Memorandum submitted by the National Union
of Teachers (NUT)
— There has not been a great increase
in the number of allegations against school staff which result
in police action, and a relatively small number of such allegations
result in a conviction.
— The harm caused by a false allegation
can be immense, both to a teacher's career and general well-being.
The impact must therefore be limited as much as possible so that
those who are the subject of a false allegation do not suffer
disproportionate harm.
— Further steps must be taken to ensure
that the recording and retention of unproven and false allegations
do not harm a teacher's future career.
THE SCALE
AND NATURE
OF ALLEGATIONS
OF IMPROPER
CONDUCT MADE
AGAINST SCHOOL
STAFF
1. Over recent years, the number of NUT
members subject to an allegation of criminal misconduct has remained
relatively steady at approximately 200 cases per annum. Of these
about 5% result in a conviction or finding of misconduct.
2. Statistics are not held by the NUT on
allegations of improper conduct made against NUT members which
do not lead to police involvement.
3. Very few allegations of sexual assault
are made against NUT members. In the main, allegations of improper
conduct involve an alleged assault relating to pupil discipline.
WHETHER STAFF
SUBJECT TO
ALLEGATIONS SHOULD
REMAIN ANONYMOUS
WHILE THE
CASE IS
INVESTIGATED
4. The NUT subscribes to the view that every
effort should be made to maintain confidentiality and guard against
unwanted publicity while an allegation is being investigated or
considered.
5. It is already the case that identity
will remain undisclosed until charge. The Union supports a change
to maintain anonymity until conviction. The harm caused to teachers
by a false allegation is so great that the impact must be limited
to those who have been found guilty of misconduct.
WHETHER THE
GUIDANCE AVAILABLE
TO HEAD
TEACHERS, SCHOOL
GOVERNORS, POLICE
AND OTHERS
ON HOW
TO HANDLE
CLAIMS OF
IMPROPER CONDUCT
BY SCHOOL
STAFF SHOULD
BE REVISED,
WITH PARTICULAR
REFERENCE TO:
The procedures followed by disciplinary panels
6. In cases where the police have investigated
an allegation, there is a risk that a subsequent disciplinary
panel may be inappropriately influenced by evidence arising from
the police inquiry. The remit of a disciplinary panel has different
criteria and evidence requirements from a police inquiry, and
it is essential that evidence from one does not contaminate the
other.
7. Disciplinary procedures are a particular
problem for agency supply teachers. Whilst schools will share
allegations that have been made against supply teachers with the
agency, neither the agency nor the school will institute disciplinary
procedures, so that such teachers often have no chance to properly
clear their name even if the allegation was entirely unfounded.
When suspension of the staff member concerned
is appropriate
8. The guidance on suspension is clear but
employers frequently fail to adhere to it. The criteria for considering
suspension are overlooked and too often teachers are suspended
automatically, in contravention of the guidance.
9. The NEOST/Union guidance entitled Staff
Facing an Allegation of Abuse—Guidelines on Practice and
Procedure, published in 2002, provides comprehensive advice
on suspension procedures and, in our view, should be incorporated
into Government guidance.
10. Because of the overly-cautious approach
of employers, the inappropriate use of suspension when allegations
are trivial and there is no cause to suspect a child is at risk
of significant harm is a recurring theme in NUT casework. The
harm caused to teachers suspended inappropriately should not be
underestimated.
11. Very rarely are teachers called to suspension
interviews, that is, interviews with the head teacher, with their
representative present, to consider whether suspension is appropriate.
Whilst the NUT is aware of some head teachers occasionally offering
teachers the option of "working at home" as an alternative
to suspension, more often than not, the teacher is simply informed
that they are suspended with immediate effect.
12. The NUT is aware of head teachers being
put under considerable pressure from social services to suspend.
One Local Authority has even threatened to remove the governing
body should it not comply with the Authority's wishes in this
regard.
13. A further reason for head teachers suspending
teachers almost automatically is that there is a misconception
by some that if they do not suspend at the outset, they may be
restricted later on if they decide to dismiss the teacher on the
grounds of misconduct.
14. In terms of support for teachers whilst
suspension is continuing, it is the NUT's experience that almost
none is offered. Welfare counselling and support from the Local
Authority's medical officer is generally not even discussed.
