14-16Co(15)Min5. John Gunstone, Scottish Government Rachel Sunderland, Scottish Government

Transcription

1 14-16Co(15)Min5 MINUTE of the meeting of the General Teaching Council for Scotland held in Clerwood House, 96 Clermiston Road, Edinburgh, on Wednesday 18 March 2015 at am. Present: Observers: In Attendance: Derek Thompson (Convener) Ian Anderson, David Bleiman, Ephraim Borowski, Pat Boyle, Patrick Boyle, Sue Burns, Alison Chambers, Marie Connor, Audrey Cowie, Nicola Dudley, Karen Farrell, Dorothy Ferguson, Linda Fisher-Dougan, Jason Fitzgerald, Donald Gillies, Eric Gotts, Jennifer Gourley, Morag Gunion, William Hamilton, Ian Jackson, David McCue, David Mitchell, Stephanie Primrose, Tony Rafferty, Neil Roarty, Helen Sedgwick, Neil Simco, Andrew Smith, Edith Swinley, Simon Thompson John Gunstone, Scottish Government Rachel Sunderland, Scottish Government Kenneth Muir (Chief Executive), Ronnie Erskine (Director of Business and Finance), Tom Hamilton (Director of Education, Registration and Professional Learning), Irene Hunter (Director of Governance), Martin Osler (Director of Communications, Digital Development and Human Resources), Jennifer Macdonald (Senior Legal Adviser and Head of Adjudication Services), Lisa Dobie (Council and Panel Support Manager), Ellen Doherty (Senior Education Officer - Professional Learning), Jacqueline Morley (Senior Education Officer - Career-long Learning), Lindsay Thomson (Senior Manager - Fitness to Teach), Kate Hart (staff observer), Vivien Whyte (staff observer) PUBLIC SESSION Preliminary Items 1 Sederunt and Apologies for Absence Apologies for absence had been received from Alan Armstrong (Education Scotland), Paula Cowan, Sue Ellis, Paula McEwan, Norrie McKay (Senior Education Officer Early Phase and Professional Learning), Zoé Robertson (Senior Education Officer Research and Professional Learning) and Lindsay Seywright. Apologies had also been received from the General Teaching Council for Northern Ireland, the General Teaching Council for Wales and the Teaching Council Ireland. 2 Stakeholder Engagement Research Project A presentation was delivered by Sue Granville and Shona Mulholland from Why? Research on the findings of the stakeholder engagement research project. The presentation would be made available on the workspace portal following the conclusion of the meeting. Members would be issued with a copy of the full and final report once available and the recommendations would be brought back to a future meeting of Council for consideration. 3 Announcements The Convener of Council welcomed members to the meeting. / 44

2 Tabled Papers The following papers were tabled at the meeting: (1) Agenda Item 8 Chief Executive s Report Summary of stakeholder engagement by the Chief Executive since the last Council meeting in December (2) Agenda Item 14 - Strategic Plan (14-16Co(15)66) Colour copies of the final draft Strategic Plan for members information. (3) Agenda Item 18 Financial Position (14-16Co(15)72 Appendix 1) A replacement of the version previously circulated, as figures in the previous version had been obscured by some of the greyscale shading. Council Members The Convener of Council: (1) welcomed Patrick J Boyle (former Primary/Nursery Headteacher) to his first Council meeting. Mr Boyle had succeeded Susan Quinn as a Council member in the elected Primary/Nursery category until 1 April Mr Boyle had previously served on the Council from 2001 to 2009 and from 2011 to (2) informed members that Patricia Duncan had resigned as an elected Primary/Nursery member of Council with effect from 1 March 2015 due to personal reasons. During her term of office since 2009, Mrs Duncan had served as Vice Convener of Council in the Council and on numerous committees and panels. The Convener of Council extended the thanks of Council to Mrs Duncan for her years of service and requested that the Chief Executive write to her on behalf of Council. (3) congratulated Audrey Cowie on her election as Vice Convener of the Professional Assurance Regulatory Committee at the Committee's February 2015 meeting. (4) announced that Alan Armstrong (Assistant Director, Lifelong Learning) was to replace Lesley Brown (Assistant Director, Families, Inclusion and Local Authorities) as the Education Scotland observer at GTC Scotland Council meetings. Mr Armstrong was however unable to attend today's meeting. (c) Visitors The Convener welcomed Dr Frances Dow, a lay member of the Appointments Committee, to the meeting as an observer for the public session. Dr Dow wished to gain a greater insight into the work carried out by GTC Scotland. 4 Intimation of Any Other Competent Business There were no items of other competent business. 5 Declaration of Interest David Bleiman requested that his standing declaration be noted in respect of Agenda Item 9 relating to a review of the registration and probationary service requirements for individuals qualified outside Scotland. It/ 45

