NASUWT Representatives

www.nasuwt.org.uk29AllegationsIt is an unpleasant fact of teaching today that more and moreteachers have an allegation of emotional, physical or sexualabuse made against them. Since 1991, the NASUWT has beenhighlighting the injustice being perpetrated against teachersand other school staff as a result of being falsely accused.A government-commissioned study conducted between April2009 and March 2010 confirmed the Union’s concerns,demonstrating that 45% of allegations against school staff wereunfounded or unsubstantiated and 2% were malicious. Only 3%led to convictions or police cautions.As a consequence of these concerns, legislation has beenintroduced to afford some protection to teachers facingallegations of criminal offences. The Education Act 2011contains a provision which restricts the reporting of allegationsof criminal offences by teachers in England and Wales and anyassociated publicity that would identify the subject of suchallegations, prior to any charge. The Union has longcampaigned for a statutory provision to grant anonymity forteachers facing allegations from pupils.Statutory government guidance was condensed and reprintedby the Department for Education (DfE) in July 2011 and isentitled: Dealing with Allegations of Abuse against Teachers andother Staff: Guidance for Local Authorities, Headteachers,School Staff, Governing Bodies and Proprietors of IndependentSchools. The guidance is aimed at all schools, includingacademies, free schools, independent schools and all types ofmaintained schools.Key points are:l Schools should not automatically suspend teachers whereother alternatives exist.l All but the tiny number of the most complex cases should beresolved within three months and the vast majority should beresolved in four weeks.l Malicious, unsubstantiated or unfounded allegations shouldnot be included in employment references.l If an allegation is received, the Local Authority DesignatedOfficer (LADO) should be informed. The LADO’s first step willbe to discuss the allegation with the headteacher (or chair ofgovernors if the allegation is against the headteacher) andestablish that it is not demonstrably false or unfounded. Ifthis is not the case, the LADO will be responsible forconsulting with the police and social care colleagues asappropriate.Further InformationDepartment forEducation: Allegationsof Abuse AgainstTeachers and NonteachingStaffwww.education.gov.ukDealing withAllegations of Abuseagainst Teachers andother Staff – Guidancefor Local Authorities,Headteachers, SchoolStaff, GoverningBodies andProprietors ofIndependent Schools(2012)www.education.gov.ukUse of ReasonableForce – Advice forhead teachers, staffand governing bodies(2012)www.education.gov.ukBehaviour andDiscipline in Schools –A guide for headteachers and schoolstaff (2012)www.education.gov.ukSafeguarding Childrenand Safer Recruitmentin Education (2007)www.education.gov.uk(due to be updated in2013)For advice and help ˚ Local Association ˚ Regional Centre ˚ National Executive