Teachers are among the most scrutinised professionals in the land, yet the official procedures for dismissing them are among the most tortuous.

As well as being subjected to regular observations in the classroom by their heads of department and visits by the Ofsted schools inspectorate every three years, they are judged on the exam results of their classes and receive feedback daily from the harshest critics of all – parents and pupils.

Head teachers who are worried that a teacher is letting down students through poor performance must first initiate an informal procedure offering counselling and advice. A second, formal procedure, if there is no sustained improvement, involves setting targets for the teacher, providing advice and feedback and more frequent observation in the classroom. This should not last longer than two terms.

In this period teachers may be given warnings and, if there is no improvement, a final warning. If the problems are very serious, the employer may impose a four-week accelerated period of observation and target setting. If there is still no improvement, the teacher may be dismissed or encouraged to resign. The formal procedure of last resort is a referral to the teachers’ professional body, the General Teaching Council for England (GTCE).

All teachers in England are required to register with this body, and they must renew their registration by paying the annual fee of £33. Teachers are not required to update their training in order to reregister.

Those referred to the GTCE for incompetence will have their cases heard by a professional competence committee comprising three GTCE council members, an independent legal adviser, a majority of teacher members and a lay member of the GTCE. Hearings are generally held in public and final rulings are published.

If found guilty, teachers can be punished by a reprimand, which is kept on their record for two years, a suspension, which can stop them working for up to two years, or a prohibition order, banning them from the profession. In some circumstances, teachers given a prohibition order can reapply for teacher registration after two years.

In practice, referrals to the GTCE are extremely rare. The process is time-consuming and stressful because it involves heads and teachers giving evidence against a former colleague. It is also often difficult for heads to decide whether to refer a teacher for incompetence or poor conduct.

Since the GTCE took responsibility for regulation in June 2001, almost two thirds (97 of 150) of local education authorities in England have not referred a single case for alleged incompetence.

The total number of incompetence referrals for the 80 months to January 31 this year is 135, or an average of 20 annually. From the 135 referrals, 60 hearings have taken place, with 46 resulting in a conviction and disciplinary order. Of these, eight teachers were barred from the profession and ten were suspended from the register.

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