15. Some letters of suspension will state
that the teacher is forbidden from contacting colleagues at the
school whilst the suspension/investigation is continuing. This
practice is not only unfair and contributes to the teacher's feelings
of isolation, but also leads to a number of perverse situations.
An example is that of a teacher who had been forbidden from contacting
work colleagues, despite the fact that the teacher in question
was married to a fellow teacher at the school. Best practice on
this issue has not been widely developed.
16. The fact that contact with work colleagues
is often forbidden indicates that there is a fundamental lack
of understanding by head teachers and Local Authority staff as
to the devastating and isolating effects of suspension upon the
teacher and his/her family.
17. Whilst suspension letters do sometimes
mention a named contact at the Local Authority and at the school,
the teacher usually receives no contact from either. The school
bulletin, adverts for internal posts, even the teacher's pay slips
are often not being sent to the teacher whilst s/he is suspended.
Unions are largely fulfilling the role of the employer in supporting
the teacher whilst suspension is continuing.
18. Often it is the case that teachers who
have been made the subject of an unfounded allegation, and who
were suspended throughout the investigation for a number of months,
leave the profession. Teachers often tell us that their decision
to leave is taken as a result of the isolation and lack of support
experienced during their suspension, as well as the difficulty
of returning to their career as a result of recording procedures.
19. When suspensions are lifted, as a result
of the allegation being found to be false/unfounded, welfare counselling
is rarely offered to the teacher, phased returns are unusual and
return to work interviews are rarely conducted.
20. In order to ensure that suspension issues
are properly handled and to encourage retention of key members
of staff who have had unfounded allegations made against them,
the NUT believes the following should be enforced:
— suspension interviews should be arranged
with the teacher represented;
— the teacher/representative of the
teacher must be able to make representations;
— the teacher must be given a named
contact at the Local Authority and school who should take active
steps to contact the teacher, update him/her on any key developments
etc. The teacher should be encouraged to have social contact with
colleagues whilst suspension is continuing, providing that doing
so does not interfere with any police investigation; and
— welfare counselling/help from the
Local Authority's medical officer must be offered to the teacher;
Phased returns should be considered in order
to help the teacher adjust to school life after a suspension is
lifted.
When arrest of the staff member concerned is appropriate
21. Although the numbers affected are small,
there is evidence from solicitors that police routinely arrest
teachers inappropriately, with grave consequences for the individuals
concerned. Again, this appears to result from the misinterpretation
of, or failure to follow, the relevant guidance.
The retention of records of allegations found
to be false
22. The NUT is strongly of the view that
records of trivial and unfounded allegations should not be kept
on a teacher's personnel file and should not be passed on to future
employers.
23. The DCSF guidelines currently state
that a record of any allegations relating to the safety and welfare
of children made against a staff member should be kept in their
personnel file. The NUT believes that the guidance should be amended
to ensure that only allegations with substance are recorded and
retained on file, and that false and malicious allegations should
not be disclosed in references.
24. Where there has been a criminal investigation,
there is a real danger of misleading records being disclosed to
prospective employers. The NUT deals with a significant amount
of casework on this. We are of the view that guidance such as
the Home Office Circular 5/2005 should be more robustly applied.
This is in order that information passed to the CRB by local police
forces for disclosure purposes, as required under Section 115(7)
of the Police Act 1997, cannot be misconstrued.
25. Teachers and other staff working with
children are particularly vulnerable to false allegations. In
some cases the process of investigation will find that the allegation
is manifestly false and the teacher may be able to resume their
teaching career without excessive difficulty. However, in others,
there may be a less clear resolution so that the teacher never
feels entirely "cleared". Such cases commonly result
in the ending of a teacher's career. In these situations, the
way in which information is recorded is of utmost importance as
the inclusion of any recorded information is likely to raise a
suggestion that there was substance in the allegation.
26. The NUT accepts that non-conviction
and other material may in some circumstances be made available
to those deciding on suitability for teaching posts but believes
that such material must be relevant, credible, clear and capable
of substantiation. The NUT also believes that a decision as to
disclosure should be taken by a chief police officer on the individual
circumstances of the case. The way in which material is presented
must be meaningful and done in such a way as to minimise misunderstanding.
May 2009
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