3 It was noted that elected registered teacher, nominated and appointed lay Council members, whose terms of office were due to come to an end on 1 April 2016, would have an interest to declare in relation to Agenda Item 16(ii) concerning the forthcoming election, nomination and appointment processes for the Council. 6 Minute of the Meeting of Council held on 10 December 2014 (14-16Co(14)Min4) The Minute was approved. 7 Business Arising from Minute (14-16Co(14)Min4) (i) Item 20 Election of Committee and Panel Conveners: Council and Committee Vacancies (page 42) Following the resignation of Susan Quinn from the membership of Council, there had been no expressions of interest from members in filling the vacancy left on the Professional Assurance Regulatory Committee. Patrick Boyle who had succeeded Susan Quinn on Council in the Primary/Nursery category had subsequently been invited to fill the vacancy. 8 Chief Executive's Report The Chief Executive gave an oral report to Council. In doing so he provided an update on GTC Scotland staffing developments and the internal Staged Change Programme which was nearing completion. Copies of the summary of the Chief Executive's engagement with stakeholders since the December 2014 Council meeting had been tabled. The latter, together with a copy of the Chief Executive's report to Council, would be made available on the workspace portal following the conclusion of the meeting. Items for Discussion 9 Registration Review of Registration Policies (14-16Co(15)59) Mr Bleiman remained in the meeting but took no part in the discussion of this item. Members noted the broad range of work currently being undertaken by GTC Scotland with a view to increasing flexibility in the registration process, whilst continuing to maintain standards. It had also been proposed that GTC Scotland work more actively in respect of the Welcome to Teaching in Scotland packs and materials. Members noted arrangements in hand for the first meeting of the Scottish Council for Independent Schools (SCIS)/GTC Scotland Working Group focusing on matters relating to the provision in the forthcoming Education Bill which would require all teachers in independent schools and grant aided special schools to be registered with GTC Scotland. Registration of Other Education Professionals Working Group (14-16Co(15)60) The proposed membership of the Registration of Other Education Professionals Working Group had been circulated for consideration. Members noted that the membership comprised only one GTC Scotland Council member. It was agreed that the remit of the Working Group be brought back to the June Council meeting for consideration in conjunction/ 46

