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FACT Members Update 2011-03-nov

FACT Members Update 2011-03-nov

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Published by: factuk on Dec 23, 2011
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Falsely Accused Carers and Teachers
Monthly Update
Fighting injustice - lobbying for change
November 2011
Welcome to the November monthly update. We are sorry this islate. It was prepared in time but they are supposed to be sent outautomatically this did not happen so this month you will get ourNovember and December editions simultaneously. Hopefully oncewe get to grips with the technology you should receive them ontime!
CRB issues continue to be the most likely reason for people to contact FACT. This month hasbeen no exception with well over 20 people contacting us for CRB advice, information orsupport including two MPs ! The position has not been made any easier by confusion overthe detail and extent of anticipated following Sunita Mason’s independent of the system.FACT is continuing to press for clarity and changes to be made which we hope will be of benefit to FACT members.On the 18th November the FACT Chairman met with Home Office officials and others toconsider ways forward. Among the issues raised by FACT were:-1. The need for robust action to be taken against those employers who insist on asking forenhanced disclosures when their is no legal basis for them doing so.2. That Chief Constables should be legally required to assess the:-
gravity of the information
reliability of the information
whether the applicant has had a chance to rebut the information
relevance of information to the post
time elapsed since activity
impact of disclosure on the applicantbefore they release information.3. The injustice caused to job applicants when the fact of an previous allegation is divulgedeven though the acts described may be completely false
InThis Edition
Protection oFreedom’s Bill
EducationBill andAnonymity f or teachers
4. That there should be a presumption against disclosure of soft intelligence including anyinformation relating to police investigations which resulted either in no action beingtaken or in not guilty verdicts unless information meets certain criteria.5. The need for any guidance given to employers to state that false allegations are notuncommon and that people employed in certain occupations may be vulnerable to falseallegations.FACT will meeting with Home Officials and others (including ACPO lead officers) in Januaryto take some of these issues forward. We are also grateful to the Home Office for consultingFACT about these matters.
Protections of Freedom’s Bill
The Protections of Freedoms Bill is now being considered by the House of Lords and is notexpected to receive Royal Assent until July 2012
Education Bill 2011 - Teachers to be given lifelong anonymity
Proposals to give lifelong anonymity to teachers accused of committing criminal offencesagainst children at their schools have become law after the Education Act 2011 receivedRoyal Assent. This means that teachers have become the first group of people in British legalhistory to be given automatic anonymity when they are accused of a criminal offence.The anonymity ends only if the teacher is charged with a criminal offence, or a court agreesto an application that it is in the interests of justice that it should be lifted.The anonymity also ends if the Education Secretary publishes information about the personwho is the subject of the allegation in connection with an investigation or decision relating tothe allegation, or if the General Teaching Council for Wales publishes information about theindividual in connection with an investigation, hearing or decision on the allegation.Individual teacher may however waive his or her anonymity if they choose to do so.The Act means that it is now unlawful to name a teacher who has been accused of assaultingor sexually abusing a child at his or her school if that teacher has not been charged with acriminal offence – even if the accusation is referred to in public, for example at anEmployment Tribunal hearing at which the teacher claims unfair dismissa
New support group for falsely accused people launched in Scotland
A new support group called Parents Injustice Groups Scotland (PIGS) has been launched inScotland for supporting families who have experienced injustice. A spokesman for the group

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