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Refused Safeguarding Statement

Discussion in 'Workplace dilemmas' started by SheikhAbdulFashion, May 28, 2019.

  1. SheikhAbdulFashion

    SheikhAbdulFashion New commenter

    To anyone who may know,

    My last Head is refusing to provide a ‘safeguarding statement’ about me, thereby telling prospective employers that there were/are no safeguarding concerns about me. No agency will register me due to this.

    The Head in question has confirmed that they have not passed their concerns to the DBS (or TRA) however, and will not be doing so whatsoever.

    How might I escape this limbo?
     
  2. ridleyrumpus

    ridleyrumpus Lead commenter

    Talk to your Union at regional level.
     
    jlishman2158, stonerose and pepper5 like this.
  3. CWadd

    CWadd Star commenter

    UNION!!

    Get on the phone to them right now!

    You are in a union, yes?
     
    jlishman2158, stonerose and pepper5 like this.
  4. SheikhAbdulFashion

    SheikhAbdulFashion New commenter

    Thank you for your comments.

    I am not in a union.
     
  5. FrankWolley

    FrankWolley Star commenter


    That was a mistake that has come back to bite you in your posterior, then...o_O (Other readers take note, you never know when you may need Union support).

    As far as I can see your options are:

    • Employ a solicitor (make sure he/she is an employment law expert) to take on the HT; or
    • Try pleading with your HT to get them to provide a reference; or
    • Look for a career outside education (or any other job that requires safeguarding checks)...
     
  6. phlogiston

    phlogiston Star commenter

    You should think about talking to an employment solicitor then. You saved money through not being in a union, now is the time to spend it.
    Good luck.
     
    jarndyce, DIPS1, jlishman2158 and 7 others like this.
  7. CWadd

    CWadd Star commenter

    I've lost count of the number of posts in the last 2 years from people who have not joined a union usually due to wanting to save money.

    Not joining one can be very costly.

    See a solicitor - which will cost a great deal.

    Or, as others suggest, a different career.
     
  8. SheikhAbdulFashion

    SheikhAbdulFashion New commenter

    A (paid) employment solicitor couldn’t see a solution. An ET won’t address this as a remedy. The Head’s HR are washing their hands.
    I was previously in a toothless union. Found them to be toothless.
     
  9. FrankWolley

    FrankWolley Star commenter


    A Union is only as strong as its members, of course. I suggest you join one in your next career...
     
  10. grumpydogwoman

    grumpydogwoman Star commenter

    http://www.acas.org.uk/index.aspx?articleid=5072

    Does an employment reference have to be provided?
    A previous employer can usually choose:

    • if they want to provide a reference or not
    • how much information they want to provide
    Previous employers may choose to provide a few basic facts about the job applicant and nothing more.

    A job applicant's previous managers and colleagues may also be happy to provide more detailed references.

    Employers should have a policy to help them handle reference requests, telling them what information they and their employees can provide.

    Only certain industries such as those regulated by the Financial Services Authority are required to give a reference by law.


    You will just have to continue to ask as nicely as you can until you have to surrender to the inevitable and consider employment in another sector.
     
    stonerose and Piranha like this.
  11. CWadd

    CWadd Star commenter

    More context, thanks. Might have helped if you'd given this information about seeing a solicitor at the beginning.

    If you found a union to be toothless, this suggests you've had problems before.

    Perhaps moving on from teaching is for the best.
     
  12. SheikhAbdulFashion

    SheikhAbdulFashion New commenter

    Some helpful replies here, thanks. I was bullied at work, complained, teamed-up on somewhat, and am now here.
    Thank you for the ACAS stuff, grumpydogwoman. Would be good if teaching was like FCA careers.
    I do not want a new career. I want to fight cheats and bullies. Unions ignore this...
     
    Marshall likes this.
  13. CWadd

    CWadd Star commenter

    If you can't get your HT to confirm no safeguarding issues in a reference you are at a dead end.

    You clearly had a poor rep - but if an employment solicitor says there is nothing they can do I'm at a bit of a loss.
     
    Marshall likes this.
  14. diddydave

    diddydave Occasional commenter

    If there are no safeguarding issues then I may be tempted to ask a solicitor to see if they can force their hand by seeing if they could suggest that a failure to report their concerns, that are preventing them from providing such a reference, to the required authorities - and hence force a resolution - would leave them, potentially, liable to claims of negligence should you gain employment with children in the future and cause problems.
     
  15. brownc31

    brownc31 New commenter

    Don’t listen to the posters here who are on commission to get people to sign up to unions
     
  16. caterpillartobutterfly

    caterpillartobutterfly Star commenter

    Not all safeguarding concerns would result in a teacher being reported to the DBS or TRA.
    More minor ones can be dealt with at school level.
    Slight suspicions that haven't been investigated because a member of staff has left, might also mean the head isn't keen to state formally they have no concerns.
    Presumably they spoke to the head who said they do have some safeguarding concerns and to state that they don't would be giving a false reference. If the head refuses to state something they believe to be untrue and a solicitor cannot find a compromise, then you will need to find work elsewhere.

    There are very good reasons why a person's last headteacher MUST be one of the referees and why they MUST state there are no safeguarding concerns. You'll not find many teachers thinking this a bad thing.
     
    strawbs likes this.
  17. grumpydogwoman

    grumpydogwoman Star commenter

    Just grovel. It's all you can do if even the solicitor isn't prepared to take your money and fight your cause.
     
    Marshall likes this.
  18. Piranha

    Piranha Star commenter

    That would only work if there really were safeguarding concerns. If there weren't, then they could not be sued for negligence.

    It is really unfair that employers do not have to supply a reference but, sadly, that is the law. When an employer is acting within the law, a union or a solicitor is going to be toothless.
     
  19. SheikhAbdulFashion

    SheikhAbdulFashion New commenter

    I was suspended for a safeguarding allegation + other non-suspension worthy allegations that were tacked on. After a wide-ranging (school level) investigation the safeguarding thing was deemed worthy of management advice only. At the disciplinary hearing (for the tacked on things) the safeguarding allegation was not allowed to be discussed. It was a false allegation originally. The Head wanted little or no investigation of it (and themselves) but is now in a bit of a rock / hard place situation. I am in the desert.
    I am pursuing these issues, somewhere, however.
    Complex issues.
    Just thought to fish for any answer to the posted issue which might have been overlooked.
    Thanks for all your engagement, posters.
     
  20. HolyMahogany

    HolyMahogany Occasional commenter

    What alternatives would you suggest?
     

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