4 conjunction with the membership, including whether additional Council member representation would be appropriate. 10 Programme Accreditation Panel Quorum Requirements (14-16Co(15)61) Due to difficulties associated with member availability, members approved a revision to the quorum for Programme Accreditation Panels. In doing so they agreed that the revision was appropriate in the current circumstances but that this did not set a precedent in respect of other types of panel. The Standing Order and Committee Scheme would be revised accordingly and published on the GTC Scotland website. 11 Practice Statements Fitness to Teach Investigating Stage (14-16Co(15)62) Members approved the practice statement on Frivolous, Malicious and Vexatious Complaints previously considered by the Professional Regulatory Assurance Committee and Investigating Panel. Adjudication (14-16Co(15)63) Members approved a new practice statement on Decision Making and Writing for use by Fitness to Teach Panels. The practice statement outlined the process of decision making and decision writing to ensure that Panels approach these parts of a hearing in a consistent manner. It served to underline the importance of decisions that are transparent and capable of being understood without reference to any other documentation and of sufficient reasons being provided within the written decision. The Practice Statements would be made available on the GTC Scotland website. 12 Scottish College for Educational Leadership (SCEL) (14-16Co(15)64) Council considered the Statement of Intent between SCEL and GTC Scotland which had been amended following comments from the Education Committee. In discussion, it was agreed that it would be important to maintain a watching brief in relation to, and to be clear about, the role of SCEL and other bodies as distinct from the role of GTC Scotland in matters relating to the Standard for Headship Qualification. Members approved the revised Statement of Intent. 13 Research Strategy (14-16Co(15)65) In discussion, members noted positively the revised research aims and the programme of research activity set out in the Research Strategy for Members approved the Research Strategy for implementation. 14 Strategic Plan (14-16Co(15)66) Copies of the final draft of the Strategic Plan were circulated for approval. Members commended the document which now struck a good balance between the strategic objectives set by GTC Scotland and GTC Scotland's statutory responsibilities. In discussion it was agreed that Key Outcome 1 be amended to read - Only those registrants who meet our professional standards enter and remain in the teaching profession, leading to an increase in confidence in our registrants. The Strategic Plan was approved, with the agreed amendment. 15/ 47

5 15 Risk Assessment and Management (14-16Co(15)67) Members welcomed the revised format and content of the Corporate Risk Register and its suitability for managing risk across GTC Scotland. It was proposed that an extract from the risk register showing only the highest scoring risks should be presented to Council. At the same time the view was also expressed that Council should see the full risk register. Following discussion, it was agreed that: (c) the Finance and General Purposes Committee should give further consideration to the form and content of GTC Scotland's risks to be made publicly available. Given the number of risks, it was suggested that these be put into groups according to themes to support clarity of the register. as a matter of standard risk management procedure, where a risk was identified by the Corporate Management Team as being red, the Convener of Council and the Convener of the Finance and General Purposes Committee should be notified as soon as possible. a standing item be placed on each committee agenda to allow for brief discussion on existing and new risks relevant to a particular committee. Further consideration to these matters would be taken forward by the Finance and General Purposes Committee. 16 Council Council (14-16Co(15)68) It had previously been identified that the criteria against which Council and committees undertake their annual evaluation process would benefit from review. Members approved a revised set of criteria to form the basis of the 2015 annual evaluation exercise. As part of the process to review arrangements for the Council, members also agreed that in the May 2015 cycle of annual evaluation exercises the committees be asked to review the current committee structure and remits and whether these would benefit from any amendment. Members also agreed that at the June Council annual evaluation exercise, the Council be asked to review the format and operation of Council meetings and suggest further ways in which this could be improved. Transitional Arrangements for the Council (i) Existing and Future Protection of Vulnerable Groups (PVG) Scheme Membership Arrangements relating to Council Members (14-16Co(15)69) Council members endorsed a recommendation by the Executive Committee that all GTC Scotland Council members and those who serve on the Investigating Panel (including Investigating Panel Conveners) be required to be members of the PVG Scheme in respect of both the children and protected adult workforces. Members agreed that this be implemented in respect of all Council members (continuing and new (including returning)) with effect from 2 April It was agreed that GTC Scotland would bear the cost associated with any new PVG scheme applications for Council members. In this regard it was noted that the cost was expected to be fairly modest. (ii) Council Election, Nomination and Appointment Processes (14-16Co(15)70) Members approved the following: Draft timeline for the election, nomination and appointment processes relating to the Council seats arising to be filled with effect from 2 April 2016; 48

