Published: 13 November 2023
A Fitness to Practise Committee of the Education Workforce Council, sitting remotely on 22 – 26 May and 23 – 27 October 2023, has found an allegation of ‘unacceptable professional conduct’ proven against school teacher, Linda FRAME.
The Fitness to Practise Committee found the following allegations proven, that whilst employed as a Headteacher at Llangiwg Primary School:
- In relation to the Red Dragon Child Care wrap-around nursery provision (“the wraparound provision”), she did not ensure that:
- the provision was registered with the then-Care and Social Services Inspectorate Wales (CSSIW); and
- the provision complied with the National Minimum Standards for Regulated Childcare.
- In relation to the financial management of the wraparound provision, she did not ensure that:
- accurate accounts were kept of income and outgoings; and
- cash received from parents was banked appropriately or at all, and recorded in the School’s budget.
- In relation to payment of staff at the wraparound provision, she allowed staff to be paid “cash in hand” without taking into account tax and national insurance.
- Ms Frame did not ensure that the Special Educational Needs (SEN) practice in the school was compliant with the Special Educational Needs Code of Practice for Wales (2002), in that she did not:
- keep sufficient records of SEN documentation; and
- ensure that learners’ IEPs were updated;
- Ms Frame did not ensure that learners with Special Educational Needs were put forward for assessment and/or support in a timely manner, including:
- Learner A; and
- Learner C; and
- Learner M; and
- Learner L; and
- Learner D; and
- Learner G; and
- Learner F; and
- Learner E.
The Fitness to Practise committee found Ms Frame’s conduct at paragraphs 2(a), 2(c) and 3 lacked integrity.
The Fitness to Practise Committee imposed a Conditional Registration Order upon Ms Frame’s registration as a school teacher with effect from 27 October 2023.
Addendum to decision of Fitness to Practise Committee
On 6 December 2023, Mrs Frame (the Appellant) filed and served an appeal on the EWC (the Respondent) under s.32 of the Education (Wales) Act 2014 against the decision of the Fitness to Practise Committee (FtPC) formally handed down on 8 November 2023.
On 15 March 2024 the Appellant and Respondent sought a consent order to dispose of the appeal in accordance with Paragraph 6.4 of CPR PD 52A on the basis that there are good and sufficient reasons for doing so. The terms of the limited consent order that were agreed between the parties was:
“The Respondent’s Notification of Decision dated 8 November 2023, to apply a Conditional Registration Order, is hereby varied in that the Conditional Registration Order is set aside and, in its place, the Respondent hereby imposes a Reprimand for a period of 2 years (from 8 November 2023 until 7 November 2025.”
The EWC has agreed to dispose of the appeal by consent, on the terms set out above, for the following four reasons:
- The FtPC did not explain their reasoning for imposing a Conditional Registration Order (CRO), or the conditions which made up the CRO, or how the imposition of a CRO met the public interest;
- The conditions imposed relate solely to the Special Educational Needs/Additional Learning Needs aspects of the facts found proven, and not to the other aspects of the allegation found proven by the FtPC;
- The Appellant had made it clear that it would not be possible for her to comply with conditions of practice because she had been retired since September 2017.
- Reprimand is within the range of appropriate sanctions to meet the public interest and in the interests of avoiding protracted litigation.
For the avoidance of doubt, the Consent Order disposes of the appeal, and the Appellant agrees not to pursue the other grounds set out in the Appellant’s grounds of appeal. All other findings of the FtPC set out in their decision handed down on 8 November 2023, save for that relating to the ‘Disciplinary Order’ are unaffected by the appeal and the consent order entered into by the parties.