Conference resolutions 2007

CONDITIONS OF SERVICE SECTION

False allegations against teachers

Conference supports the right of students to be heard and taken seriously when they make allegations against teachers. Conference believes however that after thorough investigation, when allegations subsequently prove unfounded the reaction can be disproportionate and leaves a stain on a teacher's career. Conference also notes that some students unfortunately do make false allegations against teachers.

Conference further notes that in January 2007 the Government brought in new guidelines (Safeguarding Children and Safer Recruitment in Education) on the processing of allegations against teachers which were intended to ensure that allegations of abuse are dealt with 'effectively, fairly and promptly.'

Conference regrets that the guidance also sets out that any allegations relating to the safety and welfare of children and young people should be disclosed during the recruitment process to a prospective employer whatever the outcome of investigations into such allegations.

Conference notes that the government has also promoted recruitment training which suggests interview questions aimed at identifying those who may pose a risk to pupils' welfare.

Conference recognises the damage that is often done to the career and well-being of those who face investigation of an allegation which is found to be false and believes that the effects will be aggravated by the retention and disclosure of records relating to such allegations.

Conference notes that in the current climate, teachers are often warned off any physical contact with students, including, for example, reassuring or comforting a distressed child. Conference believes that there are times when such physical contact is an essential part of a teacher's role.

Conference reasserts the belief that a person is 'innocent until proven guilty'. However, Conference is concerned that cases falling under Child Protection are often referred to and placed on a teacher's Criminal Records Bureau (CRB) check by the Police, even when the case has been dismissed, disproved, or dropped by the Crown Prosecution Service (CPS). In many cases colleagues have been forced to give up teaching because of the way that the police have reported such investigations on CRB forms.

Conference supports the view expressed by the General Secretary that "without the opportunity to ensure that records of malicious false allegations are removed entirely from their records, teachers will be vulnerable to such allegations blighting their careers."

Conference calls on the National Executive to campaign vigorously to protect teachers from having their careers blighted in this way by false allegations by:

  1. seeking the introduction of provisions whereby teachers have the right to ensure that false allegations are removed from their personal records;
  2. seeking an assurance that where false allegations, or allegations that were unproven or withdrawn, have been made against a teacher these will not appear on the CRB check for that teacher;
  3. seeking an assurance that any additional information which does not appear on the CRB check provided by the police, is not sent to the employer without the applicant's knowledge;
  4. seeking an expert assessment of the value of the suggested interview techniques and whether it meets good practice standards for fair and non-discriminatory recruitment practices;
  5. updating and re-issuing guidance to members on the investigation process and teachers' rights in relation to these;
  6. monitoring the cases of false allegations reported to the Union to assess the level of growth of such cases and the impact of such cases, including any disproportionate impact of particular groups; and
  7. working with other relevant organisations to seek to redress the balance in order to provide fair protections for teachers.

Conference also calls on the National Executive to support members who have already had their careers blighted in this way by using the Information Commissioner's Office (ICO) procedures to ensure that the police handle personal information properly in the future.