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Falsely Accused Carers and Teachers Monthly Update
mUpdateUpdate F.A.C.T.
Fighting injustice - lobbying for changeNovember 2011
Welcome
Welcome to the November monthly update. We are sorry this is
late. It was prepared in time but they are supposed to be sent
out
automatically this did not happen so this month you will get
our
November and December editions simultaneously. Hopefully
once
we get to grips with the technology you should receive them
on
time!
CRBs
CRB issues continue to be the most likely reason for people to
contact FACT. This month has
been no exception with well over 20 people contacting us for CRB
advice, information or
support including two MPs ! The position has not been made any
easier by confusion over
the detail and extent of anticipated following Sunita Masons
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 to
consider 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 for
enhanced 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 applicant
before 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
In This Edition
Welcome
CRBs
Protection of
Freedoms Bill
Education Bill and
Anonymity forteachers
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4. That there should be a presumption against disclosure of soft
intelligence including any
information relating to police investigations which resulted
either in no action being
taken 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 not
uncommon 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 January
to take some of these issues forward. We are also grateful to
the Home Office for consulting
FACT about these matters.
Protections of Freedoms Bill
The Protections of Freedoms Bill is now being considered by the
House of Lords and is not
expected 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 offences
against children at their schools have become law after the
Education Act 2011 received
Royal Assent. This means that teachers have become the first
group of people in British legal
history 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 agrees
to 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 person
who is the subject of the allegation in connection with an
investigation or decision relating to
the allegation, or if the General Teaching Council for Wales
publishes information about the
individual 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 assaulting
or sexually abusing a child at his or her school if that teacher
has not been charged with a
criminal offence even if the accusation is referred to in
public, for example at an
Employment Tribunal hearing at which the teacher claims unfair
dismissal.
New support group for falsely accused people launched in
ScotlandA new support group called Parents Injustice Groups
Scotland (PIGS) has been launched in
Scotland for supporting families who have experienced injustice.
A spokesman for the group
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said they will consult with users and professionals before
decide which way their
organisation should go in.
Innocence Network
Innocence Network UK is now offering Individual Membership for
25, butwhich is FREE OFCHARGE for the unwaged or for those who are
campaigningfor an alleged innocent victim of
a wrongful conviction.
Individual Members receive:
A copy of INQUIRY newsletter four times a year sent directly to
youre-mail address
Information about INUK conferences, seminars and events.
Discounts for INUK conferences, seminars and events.
Notification of new publications in the area of wrongful
convictions. Updates on cases submitted to the Criminal Cases
Review Commission (CCRC)
The satisfaction of being part of a mass movement for positive
change and reform.
Further details
.... and finally dont forget our Christmas Vigil
This years Christmas Vigil will take place in Birmingham on
Saturday 3rd December.
FACT Secretary
(FACT Business, correspondence and admin)
PO Box 15971Solihull, B93 3GG,
01564 742 002
[email protected]
FACT Chairman
(Helpline, FACTion and Website)
02920 777 [email protected]
(Postal correspondence to the chairman should be
directed through the secretary via the PO Box)
http://www.innocencenetwork.org.uk/membershiphttp://www.innocencenetwork.org.uk/membership
