used foul, derogatory, and inappropriate language (including swearing) in the presence of other staff, and made humiliating comments about learners
• behaved in an inappropriate or unprofessional manner in the presence of colleagues and learners
• left learners unsupervised and without adequate supervision

The registrant did not attend the hearing, nor were they represented. The extent to which the registrant admitted the allegations was unclear. 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 the public would find that the allegations amounted to unacceptable professional conduct.

The Committee noted that the registrant’s behaviour towards, and in the presence of, learners was inappropriate and unacceptable. It demonstrated a pattern of conduct which amounted to a significant falling short of the expected standards of the registrant, as a further education (FE) teacher.

The Committee decided that a prohibition order was necessary to protect learners and young people, declare and uphold proper standards of professional conduct, and to maintain public confidence in the education professions.

A prohibition order means registration is removed indefinitely and the individual is no longer eligible to practice in Wales. The Committee determined the registrant could not apply to be re-considered as eligible for registration for a period of two years.

Code of Professional Conduct and Practice

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

1.1 recognise their personal responsibility as a role model and public figure, to uphold public trust and confidence in the education professions, both in and out of the workplace.

1.2 conduct relationships with learners and young people professionally by:

• communicating with learners and young people respectfully, in a way which is appropriate for them
• using all forms of communication appropriately and responsibly, particularly social media.

1.4 have a duty of care for learners’ safety, physical, social, moral and educational well-being:

1.5 are mindful of their professional responsibility for the health, safety and well-being of colleagues, and themselves

2.1 are accountable for their conduct and professional competence

3.1 respect, support, and collaborate with colleagues, learners, young people, and others to achieve the best learning outcomes.

4.2 know, understand and comply with current policies, procedures and guidelines which are relevant to their practice

Lessons learnt

When you became an EWC registrant, you committed to being professional in all that you do, and by doing so, contributing to upholding public trust and confidence in your profession.

You are responsible for upholding your own professional conduct and practice and ongoing self-reflection is central to maintaining your professionalism.
To provide the best outcomes for your learners and young people, it is important to give time, care, and attention to fostering positive relationships with them.

Further reading and guidance

Good practice guide:  Professionalism in action
Good practice guide:  Positive working relationships

In this case study, we look at an example of where a registrant was prohibited following a proven case of unacceptable professional conduct in relation to being under the influence of alcohol, whilst at work.

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 because it came to light they had bought and consumed alcohol during their lunch break, and then returned to school to continue teaching.

During this hearing, the Fitness to Practise Committee was asked to consider whether the following allegations were proven, that the registrant attended school and began teaching a class whilst:

• under the influence of alcohol; and/or
• having consumed alcohol

The registrant did not attend the hearing, nor were they represented. The registrant admitted the allegations in full.

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 their absence.

The Committee’s findings

The Committee (supported by an independent legal adviser throughout) considered the evidence provided to it and whether the public would find that the allegations amounted to unacceptable professional conduct. It noted that the registrant’s actions in consuming enough alcohol to have an effect on their capacity, and then driving to the school before returning to the classroom, amounted to a significant falling short of the expected standards of a teacher.

The Committee decided that a prohibition order was necessary to protect learners and young people to declare and uphold proper standards of professional conduct and to maintain public confidence in the education professions.

A prohibition order means registration is removed indefinitely and the individual is no longer eligible to practice in Wales. The Committee determined the registrant could not apply to be re-considered as eligible for registration for a period of five years.

Code of Professional Conduct and Practice

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

1.1 recognise their personal responsibility as a role model and public figure, to uphold public trust and confidence in the education professions, both in and out of the workplace

1.4 have a duty of care for learners’ safety, physical, social, moral and educational well-being

1.5 are mindful of their professional responsibility for the health, safety and well-being of colleagues, and themselves

2.1 are accountable for their conduct and professional competence

4.2 know, understand and comply with current policies, procedures and guidelines which are relevant to their practice

Lessons learnt

Registrants hold a position of trust and responsibility, and it is clearly unacceptable to be under the influence of alcohol whilst in the workplace. Such conduct risks damaging public confidence in the profession, and presents a potential risk to learners and young people.

