Making a Complaint

Any person, including members of the public, employers and other teachers may make a complaint about a registered teacher.  In addition, the Teaching Council can itself make a complaint about a registered teacher.

Teachers and members of the public can check if a teacher is registered with the Teaching Council by Searching the Register.

In general, you should first bring your complaint to the teacher’s school before you consider making a complaint to the Teaching Council. In most cases we cannot look into a complaint until the school’s disciplinary procedures (established under section 24 of the Education Act, 1998) have been exhausted (or come to an end)*, unless there are good and sufficient reasons. It is up to the Council's Investigating Committee to decide whether there are good and sufficient reasons. Good and sufficient reasons may include where children or vulnerable persons are, or may be, at risk of harm.

 * Section 28 of the Education Act, 1998, requires the Minister for Education and Skills to establish grievance and other procedures for students and parents. It is referred to in the Teaching Council's fitness to teach legislation. However, this section has not been brought into operation by the Minister to date and is therefore not referred to in this information. When section 28 is brought into operation by the Minister, we will generally not be able to look into a complaint until the school’s grievance procedures (established under section 28 of the Education Act 1998) have been exhausted. The exception to this is where the Investigating Committee decide there are good and sufficient reasons for conducting an investigation.

We can only consider complaints in relation to registered teachers.

We can look into complaints on a number of grounds including:

1. professional misconduct
2. poor professional performance
3. engaging in conduct contrary to the Code of Professional Conduct for Teachers
4. being medically unfit to teach
5. a court conviction for certain offences
6. failing to comply with, or contravening a provision of the Teaching Council Acts, 2001-2015, the Education Act, 1998, the Education Welfare Act, 2000, the Education and Training Boards Act, 2013, and any regulations, rules or orders made under those Acts
7. failing to comply with an undertaking or to take any action specified in a consent given to a panel of the Council's Disciplinary Committee at an inquiry
8. erroneous registration due to a false or fraudulent declaration or misrepresentation.

You can find the list of grounds of complaint at section 42(1) of the Teaching Council Acts, 2001-2015.

The Teaching Council itself may make a complaint to the Investigating Committee in certain instances arising from:

1. information contained in a vetting disclosure received by the Council on behalf of school employers or potential employers
2. information contained in an overseas disciplinary notification
3. information having come to the attention of the Council whether through the media or otherwise.

The commencement date of Part 5 of the Teaching Council Acts 2001-2015 was 25 July 2016. We can generally only consider complaints where the matters complained about took place on or after 25 July 2016.

For complaints relating to professional misconduct and where the events took place before 25July 2016, the Investigating Committee can only decide to proceed to consider and investigate the complaint in exceptional circumstances. The Committee is only entitled to proceed where it believes that:

 a)      The conduct complained of is conduct that, if proven, would have constituted a criminal offence at the time that it occurred, and

b)      The conduct is of such a nature as to reasonably give rise to a bona fide concern that a child or vulnerable person may be physically, sexually or emotionally exploited or abused.

For a complaint to be referred by our Investigating Committee to our Disciplinary Committee, the complaint must be of a serious nature.

Each complaint will vary but we aim to have a decision made by the Investigating Committee within six to nine months of the date that we receive a complaint.

If the Investigating Committee decides to refer your complaint to the Disciplinary Committee for an inquiry, we aim to hold the inquiry within six months of the date of this referral.

There may be reasons outside our control which lead to delays in investigating complaints. For example, a complaint could be the subject of an investigation by An Garda Síochána, and the Investigating Committee may decide to pause its own investigation until the conclusion of the Garda investigation, which may take some time. We will keep you updated while your complaint is being considered.

We cannot:

1. look into complaints about anyone who is not a registered teacher
2. pay you compensation or help you to make a claim for compensation
3. ask the school or the teacher’s employer to look into your complaint
4. ask the teacher’s employer to speak to the teacher
5. make a teacher apologise to you
6. give legal or professional advice or representation to you
7. order a teacher to do something for you
8. resolve any issues that you have with a school or organisation
9. consider your complaint before the school’s disciplinary procedures (established under section 24 of the Education Act, 1998) have been exhausted (or come to an end) unless the Investigating Committee believes that there are good and sufficient reasons.

Yes, we can consider complaints about certain matters that happened outside Ireland on grounds including professional misconduct, poor professional performance and convictions for certain offences.

Yes, we can consider complaints about certain matters that relate to conduct outside the course of the registered teacher's profession on grounds such as convictions for certain offences, and where the conduct is of such a serious nature as would bring the profession into disrepute.

Yes, a complaint against a registered teacher can relate to any school-related professional activity or any activity or role undertaken in their capacity as a registered teacher.

What is an inquiry?

In most cases, an inquiry will take the form of an oral hearing before a panel of the Disciplinary Committee. It is similar to a hearing before a court or tribunal. Witnesses give evidence under oath.

However, the teacher can ask that the inquiry take place by an examination of the relevant documents and written submissions rather than as an oral hearing. In addition, the panel of the Disciplinary Committee can ask the teacher to consent to the inquiry taking place by an examination of the relevant documents and written submissions. The panel of the Disciplinary Committee will decide which approach is suitable. In most cases, an oral hearing will take place, especially where facts are disputed, or are at issue.

