The Review of Decision process is the Teaching Council's internal review mechanism. Applicants can avail of this when registration has been refused or when registration conditions have been imposed by the Primary/Post-Primary Applications Panel, or the Evidence of Character Panel.
The Registration Committee Review Group acts on behalf of the Council when reviewing such decisions.
When an application is unsuccessful, the Council informs the applicant and offers the option of a Review of Decision by the Registration Committee Review Group. The applicant is also informed of the right to appeal the decision to the High Court.
In appealing, the applicant will be given the opportunity to include additional evidence of qualifications and provide a written submission. Where registration is being refused on the grounds of evidence of character, the applicant can also request an oral hearing. The Council will also provide the applicant with a statement from the relevant Applications Panel (Primary or Post-Primary), the Evidence of Character Panel and/or the Registration Officer, indicating the grounds on which the application was refused.
For the Review of Decision, the Registration Committee Review Group will not include those who examined or discussed the application earlier.
If an application has been considered by an Applications or Evidence of Character Panel, the entire application along with the recommendations of assessors (if any) will be provided to the Registration Committee Review Group.
Any request for a Review of Decision to the Registration Committee Review Group must be made, in writing, stating the grounds on which the review is being sought, within 21 days of receipt of the decision from the relevant applications panel/Registration Officer.
1) The Registration Committee Review Group will consider the report of the relevant panel and all documentation associated with the application
2) Having considered the application, the Registration Committee Review Group may decide:
a) to confirm the original decision
b) to change the original decision
c) to approve the registration of the applicant (including the imposition of registration conditions)
Oral Hearing (The Oral Hearing option is available in Evidence of Character cases only)
Where registration is being refused on evidence of character grounds, an applicant requesting a Review of Decision may also request an oral hearing before the Registration Committee Review Group. The request for an oral hearing must be submitted at the same time as the request for the Review of Decision.
If a request for an oral hearing is made, the Registration Committee Review Group will provide the applicant with a date and time for the oral hearing which will take place at the Council's offices, with at least 21 days' notice.
At the oral hearing, the applicant or his/her representative may make a presentation to the Registration Committee Review Group that should normally be no longer than 15 minutes. No additional documentation may be presented at the hearing. The applicant or his/her representative may be required to answer questions from the Registration Committee Review Group.
Notification of the Decision of the Registration Committee Review Group
The Registration Committee Review Group will make a decision within 30 days of the review or oral hearing. The applicant will be informed of the outcome of the Review of Decision within 21 days of the decision being made.
Appeal to the High Court
In accordance with section 31(8) of the Teaching Council Act, 2001 where the Council makes a decision to refuse to register a person or to register the person subject to conditions, that person may apply to the High Court for annulment of the decision concerned within 21 days of the date of being notified of the Council’s decision.