All registrants are responsible for ensuring that they are fit to practise, which includes not being impaired by alcohol, or any other substance.

We recognise that working in education can be challenging, and for some, this may lead to unhealthy coping mechanisms.

With this is mind, we developed a good practice guide, in partnership with Education Support, as a way to help support registrants’ mental health and wellbeing. It offers tools, resources, and sources of information, as well as contact details for organisations that can provide you with specialised help and advice.

Further reading and guidance

Good practice guide: Mental health and wellbeing

In this case study, we look at an example of where a registrant was reprimanded following a proven case of unacceptable professional conduct in relation to their failure to declare a conviction when applying for registration with the EWC.

Summary of the case

The registrant, who was already registered with the EWC as a FE learning support worker, applied to add FE teacher to their record. In their original application, they ticked a box to confirm they had no non-protected convictions. However, when completing the new declaration for the additional registration, they disclosed a conviction for failing to provide a specimen for analysis (driving or attempting to drive).

After hearing all evidence, the Fitness to Practise Committee was asked to decide whether or not the following allegations were proven, that the registrant:

• lacked integrity and acted dishonestly in not declaring previous offences when submitting an application with the Education Workforce Council to be registered

The Committee were also asked to consider whether the following conviction was a relevant offence:

• failing to provide a specimen for analysis (driving or attempting to drive)

The registrant attended the hearing, but did not give evidence to the Committee.

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 misconduct and/or a relevant offence.

The Committee found that the conviction was a relevant offence as it was a serious offence, and that in committing the offence, the registrant’s actions had the potential to impact on the safety and security of the public.

The Committee concluded that, on balance, it was more likely than not that the registrant’s actions, in not disclosing the conviction within the application, were deliberate. It was therefore their view that the registrant’s behaviour was dishonest and displayed a lack of integrity.

The Committee imposed a Reprimand on the individual’s registration for a period of two years. This meant they would be able to continue working as a registered person for the period of the Reprimand, but the Reprimand would be publicly visible to anyone searching the Register of Education Practitioners.

Code of Professional Conduct and Practice

In this case, the individual was in breach of the following principles from the Code.

Registrants:

• recognise their personal responsibility as a role model and public figure, to uphold public trust and confidence in the education professions, both in and out of the workplace

2.2 behave honestly, and with integrity, particularly with regard to:

• communications with the EWC, informing it of any recordable criminal conviction or caution, or restriction placed on their practice by any other body

Lessons learnt

Openness and honesty are essential qualities for all registrants. Omitting relevant information, whether intentional or accidental, can raise questions about your integrity and adversely impact public trust in the profession.

Here is some advice to help you when completing your form:

• read each section of the application form and guidance notes carefully and take your time
• ask the EWC if you are not clear about any aspect of the form or declarations and what you are being asked to do
• be honest in every section relevant to you – remember, as a registrant, you are entrusted with public confidence, and honesty in all declarations is fundamental to maintaining this
• tell us if something changes, no matter how long you’ve been registered, we need to know of any relevant changes

Further reading and guidance

• Good practice guide: Being open and honest as an education professional
• Code of Professional Conduct and Practice

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In this case study, we look at an example of where a registrant was prohibited following a proven case of unacceptable professional conduct in relation to falsification of learners’ work.

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 because they had falsified learners work by completing it themselves. They had also uploaded the work as evidence in the qualification process.

After hearing all evidence, the Fitness to Practise Committee was asked to decide whether or not the following allegations were proven, that the registrant:

• completed work on behalf of a number of different learners
• uploaded the work to the learners’ e-portfolios for assessment, presenting the work as that of the learners when this was not the case
• completed an observation record which stated they had observed a learner, when this was not the case

The registrant did not attend the hearing, nor were they represented.

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 misconduct.

