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Fitness to practise case studies
Fitness to practise case studies

The following case studies provide clear, practical insights into the expectations and standards expected of you in both your professional practice and personal life.

Based on real examples, they illustrate common challenges and pitfalls that can lead to a fitness to practise hearing. By highlighting these scenarios, we aim to offer valuable learning points to help you uphold the highest standards in your profession and safeguard your registration.

Failure to notify employer of a criminal offence

In this case study, we look at an example of where a registrant was reprimanded following their failure to notify their employer of a criminal offence.

Summary of the case

The EWC received a referral from an employer after it dismissed an EWC-registered member of staff. The registrant was dismissed because it came to light that they had failed to inform their employer of two separate arrests for shoplifting.

During this hearing, the Fitness to Practise Committee was asked to consider whether the following allegations were proven. That the registrant:

  1. was made subject to an out of court disposal (community resolution order) for two offences of shoplifting
  2. failed to declare the out of court disposal referred to at paragraph 1 to their employer

The Committee also considered whether the registrant’s conduct was dishonest and/or lacking in integrity.

The registrant attended the hearing, but was not represented. The registrant fully admitted the allegations.

The Committee’s findings

The Committee (supported by an independent legal adviser throughout) considered the evidence provided to it and whether the public would find that the allegations amounted to unacceptable professional conduct.

The Committee noted that the registrant had multiple opportunities to declare the community resolution order to their employer. They were also under an obligation to make such a declaration in accordance with their employer’s Code of Conduct Policy, and their terms and conditions of employment.

The Committee found that the registrant’s behaviour was both dishonest and lacking in integrity. Concealing criminal behaviour was determined to fall below the professional standards expected of a registered person and a breach of the EWC’s Code of Conduct and Practice.

The Committee decided that a Reprimand was proportionate in this case. The Committee noted that the registrant’s behaviour was significant; it had made a finding that the registrant had been dishonest. However, the Committee was of the view that there was a limited risk of repetition and that the registrant had shown insight into their conduct, and had taken positive steps towards rehabilitating their behaviour.

Code of Professional Conduct and Practice

In this case, the individual was in breach of several principles from the Code, including that registrants:

  • recognise their personal responsibility as a role model and public figure, to uphold public trust and confidence in the education professions, both in and out of the workplace
  • behave honestly, and with integrity: particularly with regard to:
    • their employer, and report any matter which is required by their terms and conditions of employment
    • their conduct, both in and out of the workplace
  • adhere to lawful standards of behaviour, in a manner in keeping with their position as member of the education profession

Lessons learnt

The character traits of honesty and integrity are amongst the highest on the list of those expected of professionals. They are basic principles simply because each act of honesty and openness builds an impression of someone who can be trusted, respected, and set a positive example.

Registrants must be open and honest with their employer about matters that may affect their professional standing. Attempting to conceal information, particularly criminal matters, is likely to be viewed as dishonest and lacking integrity.

Registrants should ensure they are familiar with, and adhere to, their employer's reporting requirements, including the obligation to disclose arrests, charges, convictions, cautions, or other relevant outcomes where required.

The Code also makes clear that registrants are expected to inform the EWC of any recordable criminal convictions or cautions, or restriction placed on their practice by any other body.

Further reading and guidance

Code of Professional Conduct and Practice

Good practice guide: Being open and honest as an education professional