1 Introduction
1. The General Teaching Council for Scotland ( GTCS) is the regulatory body for the teaching profession in Scotland. This consultation document invites comments on the future role of the GTCS and how the organisation should be governed.
Background to the consultation
2. The GTCS was the first Teaching Council in the United Kingdom and one of the first teaching Councils in the world. It was established by the Teaching Council (Scotland) Act 1965 ('the 1965 Act') following concerns about the fact that unqualified teachers were working in Scottish schools. In continuing to ensure that an effective and well trained teaching profession is in place in Scottish schools, the GTCS makes a crucial contribution to the education of Scotland's children.
The GTCS has three principal aims:
- to contribute to the development of a world-class educational system in Scotland;
- to maintain and to enhance professional standards in schools and colleges in collaboration with partners; and
- to be recognised as an advocate for the teaching profession.
3. Currently, the GTCS is classed as an advisory Non-Departmental Public Body ( NDPB). This means that while it is not a Government Department, it is still part of the structure of Government in Scotland and is sponsored by the Schools Directorate. In January 2008, the First Minister announced that the GTCS would be established as a "self-regulating, profession-led body, along the lines of the General Medical Council". The move away from being an advisory NDPB to a fully independent body provides an opportunity to consider the responsibilities of the GTCS and the way in which these responsibilities are delivered. This consultation seeks views on a range of options relating to the functions of the GTCS and the way in which these functions should be undertaken.
4. The GTCS is trusted and well respected, both by those directly involved in the delivery of teaching as well as by the Scottish Ministers, as a regulator with a good track record in ensuring that teachers working in Scotland's schools conform to high standards. The move to independence is an endorsement of the good work undertaken by the GTCS over the past 44 years. In addition, it should be noted that while regulation is a core function, the GTCS has a wider responsibility than other regulators of the teaching profession in the United Kingdom. Through its accreditation of courses, its role in the development and maintenance of the teaching standards and its influence on all areas of educational development, it has become a significant professional body in Scotland.
Financial Independence
5. In addition to the good track record of the GTCS, it is important to note that the organisation is wholly self-funded by the registration fees that teachers pay on an annual basis. Unlike most other NDPBs the GTCS receives no additional funding from the Scottish Government and the move to independence will not change this arrangement. (Annex A compares the fee level set by the GTCS with other regulatory bodies).
What will change?
6. The move to independence gives an opportunity to examine the precise role of the GTCS and the way in which it carries out its business. This consultation therefore considers possible changes to the responsibilities of the GTCS alongside possible changes to its organisational structure.
7. Despite the possible changes discussed in chapters 2 and 3 of this paper, the Scottish Government does not believe the move to independence will result in a significant change to the core functions of the organisation. The over-arching responsibility, through strong regulation, to ensure that the teaching profession is well placed to provide the best possible standard of education for Scotland's children, will remain central to all the activities the GTCS is involved in. It is in this light that any change in function should be considered. In short, the core responsibilities of the GTCS are likely to remain broadly the same in an era of independence as they are now.
8. In considering the options set out in this consultation paper, it should be noted that the Scottish Government has no fixed plan as to the future role and make-up of an independent GTCS. The responses to the consultation will be carefully considered by the Scottish Government in conjunction with other key stakeholders to ensure that the final proposals help create a GTCS that is well placed to discharge its responsibilities as an independent body while contributing to the Scottish Government's National Outcomes which include ensuring:
- our young people are successful learners, confident individuals, effective contributors and responsible citizens;
- our children have the best start in life and are ready to succeed; and
- we are better educated, more skilled and more successful, renowned for our research and innovation.
9. This consultation focuses on the principles that will underpin a newly independent GTCS. The power to make these changes will be included in the Public Service Reform Bill, due to be introduced to the Scottish Parliament in Spring 2009. The powers introduced in the Bill and any secondary legislation made using the powers, will be subject to scrutiny of the Scottish Parliament. Consultees may find it beneficial to read this consultation paper in conjunction with an up to date copy of the 1965 Act. A copy of the 1965 Act, as amended can be downloaded from the link below.
http://www.statutelaw.gov.uk/legResults.aspx?LegType=All+Primary&PageNumber=64&NavFrom=2&activeTextDocId=1556632
Structure of the GTCS
10. The Scottish Government believes that as an independent body, the GTCS should have a large degree of flexibility in terms of being able to set its own structure. While giving some flexibility, the 1965 Act tightly governs elements of the way in which the GTCS operates. Currently, if the GTCS wanted to amend some aspects of its organisational structure, it would be necessary for Government to either take forward primary or secondary legislation. The Scottish Government intends giving the independent GTCS broad powers allowing the organisation to determine its own internal structures, without recourse to legislation.
