506 Complaints about competence

(1)

A person who wishes to make a complaint about a teacher’s competence must first make the complaint to the teacher’s employer, unless one of the circumstances in subsection (2)(a) to (d) applies.

(2)

Any person (including a parent, an employer, or a member of the Teaching Council) may make a written complaint to the Teaching Council about the competence of a teacher—

(a)

if the complaint is about a teacher who is not currently employed by an employer; or

(b)

if the complainant considers, on reasonable grounds, that the employer is not able to deal with the complaint effectively because of an actual or a perceived conflict of interest; or

(c)

if the complaint has been made to the employer, but the complainant is not satisfied with the way in which the complaint is being, or was, dealt with; or

(d)

in any other exceptional circumstance.

(3)

The Teaching Council may investigate any matters that relate to teacher competence of its own motion as it sees fit.

(4)

The Teaching Council may, after any investigation it decides to make, refer to the Competence Authority a complaint or other matter that relates to competence for a decision as to whether the required level of competence has been attained.

(5)

A complaint under this section by an employer or a former employer must include a description of the competence issues leading to the complaint and the actions (if any) that the employer or former employer has undertaken in relation to them.

(6)

If the Teaching Council considers that a complaint should first have been sent to the teacher’s employer, it must refer it to the employer, and, in any other case, it must notify the employer (if the teacher is currently employed by an employer) that—

(a)

it has received a complaint about the teacher’s competence; or

(b)

it is investigating the teacher’s competence of its own motion.

(7)

When the Teaching Council refers a complaint to an employer, the employer must report as required by the Teaching Council.

(8)

If the Teaching Council is satisfied that the employer has not responded, or has not been able to respond, to the complaint in a satisfactory way, the Teaching Council may investigate the complaint.

(9)

When a complaint about competence is made by a member of the Teaching Council, that member may not be involved in any investigation of the complaint.

Compare: 1989 No 80 s 410