Obtaining a warrant in Malta

Jason Gauci writes:

I submitted an application to the Education Department making a formal request for a permanent teacher's warrant.

I finished the post graduate diploma in professional studies in education which I followed at Kingston University, in the UK. In addition I got a certificate from Hornsby Institute where I could practise my profession as a dyslexia tutor. I also got a certificate from the British Dyslexia Association where, I quote, "the prestige of the AMBDA recognition from the BDA is also reinforcement to the public that you have achieved a high standard of training and are a skilled specialist teacher".

Yet, to my surprise, I was not granted the permanent warrant in Malta on the grounds of the Education Act which states that a person shall qualify for a permanent warrant if he has, inter alia, graduated as a bachelor of education or obtained a doctor's or master's degree from the university or completed a course of study in Malta or in a university or recognised institute outside Malta, being a course which, in the opinion of the minister, is equivalent.

I would like to ask whether, if I am a qualified teacher in the UK, an EU state, would such qualification also apply to Malta, another EU member?

The main issue here is whether the qualification obtained in the UK is sufficient to enable the reader to work as a teacher in Malta.

EU law allows a person who obtains a qualification in one EU country to work in another. But we have to be clear on what kind of recognition is sought and what we mean by a "professional" qualification for the purposes of recognition.

First of all, we are here talking about recognition for the purposes of finding a job. EU law only regulates the right to recognition for the purposes of looking for work.

It does not, therefore, enter into the merits of recognition of qualifications for other purposes, such as for applying to study in a university abroad. It is left up to educational authorities at national level to sort out the equivalence between academic qualifications.

In this case, the reader enquires about recognition for the purposes of finding a job - so this first obstacle is overcome and the situation appears to fall within the remit of EU law.

Secondly, we must be clear about what is meant by "professional" qualification for the purposes of recognition.

We are here referring to the "complete" set of qualifications that actually permits you to work in the country where you obtained it. This normally includes both an academic qualification as well as an additional qualification, typically a warrant, that certifies that the country in question allows you to practise that job.

In most cases, teacher training comprises a university degree as well as a postgraduate qualification in education. This means that professional recognition - and, therefore, your right to work as a teacher - is only possible if you have obtained both the initial university degree as well as the postgraduate qualification in education.

Having established the above ground rules, let us now apply them to the case in point.

In this particular case, much depends on whether the qualification obtained from the UK truly allows you to practise as a dyslexia tutor in the UK. In other words, whether your qualifications from Kingston University, Honsby Institute and from the British Dyslexia Association are considered, in the UK, as sufficient, on their own, to enable you to work in the UK in that job. Or whether you also need some additional requirement, such as a warrant, to be able to work in the UK.

If your UK qualifications are "complete" for the purposes of working in the UK, then you are entitled to seek recognition in Malta and this must be granted. At worse, this may be made subject to some additional requirements if your qualifications are found to be seriously different from requirements in Malta. But recognition must be granted.

It is usually much simpler in cases where there is a warrant or similar certificate confirming your entitlement to practise in the country where you obtained your qualifications.

If no warrant is required in the UK for you to practise there, you are still entitled to seek recognition in Malta. However, the Maltese authorities may check the equivalence of your qualifications and, again, subject you to certain additional requirements, such as an aptitude test or some additional course.

Yet, as long as you are fully qualified to work in the UK, irrespective of whether this requires a warrant or not, you are entitled to recognition in Malta. And this can not be refused.

If, on the other hand, you do not have the "complete" qualifications that would have allowed you to work as a tutor in the UK, such as a warrant or similar state certificate, then you are not entitled to recognition in Malta.

At this point, it would be left entirely in the hands of the Maltese national authorities to determine whether your qualifications are sufficiently equivalent to similar Maltese qualifications to entitle you to apply for a warrant to work in Malta.

Readers who would like to raise issues or ask Dr Busuttil a question are invited to send an e-mail to contact@simonbusuttil.com making referece to this column.