Context of the move to independence
11. This consultation focuses on potential changes to the responsibilities and governance of the GTCS. However, it is worth noting that this discussion is taking place at a time of significant change to the regulatory landscape in Scotland and the UK. The GTCS, for many years the only Teaching Council in the UK, has, through the Teaching and Higher Education Act 1998, now been joined by Councils for England, Wales and Northern Ireland. In addition, the bodies that regulate the health professions are currently undergoing considerable change further to the February 2007 White Paper - Trust, Assurance and Safety: The Regulation of Health Professionals in the 21st Century.
12. When announcing the change to the status of the GTCS, the First Minister stated that the Council should be developed "along the lines of the GMC (General Medical Council". The UK Government has recently introduced legislation that has changed the way in which organisations such as the General Medical Council ( GMC), Nursing and Midwifery Council ( NMC) and the General Dental Council ( GDC) are constituted. The size of their Councils has been reduced, they have moved to a position where all Council members are appointed, rather than elected, while the balance between lay and professional members is equal. In one case, the General Optical Council, they are moving towards having a lay majority of Council members. For more detailed information on the changes to the health regulators please see the final report of the White Paper Working Group Trust, Assurance and Safety: Enhancing Confidence in Healthcare Professional Regulation - Final Report.
http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_085162
13. It is also relevant to note that the two other Scottish regulatory bodies that were introduced in 2001, the Care Commission and the Scottish Social Services Council, also both have small Councils composed of individuals appointed by the Scottish Minsters. More information about how some of the other regulatory bodies are composed, including the other UK Teaching Councils, is given in Annex A.
14. It is worth emphasising that although the move to independent status is taking place within a context of considerable change within the professional regulatory framework more widely, the GTCS is in a different position to the health regulatory bodies. The regulation of teaching has not been subject to a series of significant inquiries, nor is there is a suggestion that the GTCS has in some way lost the trust of the public and profession. The move to independence is in itself an endorsement of the work of the Council and the change in status provides an opportunity to discuss the issues considered in this consultation.
15. It is however important that changes to the wider public sector landscape are recognised and that the GTCS is constituted in a way that retains public confidence, while allowing the organisation to continue to act a strong regulator for the profession. It plays an important role in the well-being and future economic prosperity of Scotland because good teachers help pupils to become successful learners, confident individuals, responsible citizens and effective contributors to society. Ensuring the teaching profession is well placed to meet the challenges of teaching in 21st century Scotland is therefore a critical task.
Previous Reviews of the GTCS
16. It is also worth noting that the scope of the Council's work and the way in which it is organised have previously been discussed. A 1999 Scottish Government consultation document sought views on a series of recommendations that were originally made in a review of the GTCS by Deloitte and Touche. The Scottish Government's response is set out in the "Improving our Schools" consultation report. The Deloitte and Touche review, and the subsequent consultation and report, proposed changes to role and structure of the GTCS, some of which were adopted in the amendment to the 1965 Act brought forward in the Standards in Scotland's Schools etc. Act 2000. 1 For example, the 2000 Act set the composition of the current Council.
17. In many respects this consultation is a continuation of the discussion started in 2000, and the forthcoming changes that will be made to the GTCS in terms of the responsibilities and governance can be viewed as being part of a gradual evolution of the organisation as opposed to a sudden change. More information on the Deloitte and Touche Report is available at: http://www.scotland.gov.uk/library2/doc01/rgtc-00.htm
18. More information on the "Improving our Schools Consultation" is available at: http://www.scotland.gov.uk/library2/doc01/iosc-00.htm
Legislative process/timetable
19. The Public Service Reform Bill, which is scheduled to be introduced in the spring of 2009, will give the Scottish Ministers power to form an independent Council. It is likely that secondary legislation will also be required, further to the Bill, to set out some of the detail about the way in which the Council will operate.
20. It will not be possible to have all the legislative provisions for a new, independent Council in place by November 2009 when the term of the current Council ends. Accordingly, it will be necessary to elect/appoint/nominate a new Council under current arrangements in advance of this date. It is likely that the Council elected/appointed in 2009 will not serve its full term and will be wound-up early allowing for the new legislation relating to an independent GTCS to be implemented. It is therefore estimated that the November 2009 Council will exist for around 2 years.