6 Proposals relating to the election and appointment processes including the proposed method of allocating the floating 19 th Council seat, the appointment of the Returning Officer and Deputy Returning Officer, and the appointment of the Independent Scrutineer. Members noted that the independent Appointments Committee appointed in January 2015 was currently taking forward a process to appoint Fitness to Teach and Registration Panel members and conveners. A full report would be presented to the Finance and General Purposes Committee following the conclusion of the current appointment round. 17 Review of Investments (14-16Co(15)71) A copy of a draft Investments Policy for GTC Scotland had been circulated for discussion. This followed on from a small Sub-Group set up by GTC Scotland and chaired by Simon Thompson to look at this area. Members noted that there had previously been no such policy in place. Following lengthy discussion, members approved the draft Investments Policy. Members also agreed that the sale of GTC Scotland s equity holdings be taken forward (with the timing to be at the discretion of the Director of Business and Finance) and that the current practice of investing short-term cash surpluses within a financial year in fixed term cash deposits should continue. Items for Noting 18 Financial Position (14-16Co(15)72) A report on the financial position as at 31 December 2014 had been circulated for information. Members noted an improved projected year-end deficit of ( 41K) compared to ( 111k) reported at the previous Council meeting. 19 Committee Minutes Education of 3 February 2015 (14-16Educ(15)Min4) Jason Fitzgerald, Convener of the Education Committee, noted that most items in the Minute had been addressed earlier in the meeting. He drew members attention to the following items: Item 4(c) College Sector National Roll-out over Phase 1 (14/15) and Phase 2 (15/16) Preparations were under way for national roll-out in the College sector. Progress to date as part of the current pilot phase was noted. A further pilot phase would be held over the coming academic session and roll-out across the whole of the Further Education sector was envisaged for 2016/17. Item 7 EBSCO Good work was ongoing in terms of research. Recent EBSCO figures suggested fewer searches but more downloads of papers. Access to individual ebooks was limited to one reader at a time so the purchase of additional access to popular titles was being considered. Education Committee members had been invited to provide suggestions on ways to further refine the system to make it more user-friendly. Discussions were also ongoing between other Teaching Councils and EBSCO regarding future costs of the system. 49

7 The Minute was received. Professional Regulatory Assurance of 3 February 2015 (14-16PRA(15)Min4) Edith Swinley, Convener of the Professional Regulatory Assurance (PRA) Committee, conveyed her good wishes to Audrey Cowie on her election as Vice Convener of the PRA Committee and to Patrick Boyle who had recently joined the membership of the Committee. Mrs Swinley highlighted the following items: Item 5(c) Fitness to Teach Complaints Form and Process Some very helpful suggestions had been made in relation to improving the current form and guidance notes. Item 6((h) Report on Nursing and Midwifery Council Case The Committee had considered lessons to be learned from a case which addressed the issue of an unrepresented respondent. Members were reassured by the steps which GTC Scotland takes in these circumstances. It had been agreed that the Committee would give further consideration to additional actions that GTC Scotland might take in such circumstances. Item 7(c) - General Dental Council Audit of Initial Decisions The Committee had agreed that it would be helpful to take account of the Fitness to Practise Casework Framework set out by the Professional Standards Authority and overarching principles which were used for the review of regulators. The Minute was received. (c) Finance and General Purposes of 24 February 2015 (14-16FGP(15)Min4) Ian Jackson, Convener of the Finance and General Purposes Committee, presented this Minute and drew the following to members' attention: Item 7 Strathclyde Pension Fund Valuation for GTC Scotland As a result of the complexities surrounding the Strathclyde Pension Fund, the GTC Scotland auditors had been invited to the Committee's next meeting to explain some of the issues further. Item 9 Business Continuity Plan In reviewing GTC Scotland's Business Continuity Plan, the Corporate Management Team had identified 11 areas where planned action would be required. Two members of GTC Scotland staff (Mark Paxton and Sharon Carter) were working alongside the Director of Business and Finance to develop a draft revised Business Continuity Plan for GTC Scotland by the end of April This would be brought back to the Finance and General Purposes Committee and Council. The Minute was received. (d) Executive of 24 February 2015 (14-16Exec(15)Min4) Derek Thompson, Convener of Council, presented this Minute. following: He highlighted the Item 5/ 50

