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Code of Practice


19 June 2009


Since 2001 the General Teaching Council for England (GTCE) has been the professional regulatory body responsible teaching. Eight years on and with the imminent launch of an updated Code of Conduct which places a responsibility on teachers to act as role models who consider ‘their place in society’, Emily Birkett asks whether the GTCE has gone too far.

Background

The GTCE was established in 2001 as a body independent from Government. It is made up of teachers and lay people (including parents, governors and representatives from children’s organisations) and has three main aims:

to improve the standards of teaching and the quality of learning - the GTCE is responsible for awarding qualified teacher status and maintains a register of qualified teachers. It has also played an important role in advising the government and other agencies on policy that affects the quality of teaching and learning; and

to maintain and improve standards of professional conduct among teachers – the GTCE sets out and maintains standards for teachers and has powers to deal with cases of misconduct or incompetence by issuing sanctions and, in the most serious of cases, prohibiting teachers from teaching; and

to raise the standing of the profession.

Mixed reviews

It is generally agreed that the GTCE has achieved a lot in the last eight years with its focus on supporting and improving standards of teaching and learning and offering impartial independent advice on government policy. For example, it now requires trainee teachers to provisionally register with it and has played a key role in both the Children’s Plan and the ‘Every Child Matters’ agenda.

However, critics argue that it has not been as successful in improving standards of conduct or raising the standing of the profession with its remit being criticised for being too ‘complex and problematic’. Indeed, a recent survey commissioned by the GTCE in February 2009 reported that members felt that its role as an advocate of the profession meant it was neglecting its primary function, namely the registration and regulation of teachers.

They point to examples where the GTCE has failed to enforce the requirement that local authorities, schools and the police make referrals to them when a member of staff is dismissed for incompetence, misconduct, or cautioned or convicted. Further, where referrals have been made, the GTCE has only considered cases where they are serious enough for the teacher to have been dismissed by their employer or where they believe the teacher resigned before they could be dismissed. Moreover, they have rarely used their power to strike off teachers found guilty of incompetence or misconduct.

There have been a number of recent high profile cases of incompetence and misconduct which have compounded these allegations. They include the case of Michael Swann, a science teacher at Maltby Community College in Rotherham, who escaped further sanction by the GTCE after he was arrested in a nightclub for possession of crack cocaine. The Council defended its decision stating that it had looked at his performance as a teacher and considered whether he had been guilty of any previous transgressions.

The current Scottish case of Susan Barnard, a primary school teacher in Perth and Kinross, has also received a lot of press attention, as she now faces the possibility that she may be the first teacher in Scotland to be struck off for incompetence. Although the matter falls within the jurisdiction of the General Teaching Council for Scotland (GTCS), and not the GTCE, it has angered critics because she had moved between three schools before disciplinary action was taken. The case highlights a tactic prevalent in many English schools whereby failing teachers are encouraged to resign rather than face disciplinary procedures allowing them to transfer to another school with an adequate reference.

The statistics would appear to give some credence to these complaints. Of the 500,000 teachers registered with the GTCE last year there were a total of only 506 referrals. Of these, only 222 were for misconduct. Most significantly, just 10 teachers have been struck off for incompetence since the Council was set up in 2001.

A new professionalism: a new code

The launch of the new draft code of conduct represents an attempt to address some of the criticisms. It came with an announcement that the new Code would seek to represent the changing context and nature of the teaching profession and reflects the GTCE’s intention to create role models.

The consultation period ended on 27 February 2009. The Council will now review the responses before deciding whether to amend the draft Code. The final Code will be published later this year and is likely to come into force in the autumn.

The draft Code outlines eight key principles of conduct and practice that registered teachers are expected to comply with. These are:

1. Placing the wellbeing, development and progress of children and young people at the heart of their professional practice

Teachers are expected to use their professional expertise and judgment to do their best for the children in their care. This includes taking all reasonable steps to ensure their wellbeing by being perceptive of the needs of children in their care and addressing issues at the earliest possible stage. Where further help and support is needed teachers are expected to demonstrate sufficient self awareness to access it where necessary. The draft code demands that appropriate professional boundaries should be kept between teachers and those children in their care. If teachers have any concerns relating to the practice of other teachers or professionals they are required to ensure they are raised through the appropriate channels to ensure that any children involved are not exposed to any risks.

2. Reflect on their own teaching to ensure that it meets the high standards required to help children achieve their full potential

This principle reflects the GTCE’s expectation that teachers should meet the professional standards for teaching that are relevant to their role and experience. It suggests a number of ways in which teachers should develop these standards.

