A new paper outlines changes to the way in which allegations against teachers and staff working with children are handled. I don't get it - first we're told that we fail abused children, and then that we fail people accused of abusing children. We do seem to be mightily confused about how best to protect children without over-restricting their lives. But this consultation paper offers another point of view: the processes by which we should handle allegations of abuse. The principles could apply to any professional working with children and young people, although the Department for Education and Skills (DfES) plans to publish a separate document on dealing with allegations of abuse made against foster carers.
I've read about some of these cases in the papers. Let me guess: teachers suspended for several months while their cases are considered, their names splashed across the press and their reputations destroyed, the unions complaining, and then the charges dropped. In these types of cases, we have to balance the need to listen and respond to children disclosing abuse with the possibility that the incident may have been exaggerated. The paper suggests that people who are under investigation but have not been charged with an offence should not be identified by the press. The police and Press Complaints Commission have been issued with guidance on the matter.
What exactly constitutes an allegation? "A complaint or concern alleging that a person has harmed a child or put a child at risk of harm; or has displayed behaviour involving or related to a child that might constitute a criminal offence; or has behaved in a way that raises concern about his or her suitability to work with children."
And malicious or false allegations from children? They're very rare, but the DfES will support head teachers who choose to take action through the courts or by permanently excluding the child from school. The real issue is speed. The Government believes that trial by rumour can be better controlled if allegations are pursued swiftly. The Crown Prosecution Service is now responsible for deciding whether someone will be charged with an offence and all allegations will be followed up.
How do local authorities handle this sort of thing? Inconsistently. The paper recommends that education, social services and the police each assign a senior officer to take responsibility for overseeing these cases; that they work to target timetables; and undertake regular reviews of the progress of cases. The paper proposes that local education authorities and human resources providers maintain a pool of suitable people who can carry out the disciplinary investigations on behalf of schools. It also suggests that police should obtain the complainant's consent for disciplinary proceedings when they take victim/witness statements.
But how quickly does all this happen? The consultation finishes by outlining the process with recommended times attached. For example, the allegation must be reported to the head or chair of governors within one working day; the action meeting should take place within two working days; the local authority investigating officer should provide a report within 10 working days; and so on.
FACT BOX
- 122 local education authorities in England recorded 1,629 cases involving allegations against education staff between September 2003 and August 2004
- 55 per cent of these were resolved in less than a month, 22 per cent took up to three months and 10 per cent up to a year to complete
- 66 per cent of allegations related to physical abuse or inappropriate handling of children, 15 per cent involved sexual abuse and another 15 per cent were about inappropriate behaviour
- Proposals for dealing with allegations against teachers and other staff are available from the Department for Education and Skills at www.dfes.gov.uk/consultations
- Responses are due by 10 February 2005.
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