1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.
  2. Hi Guest, welcome to the TES Community!

    Connect with like-minded education professionals and have your say on the issues that matter to you.

    Don't forget to look at the how to guide.

    Dismiss Notice

Learner allegation! Asked to leave site immediately!

Discussion in 'Workplace dilemmas' started by cillia, Oct 3, 2018.

  1. cillia

    cillia New commenter

    Have been covering in a school for a while including KS4 as well as FE/6th Form. The 6th form are terrific and highly appreciative of my knowledge and experience even the older group yr 11s are great but 9's and 10's are an absolute nightmare in terms of behaviour. A real constant cacophony. Incessant talking when youre talking, as well as shouting screaming banging desks, ignoring you, hitting each other and every other disruption you can think of!

    One of the worst and most disrespectful students decides they are going to tackle me head on... Constantly staring at me in a confrontational manner. Even if you stared at a Dog in such a way the dog would probably attack you. After giving a detention which they ducked out of and other stuff catcalling at me in the playground by my surname! then coming to my form class shouting stuff into the room. A learner in my form told me that they had said I threatened to punch them in the face!!! What!!? This learner has now made the allegation against me. I was approached by the secretary and asked to leave the site... While there is an investigation. Chances are I will never have a resolution or apology and I could lose work! Have the Lunatics taken over the asylum?
     
    byronipuss and tenpast7 like this.
  2. Lara mfl 05

    Lara mfl 05 Star commenter

    Unfortunately in some school it seems they have. :( Much depends on how strong and sensible SMT are.
     
  3. dunnocks

    dunnocks Star commenter

    yes

    speak to your union

    enjoy NOT being there
     
  4. binaryhex

    binaryhex Lead commenter

    You describe something that is almost identical to an experience I had when starting supply. If a pupil makes a serious allegation like this, there really isn't anything you can do, and the students know it. Procedures will almost always dictate what happens next, which is usually you being marched off site. Difficult but try to not take it personally. Do contact your Union but to be honest, there is little they can or will do except hold your hand and say 'don't worry'. Unless you are in a shortage subject and everyone loves you, the mud has been thrown - they are likely to ask you to leave. Makes sure you insist on payment for the days you have worked, the days of the investigation and a week's notice but apart from that, welcome to supply.
     
  5. cillia

    cillia New commenter

    I am considering writing to the board of governors and with the intention of a bringing a prosecution against the school and or the individual as the comments are clearly slanderous. If anyone has any further experience of this i would be very interested.
     
  6. modgepodge

    modgepodge Established commenter

    You cannot prosecute the school. They’ve received an allegation, which as far as they know, could be true. Of course they have to investigate - can you imagine if they didn’t and it turned out to be true? I understand it is frustrating and upsetting, but asking you to leave site while they investigate is standard procedure. The chances are, if you are innocent, they will find no evidence to support the accusation and you will be allowed to return to your post.

    Unfortunately the comeback for children making false allegations is nothing, in my experience (primary). There’s a balance to be found - you don’t want children to NOT come forward if something has happened to them for fear of being in trouble if they can’t prove it, but equally the fact a child can maliciously accuse someone of something and not receive any consequences is very frustrating. I don’t know if you could prosecute the individual once the investigation is finished.
     
  7. creaganturic

    creaganturic New commenter

    As already said by modgepodge, I don't think you can bring a prosecution against the school, but against the individual, yes. Malicious slander which may have harmed your career should not be taken lightly. Await the outcome which may very well go in your favour. If you are not satisfied, you are within your rights to take action against the student. I had something similar while on supply some years ago. I was accused of calling a student a sh*t head, but in German. I don't even speak German, but the student thought that the language I do speak (I speak a second language) was like German. The word in my language sounds nothing like the word in German. I said this, could prove it, yet nonetheless my Supply company was told I was no longer welcome there. I lost out on potential work. I was very green back then, but would never allow a school or student to get away with something like this again.
     
  8. Flanks

    Flanks Established commenter

    The school have acted correctly, so suing them is pointless.

    If you want to sue the family of the child for slander and/lost earnings you either need your union to support (they won't) or be willing to fund a drawn out process yourself.

    Walk away, get your next supply role. From your previous postings would assume that you should stick to post 16.
     
