Decision to strike off teacher is upheld

A teacher who has been struck off on two occasions for incompetence has lost her latest attempt to win her job back.

Janet Garner, 62, told judges at Edinburgh’s Court of Session that the General Teaching Council for Scotland (GTCS) acted illegally when it banned her from the profession.

In a judgment issued at the Court of Session yesterday, judge Lady Paton ruled the GTCS acted correctly when dealing with Mrs Garner.

Mrs Garner, who taught at Alva and Alloa academies, was struck off in 2011.

The organisation had heard how Garner had bungled sums and failed to control unruly classes. An entire top set maths class had also failed their test under her guidance.

The ruling was initially overturned after a court found the GTCS had not properly considered the allegations made against her.

A new panel then looked at the case and decided to strike her off.

Figures released under Freedom of Information legislation showed the case cost the GTCS nearly £175,000.

Mrs Garner returned to the Court of Session to argue that the second panel had acted illegally when considering her case and that it did not follow the correct procedures.

She also argued that the panel were biased against her.

In her judgment, Lady Paton, sitting with Lord Brodie and Lady Clark, said there was enough evidence to prove the second panel had acted legally.

She wrote: “We have carefully considered the circumstances of the hearing in this case.

“We have found nothing to suggest that the panel demonstrated actual or apparent bias.”

The Court of Session backed the GTCS decision to ban Janet Garner from teaching.