ATL

Deciphering the code

The General Teaching Council for England's code of conduct has been attacked for impinging on teachers' private lives. Report investigates how true that is. Words by Dorothy Lepkowska

The new code of conduct for teachers working in England has had a rocky ride so far. Criticised for potentially intruding into teachers' private lives, the code has been in force since 1 October. The consultation period leading up to publication involved teaching unions - including ATL - and other interested parties submitting responses, which have led to changes in the final draft.

The code, which replaces an earlier version of the document first published and enforced in 2004, comprises eight main principles, most of which are pertinent to the day-to-day role and working practices of registered members of the profession.

According to the General Teaching Council for England (GTCE), it was revised to alter the wording of the 2004 version and to take into account changes in working practices that have come about as a result of the Every Child Matters agenda, as well as the experiences and lessons learned from the 650 or so hearings the GTCE's disciplinary panel has heard in the past 10 years.

Keith Bartley, GTCE's chief executive, says there had always been a requirement to produce a code under the organisation's remit. "It is something that all professionals have to work to, what teachers expect of themselves and, vitally, what the public can expect of teachers," he says. "It is about promoting an understanding and respect for the profession and is important for the relationship with parents and between teachers themselves.

"Teachers were aware that the original code was expressing itself in ways that sounded like 'thou shalt not', which clearly wasn't appropriate. There was a strong indication coming from within the profession that something more positive was required, which sets out reasonable expectations of the profession."

The code of conduct covers teachers' responsibilities in relation to the well-being and development of children, and for maintaining high standards of teaching in the classroom. Teachers are expected to turn out confident and successful young people, the code states, and to demonstrate a respect for diversity and to promote equality.
As professionals, they must also work closely with parents and carers, and cooperate with colleagues and with other professionals in the workplace.

All of that probably seems perfectly fair and reasonable. But it is section 8 that is exercising many within the profession. It states that teachers must "demonstrate honesty and integrity and uphold public trust and confidence in the teaching profession", which some have interpreted as an unwelcome intrusion into teachers' private lives.

Mr Bartley strongly refutes such claims. "There is no substance whatsoever to any claims that we expect teachers to behave in a certain way when not at work," he says. "We need to be very clear about this. Of all the misconduct cases our panels have heard over the last six years, only two have related to lawful, but unacceptable, conduct."

In one case, he says, a male teacher had made a pornographic film with his partner, which he was making publicly available through the internet. He was dismissed by his school, but the panel gave him a reprimand and he is continuing to teach elsewhere.

In the second incident, a teacher of personal, social and health education (PSHE) was found to have been promoting unsafe, gay sexual practices on a website. "This teacher was also dismissed by his school, and reprimanded by the panel after some insight into the situation and admitting, like the teacher in the first case, that he had acted inappropriately," Mr Bartley adds. "Significantly, in both of these cases, the teachers had placed their behaviour into the public domain themselves. Teachers' private lives are their private lives and there is no way the GTCE wants to intrude on that."

To stress the point, the final version of the code states in a later inclusion that "the code sets out expectations of reasonable standards of behaviour, but does not limit a teacher's right to a private life".

Codes of conduct also exist elsewhere in the UK. In Scotland, where a GTC has existed since the mid-1960s and is one of the oldest professional bodies of its kind in the world, the most recently updated code of conduct was published in 2008. In Northern Ireland, the code of values and professional practice, published in 2004, is the equivalent to the English code of conduct. However, a separate document entitled Teaching: the reflective profession, published in 2007, outlines teachers' professional competences.

In Wales, meanwhile, the GTCW is in the process of getting a draft joint code of conduct and practice for teachers that will go out to full consultation early in November.

So when does a teacher's behaviour outside of school become unacceptable within the profession? A teacher who, for example, lived locally to her school and was regularly seen drinking heavily in the local pub in front of parents might be dealt with by the school if someone made a complaint against her.