The Committee found that the registrant’s conduct was in breach of their employer’s policies and processes and had an adverse impact on learners. The effect of this was that their assessments were compromised. They found the registrant failed to conduct themselves in a trustworthy manner and behaved in a way that lacked integrity and was dishonest.

The Committee decided to impose a Prohibition Order. This means registration is removed indefinitely and the individual can no longer practice in Wales in their category of registration. The Committee determined the registrant could not apply to be re-considered as eligible for registration for a period of five years.

Code of Professional Conduct and Practice

In this case, the individual was in breach of the following principles from the Code.

Registrants:

1.1 recognise their personal responsibility as a role model and public figure, to uphold public trust and confidence in the education professions, both in and out of the workplace

1.4 have a duty of care for learners’ moral and educational well-being

2.1 are accountable for their conduct

2.2 behave honestly, and with integrity, particularly with regard to assessment and examination related tasks

4.1 know, use, and take responsibility for the relevant professional standards for their particular profession throughout their career

4.2 know, understand and comply with current policies, procedures and guidelines which are relevant to their practice

Lessons learnt

Measuring learners’ and young people’s educational progress is an everyday part of life in all sectors of education and training. As such, it is likely the vast majority of registrants will have some kind of involvement in this area during their careers.

If something does go wrong, seek advice and support at the earliest possible stage from your line manager, trade union, professional association, or at the very least, someone you trust if you find yourself in any of the following situations.

Where you:

• cannot cope with your examination or assessment related responsibilities and/or workload
• are considering taking steps which may compromise you as a professional
• feel under pressure to take short cuts when completing any part of an official document, including signatures
• feel you cannot, or should not, sign any kind of declaration involving examinations and assessments
• think there has been a breach of the mandatory guidance you and your colleagues are expected to follow
• think the integrity of examination or assessment-related records may have been compromised

Telling someone early that there is a problem is crucial.

Further reading and guidance

• Good practice guide: Testing, assessment, examinations, and invigilation
• Code of Professional Conduct and Practice

In this case study, we look at an example of where a registrant was prohibited following a proven case of unacceptable professional conduct in relation to misrepresenting their qualifications.

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 because it was discovered they had misrepresented their qualifications when applying for employment. It subsequently came to light that the registrant had made similar misrepresentations to other former employers, and had provided incorrect and falsified information to the EWC.

After hearing all evidence, the Fitness to Practise Committee was asked to decide whether or not the following allegations were proven, that the registrant:

• provided incorrect information to employers and the EWC when applying for employment/registration
• submitted an amended disciplinary outcome letter to a potential employer so as to suggest they had received a less serious disciplinary sanction for previous conduct than had actually been the case
• submitted qualification certificates to the EWC which were not genuine

The registrant did not attend the hearing, nor were they represented.

Having considered the Fitness to Practise Disciplinary Procedures and Rules and advice from an independent legal advisor, the Committee were satisfied that the hearing could proceed in their 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 misconduct.

The Committee noted that the registrant’s conduct involved three different schools and the EWC as their regulator, and took place over a period of several years. It determined that their conduct was misleading, dishonest, and demonstrated a lack of integrity.

The Committee decided that a Prohibition Order was necessary to protect learners, to uphold proper standards of professional conduct, and to maintain public confidence in the education profession.

A Prohibition Order means registration is removed indefinitely and the individual can no longer practice in Wales in their category of registration. The Committee determined the registrant could not apply to be re-considered as eligible for registration for a period of five years.

Code of Professional Conduct and Practice

In this case, the individual was in breach of the following principles from the Code.

Registrants:

1.1 recognise their personal responsibility as a role model and public figure, to uphold public trust and confidence in the education profession, both in and out of the workplace

2.1 are accountable for their conduct and professional competence
2.2 behave honestly, and with integrity, particularly with regard to:

• personal credentials, experience and qualifications
• references, declarations made and signing documents
• communications with the EWC, informing it of any recordable criminal conviction, or restriction placed on their practice by any other body
• their employer, and report any matter which is required by the terms and conditions of their employment

4.1 Know, use and take responsibility for the relevant professional standards for their particular profession throughout their career

Lessons learnt

As a registrant, your commitment to professional integrity is non-negotiable. Intentionally falsifying information, or misrepresenting qualifications, is a serious breach of trust that undermines public confidence in the profession, and puts your career at risk.

