ePolitix.com Stakeholders comment on the Commons children, schools and families committee's report on allegations against school staff.
The principle of 'innocent until proven guilty' is at risk unless urgent changes are made to the way schools, local authorities and the Government deal with allegations against school staff, the report said.
Headteachers are still too quick to suspend staff when an allegation has been made and there is too much pressure on headteachers to refer cases unnecessarily to local authorities.
The report concludes that:
- Investigations must be truly independent and objective.
- Powers of arrest should be used sensitively and judiciously.
- Better data and more systematic reviews of complaints must be compiled by DCSF to determine the cost of allegations and justification of any sanctions.
- Arguments for and against a statutory right of anonymity for those accused should be re-examined.
- Evidence-based decisions to delete unfounded allegations from personnel records should be taken by the Independent Safeguarding Authority.
- Terminology used in records of allegations must not unfairly indicate a suspicion of guilt.
- The Independent Safeguarding Authority should assess all proposed disclosures of 'soft' non-conviction information.
Stakeholder response: NASUWT
A spokesman for NASUWT said: "The NASUWT has been collecting data and raising awareness of the issues surrounding allegations against teachers for 18 years. The evidence collected demonstrates that the number of allegations has increased and that the vast majority turn out to be false or malicious.
"Clearly there is no place for those who abuse children and young people in schools or other children's service and allegations made must be taken seriously and properly investigated.
"However, those accused are entitled to be treated fairly and unfortunately the current prevailing climate is that those accused suffer a reversal of natural justice in that they are considered to be guilty until they prove themselves innocent.
"In the last ten years, as a result of the NASUWT's persistent campaigning, moves have been made by the government to improve the procedures surrounding the investigation of allegations against teachers and others who work with children and young people but more needs to be done.
"The abuse of technology as a vehicle for making allegations against staff is a relatively new and rapidly escalating problem and despite extensive guidance from the Department for Children, Schools and Families (DCSF) it is still not taken seriously by employers and managers. The pupils who do this are afforded anonymity. The teachers are named and exposed to ridicule. Their self-esteem and sometimes their health is seriously affected. Publicly available, derogatory remarks about a teacher's practice can damage career progression as prospective employers trawl websites.
"The inconsistency in the recording and disclosures of non-conviction and internal disciplinary information, so called ‘soft information', is a most serious problem. Urgent action is needed to enforce across all police authorities consistent and fair recording and reporting of information and clear government guidance is needed on what weight employers should attach to ‘soft information' on CRB Enhanced Disclosures, given that this often relates to allegations that have been unproven, found to be false or are completely irrelevant to the role of a teacher.
"The children, schools and families select committee report on allegations against school staff graphically describes the existing problems and makes some important recommendations on further action which needs to be taken to seek to prevent false allegations from blighting the lives and careers of those who are dedicated and committed to working with children and young people."
Stakeholder response: Voice
David Brierley, solicitor for Voice, said: "Voice welcomed the children, schools and families committee's report on allegations against school staff, although with a number of reservations.
"We are pleased that the committee highlighted how teachers' careers can be blighted by false allegations. Children must be protected, but the teachers and support staff who work with them are entitled to protection too. We know from our member casework that the lives and careers of innocent people have been ruined by false allegations of abuse, even after they have been acquitted of any offence.
"Publishing someone's name in a newspaper when they have been accused of something but not charged is trial by media. A small paragraph on an inside page weeks later reporting that the charges have been dropped is not acceptable. Mud sticks.
"Being falsely accused and suspended can cause severe personal distress and long-term damage to the accused's career. A large number of our members have left the profession and suffered damage to their health as a result.
"That is why we believe that the report's call to re-examine the 'arguments for and against a statutory right of anonymity for those accused' does not go far enough. The time for 'examining arguments again' has passed. It is time for teachers and support staff to be given some basic rights and safeguards. Among these should be the right to anonymity unless and until charged with a criminal offence. We had hoped that this would have been recommended in the report. This union has been calling for the necessary legislation to be introduced as soon as possible.
"We are also disappointed that the committee did not have time to examine the use of social networking sites to make allegations. This is a regrettable omission given the widespread use and popularity of these sites.
"However, the report's recommendations on deleting unfounded allegations from personnel records and assessing proposed disclosures of 'soft', or non-conviction, information are welcome.
"It is our experience that staff perceive child protection procedures as weighted against the accused individual. For example, if a false allegation is made against an individual and it is shown that there is no evidence to substantiate the allegation, there is concern that the allegation stays on the individual's record with the potential to impact on their careers. It is totally unfair to reject applications for posts simply on the basis of unproven and possibly unfounded ‘soft' information."
Voice also welcomed the report's recognition that:
- Head teachers can be too quick to suspend staff.
- Head teachers need more discretion in handling allegations of misconduct.
- There is a need for clearer guidance for head teachers.
- Barring suspended staff from contact with colleagues is "inhumane and unjust".
- Governors need more training for disciplinary hearings.
Voice's evidence to the inquiry: www.voicetheunion.org.uk/allegations#evidence
