The Education Workforce Council (Main Functions) (Wales) Regulations 2015

Proceedings of Investigating Committees

28.—(1) Where an Investigating Committee decides to carry out an investigation in relation to a registered person, it must at such stage in the investigation as they consider appropriate—

(a) inform the registered person of the nature of the allegation or case against them, and their rights under regulation 30;

(b) afford the registered person an opportunity to submit evidence and make written representations; and

(c) consider such evidence and representations and any other evidence and material available to it.

(2) An Investigating Committee may decide to discontinue an investigation at any time before a case is referred for determination by a Fitness to Practice Committee.

(3) When its investigation is complete the Investigating Committee must take one of the following steps—

(a) refer the case for determination by a Fitness to Practice Committee; or

(b) discontinue the case.

(4) Where an Investigating Committee decides to discontinue an investigation or a case it must inform the registered person concerned and their employer that—

(a) the investigation has been discontinued; and

(b) the registered person concerned had no case to answer.

(5) Where an Investigating Committee decides that a registered person has no case to answer, it must at that person’s request publish a statement to that effect.

(6) The Council may make such other provision as to the procedure to be followed by an Investigating Committee in connection with the Investigating Committees’ investigations and other proceedings as it sees fit, and may from time to time revise any rules of procedure made under this paragraph.