In practice the code expects teachers to use up to date knowledge and experience of their subject as the basis of their teaching and to develop their offering within the national curriculum. It requires teachers to reflect on their teaching methods and make use of appropriate feedback and training to help them improve.

In the classroom, the code envisages that teachers will tailor their teaching methods to reflect the different abilities of the children they are teaching, setting appropriate and clear learning objectives. It also requires them to keep up to date with changes in society, the economy and the future so that they can assist children in preparing for the future.

3. Strive to awaken a passion for learning and achievement among children and young people and equip them with the skills to become lifelong learners

Teachers are encouraged to listen to their pupils and build relationships with them, creating effective learning environments so that they feel involved in their own learning.

This principle also supports the idea that teachers should use the classroom environment to promote self confidence and awareness amongst their pupils.

The Code envisages that by managing their environment teachers will develop an awareness of their significant role in children’s lives and their duty to lead by example.

4. Promote equality and diversity

The Draft Code believes that teachers should play an active role in taking responsibility for challenging, educating and reacting to discrimination, stereotyping and bullying so that children understand and appreciate different views and learn in a fair and inclusive school environment.

5. Take proactive steps to establish partnerships with parents and carers

Teachers are required to demonstrate an understanding of the importance of establishing these relationships. The code envisages that teachers will consider the views and perspectives of parents and carers and provide them with information about their child’s progress as well as involving them in important decisions about their education.

6. Work as part of a whole school team

Principle 6 insists that teachers take positive steps to develop productive and supportive relationships with all of their colleagues. It envisages that they will participate in their colleague’s development (particularly those more junior).

It also expects teachers to play an active role in the development of the whole school exercising leadership and management responsibilities and supporting leadership decisions, school policies and procedures.

7. Cooperate with other professional colleagues who have a role in enabling children and young people to thrive and succeed

Teachers are expected to demonstrate awareness that they share responsibility for their pupils with a wide range of other agencies. The code envisages that teachers will do their best to understand the role of other professionals and establish effective working relationships with them for joint working.

8. Demonstrate high standards of honesty and integrity and uphold public trust and confidence in the teaching profession.

Principle 8 requires teachers to uphold the law and maintain the appropriate standards of behaviour both inside and outside the classroom. They are expected to demonstrate high standards of honesty and integrity and understand that their duty to safeguard children always comes first.

The Code makes clear that disciplinary action can be taken against teachers for actions outside school hours as well as in them. It also states that it expects teachers to be far more proactive, placing a duty on them to develop ‘productive and supportive relationships with all school colleagues’. Examples of bad practice include bullying and using the internet for personal reasons during lessons times. Teachers risk losing their registration if they fall seriously short of the codes standards

Reaction to Code

The Code has been met with concern from some teachers’ unions who have argued that the new Code not only increases scrutiny of their conduct in the classroom, if implemented in its current form, it intrudes too much on teachers’ private lives. Interestingly, however, the GTCE has dismissed this criticism claiming that of the groups involved in the consultation discussions over the new code the one with the highest expectations of teachers were the teachers themselves.

In line with this the new Code is aimed more at meeting the rising expectations of the quality of the teaching profession than any great reform of its policies and procedures. The existing Code already grants the GTCE the power to suspend or bar teachers for misconduct or incompetence where it believes that the teacher in question was guilty of conduct that fell short of the standard expected of a registered teacher.

The Council have also been quick to point out that their disciplinary procedures will not change and that they do not expect to see an increase in the cases they hear.

The key difference between the old code and the new draft code is that it is explicit, not only that there is an expected standard, but that it is directly linked to a teacher’s responsibility to uphold public trust and confidence in the profession. The idea is that by creating clear standards and a more supportive environment, cases of misconduct and incompetence will be prevented from escalating to disciplinary procedures.

The Council’s intention is that the code will be a ‘touchstone’ to help teachers understand what is expected of them guiding them on everyday judgments and actions and providing them with a hallmark for the profession in much the same way as is already provided to other professions such as doctors and lawyers.

Conclusion

Although the GTCE has only been around for 8 years the draft Code reflects its recognition of the growing professionalism of teachers. Rather than being draconian the Code seeks to establishe the attributes, knowledge and skills, considered by the Council, to be necessary for entry into and through the profession and set out values which are common to all teachers and ensure that they are aware of the standard of conduct and professionalism expected of them, both in and out of the classroom.

It inevitable that the GTCE has some way to go before it can claim to be considered in the same regard as the regulatory bodies of other professions such as the 150 year old General Medical Council. However, the Code is an important stage in the evolution of the GTCE, establishing a common document which makes clear the purpose and value of teaching and the role of teachers in today’s society.

This article was first published in Sec Ed

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