  9. pepper5

    pepper5 Star commenter

    Hi cilia

    Sorry to hear this has happened to you.

    Please call your Union to seek their advice.

    I don't know if the school has a behaviour policy regarding this type of incident in that if the student is found to have made malicious allegations against you, they will have sanctions made against them.

    If you don't get any help through your union, you may want to find an employment solicitor to assist. If this student has a history of challenging behaviour and has done similar things in the past, then the school should have taken action and as a duty of care towards you.
     
  10. gruoch

    gruoch Occasional commenter

    I've had this happen - there was even a 'witness'. I wasn't escorted from the school but I was stuck in the office for the rest of the day. Luckily it was very easy to demonstrate that the alleged incident had not happened and I never had to teach that particular child again.
     
  11. jago123

    jago123 Established commenter

    Suspension is a neutral act, they’ve suspended you whilst they investigate the allegation. The allegation is very serious, whether you did it or not, the school needs to take the appropriate action.
     
  12. hhhh

    hhhh Lead commenter

    I believe that anyone over 10 can be classed as criminally responsible, but I'm no lawyer so I'd consult someone who is qualified to explain what you need to do.
     
  13. tonymars

    tonymars Occasional commenter

    Sadly I cannot offer legal advice OP but this appalling. You are being terrored- a growing problem and a major readon for teachers leaving.
     
    lardylegs likes this.
  14. Rott Weiler

    Rott Weiler Star commenter Forum guide

  15. scienceteachasghost

    scienceteachasghost Lead commenter

    If there was a policy of permanent exclusion for malicious false allegation students might think twice.These days its like all school staff walk in to work every day a priori guilty of murder until they prove otherwise.
     
  16. baitranger

    baitranger Occasional commenter

    There could be a potential criminal offence-wasting police time.
    "Wasting police time
    Under s 5(2) of the Criminal Law Act 1967 (CLA 1967), it is an offence to cause a wasteful employment of the police by knowingly making a false report – either orally or in writing – to the police or anyone else that:

    • an offence has been committed;
    • there is a real threat to the safety of any persons or property; or
    • they have relevant information concerning some police enquiry."
    https://www.inbrief.co.uk/offences/wasting-police-time/

    There's also the possibility - perhaps remote - of someone being charged with perverting the course of justice.
    "Perverting the course of justice
    If a false report you made has particularly serious consequences, the police could charge you with perverting the course of justice instead, which carries a maximum penalty of life imprisonment. Police are more likely to charge you with this more serious offence, rather than wasting police time if:

    • the false report was motivated by malice;
    • you continued to stick to your false story, even when there were ample opportunities to retract;
    • you falsely accused someone of a crime and they were charged and remanded in custody or tried, convicted and / or sentenced;
    • the person you falsely accused suffered major damage to their reputation;
    • you have a history and/or previous convictions of making false reports.
    Perverting the course of justice
    If a false report you made has particularly serious consequences, the police could charge you with perverting the course of justice instead, which carries a maximum penalty of life imprisonment. Police are more likely to charge you with this more serious offence, rather than wasting police time if:

    • the false report was motivated by malice;
    • you continued to stick to your false story, even when there were ample opportunities to retract;
    • you falsely accused someone of a crime and they were charged and remanded in custody or tried, convicted and / or sentenced;
    • the person you falsely accused suffered major damage to their reputation;
    • you have a history and/or previous convictions of making false reports."
     
    agathamorse likes this.
  17. baitranger

    baitranger Occasional commenter

  18. Rott Weiler

    Rott Weiler Star commenter Forum guide

    The police haven't been involved as far as we know so no police time has been wasted

    OP couldn't prosecute for it even if she wanted to. Only CPS can prosecute the offence and it needs the permission of the Director of Public Prosecutions. I can confidently predict that the likelihood of the DPP authorising a prosecution against a 14 or 15 year old child for making a safeguarding disclosure is zero.
     
    Pomza likes this.
  19. Skeoch

    Skeoch Lead commenter

    Your legal remedy might be a civil action against the child (or possibly the parents). That is fiendishly expensive and if you did get damages you might then struggle to get the money. Regrettably you are on a hiding to nothing there.
     
  20. cillia

    cillia New commenter

    Really?
     

Share This Page