Memorandum submitted by the Association
of School and College Leaders
1. The Association of School and College
Leaders (ASCL) represents nearly 15,000 members of the leadership
teams of maintained and independent schools and colleges throughout
the UK. This places the association in a unique position to see
this initiative from the viewpoint of the leaders of both secondary
schools and colleges.
2. ASCL welcomes the Committee's inquiry
into allegations against school staff, which the association has
for some time felt to be being handled in an unsatisfactory manner.
3. ASCL has not conducted any survey of
the number or nature of such allegations, but it is clear from
calls to our hotline that in aggregate such allegations are frequent.
They are very rare in some schools and rather common in others,
depending not on how much staff misbehave but on the attitude
of the children and their parents to discipline.
4. School leaders contact ASCL for advice
sometimes in relation to allegations made against themselves but
in nearly all cases seeking advice about how to handle allegations
made against staff who work for them.
5. Most such allegations are not sexual
but relate to physical violence ("he hit me" or "she
pushed me"). The great majority of these appear to have no
basis in fact or to be greatly exaggerated. The former include
allegations made in malice or as a way of distracting from or
defending against being disciplined. The latter usually follow
from accidental contact or teachers using the power to physically
restrain pupils likely to harm themselves or others being mistaken
for or wilfully interpreted as an assault.
6. On the other hand child protection experts
say that sexual abuse cases, though rarer, are under-reported
and after many years of denial there has been a strong case made
in recent years to tilt the balance in favour of the child. ASCL
agrees; when such allegations are made it is imperative that the
child be supported and heard, and that there is a thorough and
effective investigation.
7. One of the systemic problems at present
is a failure to distinguish at an early stage between these types
of allegations, and between allegations of greater or lesser seriousness.
This can lead to over-reaction.
8. All such allegations can be devastating,
and having to face them, without them ever being proven, has driven
good teachers and other staff out of their employment and out
of the profession. This is exaggerated by public suspicion that
tends to attach to any person against whom such an allegation
is made even when there is absolutely no basis for it.
9. It is not unknown for children or their
parents to threaten school staff that they will make an allegation
(unless disciplinary action is dropped for example). This undermines
the authority of school staff and good order in (some) schools.
10. ASCL is strongly of the opinion that
school staff should be protected from being identified as the
object of an allegation in the press or in other public places
such as the Internet, remaining anonymous unless and until they
are convicted of an offence. That is not to say that there should
not be a record of allegations made, see paragraph 17 below, but
such records should remain private if the case is not proven.
11. The operation of school disciplinary
panels is generally satisfactory, though of course there are some
failures to adopt and follow fair procedures.
12. It is felt that investigations by school
staff who have not been trained in handling sexual abuse cases
can lead to tainted evidence in this most serious area. ASCL agrees,
and strongly advises its members not to involve themselves in
such cases at all, but to hand them over to experts.
13. However, the more general injunction
on school leaders not to investigate child protection cases at
all, but to hand matters to the LA team or the police, can lead
to over-reaction when it is clear that there is no case to answer
or when the allegation is less serious.
14. There is a need to make it clear that
suspension is not needed in the great majority of cases. It is
resorted to far too frequently at present, and though a nominally
neutral act is seen by many suspended staff and onlookers as a
punishment and an indication of guilt. It also isolates accused
staff and separates them from many of their normal support systems
at a difficult and stressful time. It is only needed if there
are reasons to believe that the presence of the accused member
of staff might significantly affect the investigation or create
a significant chance of (further) harm.
15. Particularly when members of staff have
been suspended there is a need to complete investigations much
more quickly. Police and LA child protection teams can sometimes
take months to investigate even straightforward cases. This can
be very stressful for those accused, even when they know they
are innocent; and when they have been suspended for a lengthy
period it can be difficult or impossible for them to return to
work.
16. There are far too many arrests. There
should be no need to arrest a member of staff who is willing to
cooperate with the police, yet arrests are made even of people
who have presented themselves at a police station to make a statement.
It is very distressing for law-abiding people who have done nothing
wrong to find that there will then be a permanent record of their
arrest. This is compounded by the collection of fingerprints and
DNA samples, which again may be held indefinitely. The processing
of an arrested person is not necessarily private, and when school
staff meet their pupils in such a context, as has been known to
happen, it is humiliating and undermining of school discipline.
Arrest should only be necessary if the person is refusing to accompany
a police officer, or if they are to be charged with a serious
offence and held in custody.
17. The Soham case militates against any
systematic deletion of records of unproven allegations. However,
such records can be damaging and distressing to innocent school
staff, even when the allegation made against them was mistaken,
unfounded, or malicious. At the very least greater care should
be taken when such records are accessed to present the outcome
of the investigation with as much prominence as the fact of the
allegation. References should not mention allegations that have
been found to be mistaken, unfounded or malicious.
18. Malicious allegations are not uncommon,
but there seems to be a reluctance to act against those making
them. It is important for the maintenance of good order in schools
that staff should be able to discipline children who break the
rules. At present that can be subverted by the mis-use of a system
intended to protect children to enable errant children or their
parents effectively to punish school staff by making unfounded
allegations, and with no consequences to themselves.
19. The present inquiry is into allegations
against school staff, but it is worth noting that many of the
same points apply to staff who work in colleges and in other situations
where they have responsibility for children and young people under
the age of 18.
SUMMARY
20. School staff should have anonymity when
allegations are made against them unless and until they are convicted
of an offence.
21. There is a need for a more proportionate
response to minor allegations.
22. Suspension should be used only when
there is a clear need for it.
23. Investigations should take place within
an agreed timescale. It is especially important for this to be
adhered to in cases where a member of staff has been suspended.
24. Arrests should not be made unless the
person is refusing to cooperate with the police or is to be charged
with a serious offence and held in custody.
25. Further thought should be given to how
"soft" evidence is retained and accessed, and greater
effort made to prevent such activity affecting the careers of
innocent people.
26. There should be a greater emphasis on
the consequences of making a malicious or frivolous allegation.
27. ASCL hopes that this is of value to
your inquiry, and is willing to be further consulted and to assist
in any way that it can.
May 2009
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