If an oral hearing takes place, what is my role?

We may ask you to give evidence, in which case your role is that of a witness. For more information in relation to the role of a witness and what to expect at an oral hearing, please click here for our Information for witnesses booklet.

If an oral hearing takes place, will it be in public or private?

Hearings take place in public unless the teacher, or a witness about whom personal matters may be disclosed, requests the panel to hold the hearing or part of the hearing in private, and the panel is satisfied that it would be appropriate to do so. If a hearing is held in public, the panel may keep the identity of the people involved, including the teacher, confidential.

Who will be present in the hearing room?

The Panel of the Disciplinary Committee – this will include three to five people, who are members of the Disciplinary Committee. One member of the panel will act as Chairperson.

The Legal Assessor – this is a barrister who will sit with the panel and advise them about legal or procedural issues. The Legal Assessor does not decide whether the complaint has been proven. This is a matter for the panel only.

The Director’s legal representatives – these may include solicitors or barristers who will present the case on behalf of the Director.

The Teaching Council staff – these will include relevant staff of the Teaching Council.

The registered teacher – the subject of the complaint.

The teacher’s representatives – these may include legal, union or other representatives who may act and speak on the teacher’s behalf. They will put the teacher’s position to the panel and will question the witnesses about their evidence. A registered teacher may defend his or her own case.

The stenographer – this person records all the evidence given at the hearing.

The public – If the inquiry is held in public, there may be members of the public including journalists present to watch and listen to the proceedings. They usually sit at the back of the hearing room.

If my complaint is referred to the Disciplinary Committee for an inquiry, what could happen to the teacher?

The panel of the Disciplinary Committee which considers your complaint will decide whether the complaint is proven and on which grounds (for example, professional misconduct, poor professional performance, being medically unfit to teach, and so on). Usually, complaints have to be proven beyond a reasonable doubt at inquiry.

If the complaint is proven and a finding is made against the teacher, the panel of the Disciplinary Committee which considers your complaint may decide to:

1. advise, admonish or censure the teacher
2. place conditions on the teacher’s registration
3. suspend the teacher from the Register of Teachers for a specified period of time (up to two years). (This would mean that the teacher would not be able to teach in a position funded by the Department of Education and Skills for the time that he or she is suspended from the Register.)
4. remove the teacher from the Register of Teachers and not allow him or her to apply to be restored to the register for a specified period of time.

(As an unregistered teacher, the teacher would then not be able to teach in a position funded by the Department of Education and Skills).

Where will the oral hearing take place?

Most hearings take place at the Teaching Council offices at Block A, Maynooth Business Campus, Maynooth, Co. Kildare. Occasionally, hearings may be held elsewhere. Before the hearing, we will write to you with the location, date and time that you should attend.

Admonish– to reprimand firmly.

Censure– to express severe disapproval.

Code of Conduct – the Teaching Council’s Code of Professional Conduct for Teachers contains guidance for teachers. On the date of publication of this information, the most recent version of the Code of Conduct is the version that was published in June 2012 and was updated on the commencement of Part 5 of the Teaching Council Acts, 2001-2015.

Complainant – the person who makes a complaint about a registered teacher. This can include members of the public, employers and other teachers. In addition, the Teaching Council can make a complaint about a registered teacher.

Director – the Chief Executive Officer of the Teaching Council.

Disciplinary Committee – the committee in the Teaching Council from which the panel who will hold the inquiry is formed.

Employer – the school Board of Management or the Chief Executive of the relevant Education and Training Board (ETB) that is employing the teacher in question.

Evidence – what a witness says at a hearing, and documents or other records that are examined during the hearing.

Frivolous – of little importance or trivial.

Inquiry– either a hearing similar to a hearing before a court or tribunal, or an examination of relevant documents and written submissions.

Investigating Committee – the committee in the Teaching Council that considers a complaint and decides whether to refer it to the Disciplinary Committee for an inquiry.

Legal Assessor – this is a barrister who will sit with the panel and advise them about legal or procedural issues. The Legal Assessor does not decide whether the complaint has been proven. This is a matter for the panel only.

Panel – the group of three to five people who hold the inquiry and decide whether the case is proven or not.

Poor professional performance - a failure to meet the standards of competence (whether in knowledge, skill, or the application of knowledge and skill, or both) that can be reasonably expected of teachers.

Professional misconduct – disgraceful or dishonourable conduct either in the course of the teacher’s profession, or otherwise than in the course of the teacher’s profession if the conduct is of such a serious nature as would bring the profession of teaching into disrepute.

Sanction– the type of penalty that the Teaching Council can place on a teacher.

Stenographer - the person who records the evidence given at the inquiry.

Vexatious – a complaint made by someone who may not be acting in good faith, without sufficient cause, and made to cause annoyance to the teacher complained about.

Vulnerable person – a person other than a child who:

• is suffering from a disorder of the mind, whether as a result of mental illness or dementia, or
• has an intellectual disability, or
• is suffering from a physical impairment whether as a result of injury, illness or age, or
• has a physical disability which is of such a nature or degree
  • as to restrict the capacity of the person to guard himself or herself against harm by another person, or
  • that results in the person requiring assistance with the activities of daily living including dressing, eating, walking, washing and bathing.