Teachers with criminal records: FOI release

Information requested

1. Please provide figures showing how many teachers in each of the last three years that Disclosure Scotland has been informed have been convicted of offences. Please break the figures down to show the nature of offences involved?

2. The number of teachers in Scotland that currently have criminal records, please provide a brief description of what they have been convicted of in the past, i.e. assault, driving offences, theft etc?

3. The number of teachers in Scotland who hold a PVG and have a criminal conviction. Please provide a breakdown of the number of teachers and their convictions, i.e. driving offences, theft etc?

Disclosure Scotland do not hold data on who is and who isn’t an active school teacher in Scotland. We therefore requested clarification from you 12 December 2023 where we explained what data we hold and sought agreement on the definition of ‘teacher’ as well as suggesting a methodology for completing our searches. You replied that same day, agreeing with our suggested approach.

As a result of our agreed definition of ‘teacher’, the figures provided in this response should not be used to refer to school teachers, as it would be inaccurate to do so.

Response

Disclosure Scotland is responsible for managing the Protecting Vulnerable Group (PVG) scheme on behalf of Scottish Ministers. To be in the PVG scheme, an individual must be doing regulated work with children or with adults (or both), as defined in schedules two and three of the Protection of Vulnerable Groups (Scotland) Act 2007. Regulated work covers a wide spectrum of roles and includes teaching, instructing, training or supervising children.

The data below relates to the number of individual convictions that are attributable to PVG scheme members who meet the agreed definition of ‘teacher’ and does not indicate the number of ‘teachers’
who have offended. This is because more than one conviction may be attributable to the same scheme member.

We must also emphasise that the response data has been prepared on the basis of information provided at the point an individual applied to join the PVG scheme to undertake a teaching role. It does not therefore correspond with the number of active PVG scheme members with a link to teaching. It does not include information about the number of individuals who have subsequently been barred from doing regulated work with children and/or protected adults as a consequence of their conviction(s).

In this context, it may be helpful to explain that Disclosure Scotland keeps a list of people who are unsuitable to do regulated work with children and a list of people unsuitable to work with protected adults. When a person who is applying to join the PVG scheme has a previous conviction(s) Disclosure Scotland will assess whether the conviction(s) indicates that they may be unsuitable to do regulated work with children and/or protected adults. If so, Disclosure Scotland will consider whether the person should be included in the children’s list and/or the adults’ list and barred from doing regulated work with these groups.

Even after a person has joined the PVG scheme, they are subject to continuous monitoring. This means that if they are convicted of a new offence, or the police provide Disclosure Scotland with information that is relevant to their membership of the scheme, Disclosure Scotland will proactively place the scheme member under consideration for listing if the new information is such that Disclosure Scotland considers that it may be appropriate to list the person in either the children’s or adults’ list (or both). Disclosure Scotland will advise all organisations for whom the person is doing regulated work, and any professional regulator if relevant, that it is considering whether the person should be barred.

Having a conviction does not mean that an individual will always be barred from doing regulated work. Barring decisions are based on an assessment of the individual’s suitability to do regulated work with children and/or protected adults. During consideration for listing, Disclosure Scotland will use statutory powers available to it, under the Protection of Vulnerable Groups (Scotland) Act 2007, to gather all relevant information (including representations from the person), analyse that information and decide whether the information suggests that the person is unsuitable to do regulated work with children, or protected adults, or both. Disclosure Scotland will consider factors including (but are not limited to) the nature and seriousness of the conviction, the circumstances giving rise to it, the time that has elapsed since the behaviour giving rise to the conviction, the age of the individual at the time when the behaviour giving rise to the conviction occurred and any previous or subsequent offences committed by the individual. If the person is considered to be unsuitable, their name will be added to one or both of the barred lists. If a person’s name is included in a barred list then they can no longer remain a scheme member for that type of regulated work.

There are a small number of offences that result in the convicted person being automatically barred from undertaking regulated work by Disclosure Scotland. This applies to any person regardless of whether they are a scheme member. The offences are set out in legislation.

A scheme member convicted of an offence specified in the order cannot remain in the PVG scheme. Automatic listing means that Disclosure Scotland will terminate their scheme membership and advise all organisations for whom the person was doing regulated work that the person must be removed from that regulated work.

It is an offence for a person to do regulated work if they are barred. It is an offence for an organisation to continue to employ a person in regulated work once advised by Disclosure Scotland that the person has been barred.

It is also worth highlighting the General Teaching Council for Scotland’s (GTCS) Fitness to Teach process. Fitness to Teach - The General Teaching Council for Scotland (gtcs.org.uk) GTCS is the independent registration and regulation body for teachers in Scotland. Their Fitness to Teach process exists to maintain trust in teachers and teaching. It is about ensuring that teachers and college lecturers have the skills, knowledge and character to teach learners safely and effectively.