8 Item 5 Convention of Scottish Local Authorities (COSLA) Since the Executive Committee meeting on 24 February 2015, a number of local authorities had left the membership of COSLA. The Chief Executive was asked to look into what implications this might have for GTC Scotland and to report back to Council. The Minute was received. 20 Any Other Competent Business There were no items of other competent business in the public session. 21 Date of Next Meeting The next meeting of Council was scheduled to take place on Wednesday 10 June Members noted the earlier meeting start time of am to allow for the Annual Evaluation exercise to be carried out. PRIVATE SESSION Items for Discussion 22 Election of Executive Committee Member (14-16Co(15)73) (1) The Convener reported that there were two member vacancies requiring to be filled on the Executive Committee. (Against the background set out in a letter to Council members dated 3 March 2015, one vacancy had arisen for a member who was not a committee convener. A second vacancy for a member who was not a committee convener had arisen following the resignation of Patricia Duncan from the membership of Council). The Convener of Council invited nominations from the floor. The following nominations were received: David Bleiman (Appointed Lay Council member) proposed by Ephraim Borowksi and seconded by Ian Jackson. Karen Farrell (Elected Registered Teacher Council member in the Secondary Teacher/Headteacher category) proposed by Edith Swinley and seconded by Helen Sedgwick. Both nominees confirmed that they were willing to be nominated. No further nominations were received. Council agreed that both nominees be duly elected to serve on the Executive Committee. (2) The Convener of Council indicated that the resignation of Patricia Duncan from the membership of Council also left an elected Primary/Nursery Council seat vacancy to be filled until 1 April 2016 and a member vacancy on the Education Committee. In this regard: there were no runners up from the most recent election to fill the elected Primary/Nursery Council seat vacancy arising until 1 April Members agreed that a process of co-option be adopted with the aim of filling the vacancy by the August/September 2016 meeting cycle. the Convener of Council invited any member of Council interested in exchanging membership of an existing committee to serve on the Education Committee to notify Lisa Dobie, Council and Panel Support Manager, within the next seven days. If no members wished to change committee, Patricia Duncan s successor would be invited/ 51

9 invited to take up membership of the Education Committee. 23 Fitness to Teach Investigating Stage (14-16Co(15)74) The Convener of Council introduced this item. He advised members that he and the Chief Executive proposed to withdraw the previously circulated paper and, rather than discussion taking place at full Council, to make alternative arrangements for it to be discussed. In this regard they proposed as a matter of urgency to set up a meeting involving, as a minimum, the Investigating Panel Conveners, the Convener of the Professional Regulatory Assurance Committee, the Convener of Council, the Chief Executive and relevant GTC Scotland officers to explore the matters to be considered. The view of the Convener of Council and Chief Executive was that this would enable matters to be explored in a more meaningful way. In separate discussion, members noted that the sole registered teacher Investigating Panel (IP) Convener was currently not available, due to particular circumstances, to carry out that role. As a result Council agreed that there was a need to increase the number of registered teacher IP Conveners as a means of further cover. The aim to elect a minimum of one and a maximum of two additional registered teacher IP Conveners was agreed a feasible proposal. It was confirmed that new IP Conveners would receive comprehensive induction and training as a matter of course. It was proposed that: an invitation for nominations, together with information on eligibility and the responsibilities and level of commitment associated with the role of IP Convener, be circulated by to Council members; details of nominees then be circulated to Council members and Council members be invited either to confirm a nominee or nominees duly elected or to vote for their preferred candidate(s) (as required) through SurveyMonkey. Members approved the above proposal. Items for Noting 24 Committee Minutes Professional Regulatory Assurance of 3 February 2015 (14-16PRA(15)Min4) The following items were noted: (1) Item 4 - Intimation of Any Other Competent Business; (2) Item 5 - Items Arising from the Previous Minute; (3) Item 6 - Investigating Panel; (4) Item 6(d) - The Regulation of Health and Social Care Professionals Report - Focus on Investigation; (5) Item 7 - Court of Session Appeals; (6) Item 8(c) - Report on investigation decision making. The Minute was received. Executive of 24 February 2015 (14-16Exec(15)Min4) The following items were noted: (1) Item 2(c) - Court of Session Appeal (Registration); (2) Item 11(i) - Professional Regulatory Assurance Committee. 25/ The Minute was received. 52

10 25 Any Other Competent Business There was no other competent business. 53