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suing parents education and police over false allegation?

Discussion in 'Workplace dilemmas' started by biggles007, Jan 2, 2011.

  1. 3 1/2 yrs ago i was falsely accused of assulting pupil. long and short of it 7 months of police doing nothing eventually as i became a pain in pursuing it they presented evidence to CPS who cleared me of any wrong doing immediately. Phone call from DCI after saying she knew i was innocent all along...Cold comfort. Now my crb still has accusation, i ve sent off for another which in august14th should have been returned by police authority within their 60 day service agreement and it took 120+ days (another case for suing loss of work availability 60 days at £150 i think) so any suggestions as to how i clear my CRB after 9 years successful teaching and 3 1/2 no work!! and also suing the accuser his parents the education authority? and how to get compensation off the police for not gettting my CRB back within their service agreement? Many thanks Andy
  2. ianj6

    ianj6 New commenter

    Where you charged or merely invesigated. If it's the latter it won't appear on the CRB check.
  3. I wish you all the best and I hope that you are victorious. I am going through the process of a disciplinary at the moment, and I know that it will ruin my career (I already don't want to step foot into a school again). The fact that the police threw out the case, and said that they knew I had done nothing wrong (just like you) means nothing to the LA.

    I enquired about taking legal action, but was told nothing can happen until everything is properly concluded. The legal advisor said, even then it was likely not to succeed. He said that procedures are weighted so heavily in favour of 'the children' that they can say and do whatever they like and get away with it. Like you, I will take action against the LA and family that has caused me all this pain... 1 year on and it is at a complete standstill.

    Good luck - you have my support!
  4. thx stephen cant believe the amount of teachers in our situation so im going to MP and suing LEA as they are responsible for looking after staff whether supply or permanent.
    Good luck yourself but maybe we need a National voice to prevent our careers being screwed by kids who don't realise what they are doing to us. the government has protected alleged rapists by protecting their identities so why cant teachers be protected, and when found innocent especially by police and cps reinstated and the child prosecuted!!!!
  5. Crowbob

    Crowbob Lead commenter

    I feel for you, but doubt you will be succesful.
    What do you mean by "found innocent"? The fact that the CPS or the Police don't want to take this further is not the same as being found innocent. The CPS would need to prove "beyond all reasonable doubt" that there had been wrongdoing. The LEA would not need to adhere to such a high burden of proof. It is legitimate for them to investigate/take action.
    You should be realistic about your chance of success in actions against all of these people. It is not how it should be, but it is how it is...
  6. I wish you well OP
    On a slightly different tack, did anyone read about this:
    ''A Birmingham teacher who was unlawfully arrested after being accused of assaulting a pupil has been awarded £1,000 compensation at the High Court. Mark Richardson, 39, was arrested even though he volunteered to be interviewed by police. No prosecution was brought and he sued West Midlands Police, fearing the stain the arrest would leave on his record. As well as claiming he was unlawfully arrested, Mr Richardson also wanted West Midlands Police to destroy DNA samples, fingerprints and photographs taken at the time and for his arrest entry on the Police National Computer (PNC) to be deleted or amended.''
  7. Similar sort of thing happened to me. I too have info on my CRB, despite it never even going to police interview! It WILL appear on your CRB even though you were formally cleared, and this may have implications for your future career - I have found this out to my cost!
    You have to have your CRB cleaned, if only for justice. From experience, I would say forget appealing to the CRB, the Information Commissioner, even to the Police directly - leglislation has it all nicely wrapped up that such information CAN be included on your CRB despite the fact you did nothing wrong. My case is currently being handled by Liberty who have sent my police force 9 pages of detailed legal discussion on why my CRB should not include information relating to past false allegations. I wish I had taken advice and spoken to Liberty 2 years ago when this all happened, however eventuallt after exhausting all other routes I did so and I am extremely glad that I did, because their lawyers are fantastic.
    PM me if you want more info. Best of luck!
  8. Hi i got anew crb applied for and got it dec last year i appealed direct to crb and got my new clean crb back from them via the police with accusation removed in june this year.
    However not had any interviews since applying for teaching posts!!!
  9. Thank you for persuing this, Biggles, it matters to all of us, that there are consequences for making false allegations, and you are ensuring that un yuyr case, there are conseauences, even if you lose in the end. Thank yuu, and good luck with it
  10. hi hope u were successful, all i had to do was obtain a new crb and then challenge it and it came back clear by west yorkshire police but i think i will now do what you have and contact liberty too see if there lawyers can help me sue the red tape that took a year to process and now i'm applying back to teaching, more fool me lol...fingers crossed just visited a school and they were totally understanding about why i hadn't taught for 5 years and have now applied. Hopefully they will put their faith in me and give me the job!!
  11. The school did, interviewed, selected for final interview teaching v one other teacher.
    Then all i needed was one outstanding reference from past school, and even after speaking with the member of staff who was sending it, he still didn't send it, forgot!! and so they had to give the post to the other candidate!!!!!
    So i am hopefull i will get back into teaching!

  12. Hi stephen,
    have you had any luck yet?

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