Concern over loophole that lets sacked supply teachers carry on working

Martin Shipton

The Welsh Government has been urged to close a “dangerous” loophole that allows unqualified supply teachers to carry on working in schools despite being sacked for inappropriate behaviour.

While teachers and other school staff directly employed by schools or local authorities are regulated by the Education Workforce Council (EWC) and can be barred from working in schools if they are proved to have seriously breached disciplinary rules, investigations of unqualified teaching assistants working for supply agencies are carried out by the agencies themselves.

It’s believed that this is leading to inappropriate individuals slipping through the net.

Risks

Solicitor Jonathan Rhys Williams of Altra Law in Caerphilly told Nation.Cymru: “I am representing a client at the employment tribunal concerning the risks created by the lack of regulation of unqualified supply teachers in Wales.

“Under current Welsh Government guidance, individuals can move from one school to another even after being dismissed, because it allows supply staff agencies to effectively act as judge and jury when investigating staff dismissed by schools. This creates a concerning gap that puts children at risk by allowing individuals who should not be left alone with pupils to continue teaching.”

“The Welsh Government must act now to close this dangerous loophole, which is being exploited by supply staff agencies, by introducing independent regulation for unqualified supply teachers, either through the Education Workforce Council or by another suitable body.”

Mr Williams drew our attention to a guidance document issued by the Welsh Government entitled Disciplinary and Dismissal Procedures for School Staff. Section 2 states: “A school governing body must adopt procedures to regulate the conduct and discipline of all school staff that are paid from the school’s delegated budget, which includes: teachers, support staff such as teaching assistants, office staff, caretakers and site management staff, laboratory technicians, learning support assistants, any other member of staff so paid.

“However, this does not include staff employed directly by an employment agency or umbrella company.”

Dismissal

The document adds in relation to staff employed directly by an agency: “The agency is responsible for the discipline and dismissal of supply staff it directly employs under a contract of employment to work at a school. If the nature of an allegation is such that the headteacher or chair considers such a person should cease to work at the school, they must notify the agency of that decision and the justification for it. They may also ask the person to leave the school premises. This is not a dismissal or a termination of contract by the school as the contract is held by the agency.

“The agency should consult the governing body to such extent as it sees fit to obtain relevant information and evidence relating to the allegation, including names of witnesses, before the agency takes action under its own disciplinary procedures. It will be for the agency, in discussion with the local authority and the school, to determine what action to take, although both schools and agencies have a duty to make referrals to the Disclosure and Barring Service (DBS) where necessary.”

The concern is that because agencies carry out their own investigations into their supply teachers that are dismissed by schools, there is very little oversight and no incentive for agencies to undertake rigorous investigations because the supply teachers make them money.

The concern is heightened in the case of Welsh language supply teachers because they are in short supply.

A spokesperson for the Welsh Government said: “We cannot comment on specific cases. Our guidance requires employers to operate safe recruitment procedures, ensuring that appropriate checks are carried out on all new staff and volunteers who will be working with children.”