Teacher Struck Off Posthumously by Scottish Regulator
The General Teaching Council for Scotland (GTCS) has come under scrutiny after it was revealed that it struck off a teacher who had already passed away, and publicly announced the decision.
Simon Foster, a former teacher at Peebles High School, was banned from teaching for two years following convictions for domestic abuse and drink-driving offences. The GTCS made the decision public despite Foster's death, which only came to light after the announcement.
Details of the Case and Proceedings
The fitness to teach hearing concerning Foster took place in December of the previous year. It was disclosed during the hearing that Foster had been convicted at Livingston Sheriff Court in January 2021 for domestic abuse and drink-driving offences.
The panel was informed that Foster received a 15-month supervision order, 130 hours of unpaid work, and a two-year non-harassment order. Additionally, he was disqualified from driving for 18 months.
Foster resigned from his teaching position several months after being charged in 2020. The hearing also revealed that he had not communicated with the GTCS since 2022 and had indicated a lack of willingness to participate in the proceedings.
Communication Attempts and GTCS Response
The GTCS stated that it made multiple attempts to contact Foster via email, requesting his attendance before the panel. The hearing proceeded in his absence due to his non-participation.
Following the publication of the decision on its website, members of the public notified the GTCS of Foster's death. In response, the GTCS removed the decision from its website and issued an apology.
"We are very sorry for any distress that the publication of the fitness to teach outcome has caused."
A GTCS spokesperson elaborated on their procedures, explaining that while they encourage teachers subject to referrals to engage with the process, not all comply.
"In those cases, the process must still continue in the public interest,"
the spokesperson added.
"We always send notice of a hearing to a teacher using the details we hold for them but some hearings proceed without the teacher present, usually because they have chosen not to participate.
Where we have confirmation that a teacher has passed away, the individual is removed from GTC Scotland's register and any fitness to teach proceedings end at that stage.
We have removed the outcome in this case from our website given the information that we have received."
