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Teacher Vetting-Probation Act

  • 06-07-2020 6:06pm
    #1
    Registered Users Posts: 7


    I have been teaching 8 years. I went through a patch of depression and was caught shoplifting. Its my only offence. Yes it was stupid but I was in a pretty bad place. Suicidal. I have been getting treatment
    Im likely to get the Probation of offenders Act Section 1(1)
    I did fill in the vetting form before but I cant recall-what do I have to fill in now.
    Once I get this?
    Im working with the authorities.
    I know Garda vetting has changed -there is a filter. I did get legal advice which says its not a conviction and should not come up. But The guy in the ASTI says they all come back in disclosure?
    This is terribly confusing.


Comments

  • Moderators, Category Moderators, Education Moderators Posts: 27,088 CMod ✭✭✭✭spurious


    Has your case come up yet?
    Your solicitor may decide to inform the court of the effect a conviction may or may not have on your employment and the court may keep this in mind when sentencing. They will also take into account anything you have done in the meantime to make sure you will not reoffend.

    If you have not yet spoken to a solicitor, do.

    Even in the worst case scenario of a conviction, while it may need to be disclosed, it does not have to bar you from being employed.


  • Registered Users Posts: 7 Tomtruth1973


    spurious wrote: »
    Has your case come up yet?
    Your solicitor may decide to inform the court of the effect a conviction may or may not have on your employment and the court may keep this in mind when sentencing. They will also take into account anything you have done in the meantime to make sure you will not reoffend.

    If you have not yet spoken to a solicitor, do.

    Even in the worst case scenario of a conviction, while it may need to be disclosed, it does not have to bar you from being employed.

    I'm pretty sure I will be left without a conviction which is section 1 (1) of the probation act. I just need to know what question specifically are you asked on the form?If its do I have a conviction- I should be able to say no.
    I don't expect to be revetted until next year. After the case is completed.


  • Moderators, Category Moderators, Education Moderators Posts: 27,088 CMod ✭✭✭✭spurious


    From what I remember, the question is do you have a conviction, or pending prosecution.

    This might help.
    https://www.teachingcouncil.ie/en/Publications/Garda-Vetting/Guidelines-Fit-and-Proper-Assessment.pdf

    From the above (again, this would be in the event of a conviction):

    1. The Panel and Review Group, in reaching their conclusions as to whether a person is a fit and
    proper person, may have regard to some or all of the following:
    a) The nature of the offence or disciplinary issue;

    b) The seriousness of the offence or disciplinary issue;

    c) The outcome, including any sentence or sanction imposed and the severity of this;

    d) In the case of more than one offence or disciplinary issue, whether there is a pattern of
    recidivism or repeat offending;

    e) The age and circumstances of the applicant at the time of the offence or disciplinary issue;

    f) The time elapsed since the offence or disciplinary issue;

    g) The manner in which the applicant dealt with the proceedings. Where the applicant pleaded
    guilty or made admissions this may be taken into account;

    h) Whether there was a serious breach of trust;

    i) Whether the offence or disciplinary issue(s) concerned by its nature gives rise to specific
    concerns in relation to the applicant’s role as a teacher or in relation to contact with young
    people, children or vulnerable persons generally;

    j) Where the offence or disciplinary issue relates to the conflict in Northern Ireland, the factors
    listed here at a) to m) and in addition, the political situation at the time and whether the
    person was deemed eligible for early release in accordance with the Belfast Agreement may
    be taken into account;

    k) The extent to which the applicant has rehabilitated himself or herself;

    l) The level of insight and reflection shown;

    m) Whether the incident(s) were disclosed to the Teaching Council by the applicant for
    registration or registration renewal.

    2. The above list is not an exhaustive list.

    3. The Panel and Review Group will take particular note of offences or disciplinary issues of a
    sexual, violent, dishonest, or drug related nature.

    4. The Panel and Review Group may also take account of the manner in which the applicant
    responded to and communicated with them.


  • Registered Users Posts: 7 Tomtruth1973


    The Asti guy seemed to imply probation act would be revealed. Confusing. Because in section 1 (1) it's not a conviction


  • Registered Users Posts: 7 Tomtruth1973


    Just an update. I spoke to the Garda vetting bureau and they said it should not be revealed given the new filter in place. In the past everything poured out.
    The Asti can't know everything but I thought they should be more familiar.
    However this being Ireland and dealing with the bureaucracy one never knows..
    But I think we should all be aware new legislation in place.


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  • Moderators, Category Moderators, Education Moderators Posts: 27,088 CMod ✭✭✭✭spurious


    I asked the Teaching Council. They replied:


    When completing your vetting application, you are asked to disclose convictions only.

    If you were not convicted of an offence e.g. the Probation Act was given, you do not need to disclose the offence.


  • Registered Users Posts: 7 Tomtruth1973


    spurious wrote: »
    I asked the Teaching Council. They replied:


    When completing your vetting application, you are asked to disclose convictions only.

    If you were not convicted of an offence e.g. the Probation Act was given, you do not need to disclose the offence.

    Spurious I appreciate your intervention. I'm seeing various councellors.and working with the court system. I really didn't want to get into with the teaching council as well. Sad but true people don't get huge support with mental health in Ireland
    Just to note the probation act has two parts . confusingly the section 1 (2) constitutes a conviction. It's very confusing and unfortunately the guides on various sites are pretty useless for the probation act
    Part 1(1) which I hope to get ain't a conviction..


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