"If parents were to complain to us about such a situation then we would advise them to take it up with the school, as it would be up to the employers to deal with the teacher as they considered appropriate," Mr Bartley states. "However, if the employer chooses to dismiss that teacher on competence grounds, they are required to report this to us."

GTCE hearings bring some consistency to the way teachers are dealt with in such situations. What may be considered a sackable offence in one school might well be dealt with by a warning in another. The GTCE looks at each individual case and decides whether, professionally, that person can and should continue in the role, even if their dismissal stands and they must move to another school.

"We feel strongly that there should be no unwarranted intrusion into teachers' private lives and stress that the eight points were arrived at following extensive consultation," Mr Bartley says. "We have made a lot of changes to the final version, including a number of points raised by ATL. I have visited a number of schools in recent months where not a single member of staff has raised any concerns about the code."

Alison Ryan, an ATL policy adviser, agrees that some major improvements had been made since the first draft was published earlier this year, but concerns remain. "We felt some of the elements of the original revision of the code were aspirational rather than being part of a code to which people could adhere," she says. "We were particularly worried about the tone in which it was written and how it might be interpreted."

For example, section 2 of the code, which states that teachers must "take responsibility for maintaining the quality of their teaching practice", refers to a requirement by teachers to use assessment techniques and plan appropriate activities to ensure pupils make progress.

"The problem with this is that we currently have a system of testing at key stage 2 that we know is not good for the curriculum and that has a negative effect on teachers and pupils, causing stress in the classroom," Alison says. "So, effectively, we have something in the code that teachers cannot fulfil." She was also concerned about a "watering down" of section 4, which requires teachers to "demonstrate respect for diversity and to promote equality".

"During the consultation process, there was concern by some religious groups that the original wording might require them to promote something they did not agree with. As a result, we now have a diluted version, where teachers are expected to 'address unlawful discrimination, stereotyping and bullying', rather than 'proactively challenge' these, as the original document stated.

"The document is littered with words such as 'appropriately', but what does this mean? And what is 'appropriate' in any given situation?"

Alison also has concerns about the implementation of section 8 and how this may impact on teachers' private lives.
"The first draft stated that teachers should act as 'role models', so we welcome the fact that this has been removed. However, we would be happier if this section made greater reference to teachers' professional honesty and integrity in relation to their pupils, rather than to their lives generally, which leaves the code open to interpretation.

"Upholding public trust is a subjective statement. Which group of the public is it whose trust we need to uphold? The fact that people make certain lifestyle choices does not, and should not, impede their practice as a teacher. "So we still have some problems with this and we will be watching closely to see how it is applied.

"If a teacher is acting illegally then you would expect the law to deal with that as it would any other citizen. What we really want to see is a code of practice and conduct that concentrates on the professional relationship with pupils and their practice," she concludes. "Otherwise you begin straying into difficult ground."

Philip Lott, one of ATL's solicitors, agrees. "It must be viewed as guidance for teachers rather than a weapon for employers," he says. "We will be making it clear when we feel it is not being used as it should."

Gillian Stainthorpe, one of the GTCE's ATL members, was present during meetings convened to discuss the code of conduct, and says two thirds of the Council's members voted to approve the revised version. "Nobody was against the code per se but there were concerns about aspects of it," she says. "I think there is some scaremongering going on, and a view being put out that the GTCE is deliberately looking for teacher misbehaviour. This is not the intention and it never has been.

"The majority of people know instinctively that they have standards to uphold, and expect to have to do so. Teachers generally have very high expectations of themselves and the code merely reflects that."

The eight principles laid out in the code of conduct

1. Put the well-being, development and progress of children and young people first.

2. Take responsibility for maintaining the quality of their teaching practice.

3. Help children and young people to become confident and successful learners.

4. Demonstrate respect for diversity and promote equality.

5. Strive to establish productive partnerships with parents and carers.

6. Work as part of a whole-school team.

7. Cooperate with other professional colleagues.

8. Demonstrate honesty and integrity and uphold public trust and confidence in the teaching profession.