I propose to take Questions Nos. 107 to 111, inclusive, together.
I am advised by the Teaching that the Investigating Committee is a complaints screening or filtering committee, and it can determine whether to send a complaint forward for an inquiry or not. Under section 42(9) of the Act, the complaint may not proceed to inquiry where the Investigating Committee is of the opinion that there is no prima facie case to warrant further action. This in effect, means where there is no real prospect of the complaint being proven at inquiry given the standard of proof at inquiry is the criminal standard of ‘beyond a reasonable doubt’ and also the threshold of seriousness required for a complaint to be referred to inquiry. In addition, there are preliminary ways in which a complaint can be refused, including where it does not relate to the fitness to teach of the teacher or where local disciplinary procedures have not been exhausted (unless there are good and sufficient reasons for proceeding despite this) which is set out in section 42(5) of the Act.
Where a complaint is refused at complaint screening stage by the Investigating Committee, there is no right of appeal in the legislation. This is consistent with the legislation for many other professional regulators such as the Medical Council, the Nursing and Midwifery Board and CORU.
Section 42(3)(b)(ii) of the Act provides that the Director of the Teaching Council may refuse to refer a complaint to the Investigating Committee (the complaints screening committee) if they consider the complaint to be frivolous, vexatious, made in bad faith or an abuse of process. If such a decision is made, a complainant can appeal the Director’s refusal to the Investigating Committee, which will then decide whether to uphold or quash that decision. This appeal process is referred to in section 42(4) and 42(4A) of the Act.
Where a complainant remains dissatisfied with how the Teaching Council has dealt with their complaint, they can consider taking judicial review proceedings, having taken any necessary legal advice.