Fitness to Practise Cases

In a fitness to practise case, a Panel of the Fitness to Practise Committee decides whether a Registered Early Childhood Educator (RECE) is incapacitated. Being “incapacitated” means an RECE’s physical or mental health makes it unsafe for them to practise the profession. A Panel is a group of three people that includes RECEs and members of the public.

Fitness to Practise hearings

At a hearing, the Prosecutor (the lawyer representing the College of Early Childhood Educators) tries to show that the RECE is incapacitated. They do this with evidence: witnesses who testify, documents, or other things like photos or videos. The RECE will have a chance to respond. If they choose to do this, the RECE can ask questions about the Prosecutor’s evidence or use different evidence to try to show that they are not incapacitated.

The evidence in fitness to practise hearings focuses on the RECE’s health status at the time of the hearing and how their health affects their ability to practise the profession. The evidence usually includes health records.

If the Panel decides that the RECE is incapacitated, it will make an order to protect children. Orders in fitness to practise hearings are usually designed to help the RECE safely return to practise while supporting their recovery.

    Support for RECEs

    RECEs have the right to bring their own representative. This can be a lawyer, a paralegal, or another person.

    RECEs can also have a support person with them.

    Confidentiality

    Because they involve an RECE’s personal health information, fitness to practise proceedings are confidential and closed to the public. Fitness to practise decisions are not summarized in Connexions or published.

    Information about a fitness to practise order will be posted on the College of Early Childhood Educators’ public register. Details that would make RECE’s health information public are removed to keep that information confidential.

      Fitness to practise hearings are rare

      The Fitness to Practise Committee holds very few hearings. This is because most RECEs experiencing significant health challenges work with staff from the College of Early Childhood Educators and agree on what to do until their health improves to make sure no children are at risk of harm.