Through this process, GTCS investigate serious concerns about teachers and college lecturers on their register and individuals applying to be on the register. These can relate to a wide range of behaviours and concerns about conduct and do not all relate to criminal convictions.

The GTCS Annual Report for 2022-23 provides the latest published information and statistics on the Fitness to Teach process. This highlights that in 2022-23 GTCS received 196 Fitness to Teach notifications. This equates to notifications in respect of 0.3% of the total number of GTCS registrants. Of these notifications 67 were notified from ‘other sources’ including Disclosure Scotland and self-referrals.

Information and data on the Fitness to Teach process in previous years are also contained in GTCS Annual Reports and Financial Statements. In 2021-22, 230 Fitness to Teach notifications were received, of which 125 were from other sources, including: Disclosure Scotland and self-referrals. In 2020-21, 161 notifications were received of which 65 were from other sources, including: Disclosure Scotland and self-referrals.

1. Please provide figures showing how many teachers in each of the last three years that Disclosure Scotland has been informed have been convicted of offences. Please break the figures down to show the nature of offences involved.

The information you have requested is contained in Table 1. As explained above, the data includes all PVG scheme members whose PVG application form included the word ‘teacher’ and as such relates to any type of teaching role. It should not be used to refer to school teachers as it would be inaccurate to do so.

Each of the categories of offences contains a broad spectrum of behaviours including minor offending and more serious offending. For example, convictions for offences relating to violence could range from minor assault to assault to severe injury. As stated above, there is a consideration process followed by Disclosure Scotland and more information can be found on our webpage.

The data includes all convictions identified when we received a PVG application and any convictions we identified through the continuous monitoring of those scheme members. Please note that more than one conviction may be attributable to the same scheme member.

Table 1

Nature of Offence	Numbers of PVG scheme members whose position included ‘teacher’ in PVG application form convicted during 2021	Numbers of PVG scheme members whose position included ‘teacher’ in PVG application form convicted during 2022	Numbers of PVG scheme members whose position included ‘teacher’ in PVG application form convicted during 2023	Total number of PVG scheme members whose position included ‘teacher’ in PVG application form convicted in last three years
Road Traffic Act Offences	105	160	140	405
Behavioural offences (threats, abuse, harassment)	35	40	40	115
Offences relating to violence	20	25	30	75
Drug Offences	15	15	15	45
Offences relating to dishonesty	10	15	15	40
Offences relating to administration of Justice	5	15	10	30
Byelaw or Regulatory Offences	15	5	5	25
Sexual Offences	5	5	10	20
Offences relating to private property	5	5	0	10

 

 

 

 

 

 

 

 

 

 

 

 

 

Note 1: Figures rounded to the nearest five.
Note 2: Disclosure Scotland cannot confirm whether those that meet the agreed definition of ‘teachers’ have ever been employed in a teaching role.

2. The number of teachers in Scotland that currently have criminal records, please provide a brief description of what they have been convicted of in the past, i.e. assault, driving offences, theft etc.

Disclosure Scotland cannot provide the information you have asked for because we do not hold criminal record information and only access police databases for statutory disclosure purposes. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not hold the
information relevant to this question.

3. The number of teachers in Scotland who hold a PVG and have a criminal conviction. Please provide a breakdown of the number of teachers and their convictions, i.e. driving offences, theft etc.

The information you requested is contained in Table 2. As explained above, the data includes all PVG scheme members since the PVG scheme was introduced in 2011, whose PVG application form included the word ‘teacher’ and as such relates to any type of teaching role. It should not be used to
refer to school teachers as it would be inaccurate to do so.

Each of the categories of offences contains historical conviction information and may cover a broad spectrum of behaviours including minor offending and more serious offending. For example, convictions for offences relating to violence could range from minor assault to assault to severe injury.
As stated above, there is a consideration process followed by Disclosure Scotland and more information can be found on our webpage.

The data includes all convictions identified when we received a PVG application and any convictions we identified through the continuous monitoring of those scheme members. Please note that more than one conviction may be attributable to the same scheme member.

Table 2

Nature of Offence	Total number of PVG scheme members since 2011 whose position included ‘teacher’ in PVG application form that have a criminal conviction by nature of offence
Road Traffic Act Offences	5010
Behavioural offences (threats, abuse, harassment)	585
Offences relating to violence	430
Offences relating to dishonesty	260
Drug Offences	200
Offences relating to administration of Justice	180
Byelaw or Regulatory offences	140
Offences relating to private property	90
Sexual offences	25
Total	6655

Note 3: Figures rounded to the nearest five.
Note 4: Disclosure Scotland cannot confirm whether those that meet the agreed definition of ‘teachers’
have ever been employed in a teaching role.
Note 5: This data was compiled on the basis of individuals who applied to join the PVG scheme whose application included the word ‘teacher’. It does not include information about the number of individuals who have subsequently been barred from doing regulated work with children and/or protected adults as a consequence of their conviction(s).

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