• Honesty is essential: misleading employers, regulatory bodies, or other stakeholders can lead to severe consequences, including permanent prohibition from practicing.
• Integrity matters: upholding your professional reputation means presenting your qualifications and experiences truthfully. Any deviation from these standards damages trust which can affect the entire education profession.
• Consequences of dishonesty: this case demonstrates that dishonesty can result in indefinite removal from the profession, impacting your livelihood and reputation. Acting with integrity is essential for protecting both your career and the learners/young people you serve.

Further reading and guidance

• Code of Professional Conduct and Practise
• Good practice guide: Being open and honest as an education professional

More information on our fitness to practise work.

In this case study, we look at an example of where a registrant was reprimanded following a proven case of unacceptable professional conduct, in relation to their use of social media.

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 because they had been sharing personal messages, via Facebook messenger, with a former learner.

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

• the individual engaged in inappropriate and unprofessional use of social media with a former learner who was still a child
• as a result of their conduct, the individual did not comply with safeguarding training

The registrant did not attend the hearing, nor were they represented.

Having considered the Fitness to Practise Disciplinary Procedures and Rules and advice from an independent legal advisor, the Committee were satisfied that the hearing could proceed in their absence.

The Committee’s findings

The Committee (supported by an independent legal advisor throughout) considered the evidence provided to them and whether the public would find that the allegations amounted to misconduct, given the vulnerability of the learner involved.

They found all allegations proven and imposed a Reprimand on the individual’s registration for a period of two years. This meant they would be able to continue working as a registered person for the period of the Reprimand, but that the Reprimand would be publicly visible to anyone searching the Register of Education Practitioners.

Code of Professional Conduct and Practice

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

1.1 recognise their personal responsibility as a role model and public figure, to uphold public trust and confidence in the education professions, both in and out of the workplace

1.2 conduct relationships with learners and young people professionally by:

• communicating with learners and young people respectfully, in a way which is appropriate for them
• using all forms of communication appropriately and responsibly, particularly social media
• maintaining professional boundaries

2.1 are accountable for their conduct and professional competence

2.4 adhere to lawful standards of behaviour, in a manner in keeping with their position as a member of the education profession

4.2 know, understand and comply with current policies, procedures and guidelines which are relevant to their practice

4.3 know, understand, and comply with current safeguarding policies, procedures, and guidelines which are relevant to their practice

Lessons learnt

Social media is a powerful tool with many of us using it daily to build and maintain personal and professional relationships, share news, and support professional development. But for educators, it comes with certain responsibilities and risks.

The Code clearly sets out the expectations on you as an education practitioner and is there to help guide your judgements and decisions.

Here’s are some important points to remember when using social media.

• Check your organisation’s policies and procedures – only use official and agreed channels of communication.
• Respect confidentiality – don’t discuss learners, young people, parents, colleagues, or your place of work. And never share personal or confidential information online, be it yours, or other peoples.
• Maintain boundaries – the informal nature of social media can sometimes blur our professional and personal lives. Make sure you maintain the same boundaries you would when interacting offline.
• Be respectful and kind – what you say online reflects upon you, your employer, and your profession. Treat others with the same courtesy you would if engaging face-to-face.
• Avoid inappropriate content – remember, your behaviour online can have serious consequences, including criminal or civil action.

The standards expected of you do not change online. Always acting professionally can help ensure your registration is not questioned.

Further reading and guidance

• Code of Professional Conduct and Practise
• Good practice guide: Using social media responsibly
• Social media and the Code webinar
• Code in practice: social media and the Code animation

More information on our fitness to practise work.