Concerns have been raised over how the regulatory body for teaching in Scotland is dealing with child protection issues.
The Children’s Commissioner (CYPCS) – who works to protect the human rights of children and young people – has voiced his concerns.
Bruce Adamson contacted the Scottish Government earlier this year to raise concerns about the General Teaching Council for Scotland (GTCS). He said it was “not acting in accordance with national child protection guidance”.
The CYPCS expressed its concerns after writing to the GTCS in November last year.
‘Two specific concerns’
In a letter to the GTCS’s director of regulation and legal services, the CYPCS’s head of investigations said he had received “a number of enquiries relating to child protection and safeguarding in education”. He raised “two specific concerns”.
Firstly, that the language used in response to referrals – particularly ‘frivolous’ and ‘vexatious’ – may give individuals the impression that their referral lacks any merit or substance.
And secondly, that referrals which may contain information amounting to a child protection concern may have been passed back to the complainer, rather than referred to the appropriate investigatory authorities.
The Press and Journal has heard concerns that some complaints are being passed back to councils.
Complaints passed back to councils would effectively mean local authorities investigating themselves.
The GTCS’s director of regulation and legal services responded in December.
GTCS admits ‘unhelpful’ language
In response to the CYPCS’s concern about language, the GTCS admitted that words such as ‘frivolous’ were “unhelpful”.
GTCS director of regulation and legal services Jennifer Macdonald said: “We have identified that the use of the word ‘frivolous’ in this context is unhelpful. We will look to change this when the Fitness to Teach Rules are next reviewed.”
She added this would require a public consultation and approval from the Lord President of the Court of Session.
The current strategic plan is in place until 2023. The GTCS says planning will begin “soon” for the next period.
Ms Macdonald also addressed the CYPCS’s second point of concern, around the risk of child protection concerns not being properly dealt with.
She said the GTCS doesn’t have a “specific statutory responsibility” regarding child protection or safeguarding issues.
She added: “The system as a whole has to rely on employers getting it right and having trust and confidence in them to do so.”
‘Identified areas we can make improvement’
The GTCS had reviewed “no further action” referrals made to them by members of the public since 2019.
Ms Macdonald said: “The vast majority of those have come from parents who have direct contact with the school and can readily raise their concerns with a teacher’s employer.”
She added: “Having reviewed the member of the public referrals since 2019 which were not investigated, we are content with the decision making but this process of evaluation has identified some areas where we think we can make some improvement.”
The CYPCS said the Scottish Government had agreed to follow up with the GTCS to “establish their practice”.
Scottish Government responds
A spokeswoman said the Scottish Government discussed these concerns with the GTCS. She added they have been “reassured by what they have shared with us”.
“Every council is expected to have in place appropriate child protection policies and procedures to deal with any concerns raised.
“The GTCS recognises it has an important role in child and public protection and that the national child protection guidance has a strengthened focus on children’s rights, engagement and collaboration with families.
“The Scottish Government engages with the GTCS on child protection issues on an ongoing basis.”
