CAMPAIGN ON BEHALF OF FALSELY ACCUSED CARERS AND TEACHERS

Vol
25 F.A.C.T.ION
FACT, INFORMATION, OPINION and NEWS
February
2011

CRB Reforms Aim to

Restore Adult Trust
The Government has announced that millions of people in people who work "closely and regularly" with children or
England and Wales who work or volunteer with children vulnerable adults.
and vulnerable adults who currently need criminal record Teachers will continue to be vetted - but those who do
checks will no longer do so. Mr Clegg, Deputy Prime occasional, supervised volunteer work will not.
Minister, said, "Of course we need checks on those people
Job applicants will also be able to see the results of their
who are working regularly with children and vulnerable
criminal record check before their prospective employer
adults but not everybody who is volunteering, often on an
so mistakes can be corrected.
irregular basis, is simply trying to help out. We want to get
it into proportion. I want to lift the atmosphere of And the bill promises a "portability of criminal records
suspicion and distrust cast over adults who simply want to checks between jobs to cut down on needless
help”. bureaucracy" and to stop "employers who knowingly
request criminal records checks on individuals who are not
But some child protection campaigners fear it will be
entitled to them".
easier for adults in positions of trust to abuse children.
Children's Minister Tim Loughton said: "Protecting children
The change is part of the government's Freedoms Bill,
and keeping them safe remains our top priority, but it's
published earlier.
also important that well meaning adults are not put off
"Most people accept we were treated with too much working or volunteering with children".
distrust and suspicion and too many people were almost
Children's charity Barnardo's said the move was "a victory
treated as if they were criminals by Labour in recent years.
for common sense".
"It's still going to be a scheme of some considerable size
Chief executive Anne Marie Carrie said: "There is already
but one which does not cast that atmosphere of distrust
enough safeguarding in place for people who have
over adults who are simply trying to do their best by their
unsupervised, substantial access to children.
own children, by children in their own community."
"This approach will make it easier for grandparents,
The new bill calls for a merging of the Criminal Records
parents and neighbours who should be able to play an
Bureau (CRB) and the Independent Safeguarding Authority
important role in a child's life without unnecessary red
to form "a streamlined new body providing a
tape".
proportionate barring and criminal records checking
service". A decision on whether the disclosure of minor offences
and police intelligence to prospective employers within
That body will provide what ministers say will be a more
the criminal records check should still form part of this
"proportionate" checking service for about 4.5 million
process is yet to be decided.

Have you thought about sponsoring an edition of FACTion?

Feb 2011 Page 1
 Falsely Accused Carers and Teachers Editorial
Firstly may I begin by wishing everyone a better happy new
Committee and Editorial Team year. Whatever your circumstances I hope that it will be
F.A.C.T. is managed by a national committee who can be better for you and your family than it was in 2010, especially
contacted as follows: for those of you who had a miserable time. I know for some
Chairman Michael of you 2011 has not started well and that there have been
michael@factuk.org family bereavements. I very much hope that the comfort that
02920 777499 comes from being with friends, in and out of F.A.C.T., will
Secretary Ian B help you celebrate their lives.
sec@factuk.org
In this edition you will find several articles concerning the
O15 6474 2002
progress that is being made to bring about improvements in
Treasurer Ian A
the CRB regime. I must admit to being a little bit ambivalent
treasurer@factuk.org
01905 778170 about giving so much space to this issue, especially as we
Membership Joy & Ian have covered it in depth before. It is however important that
membership@factuk.org we keep the pressure up and also acknowledge the media’s
01594 529 237
efforts to keep this issue on the public agenda.
Lobbying Jim
01873 830493 You will also be pleased to know that the F.A.C.T.
Media Vacant Parliamentary briefing paper is now with the printers. We
Prison/Family Support Joy have already made plans to send it to MPs and members of
joy-iangower@stroat.fsnet.co.uk the House of Lords (and others) as part of a new campaign to
01594 529 237 highlight the plight of falsely accused carers and teachers.
This represents an entirely new initiative and approach by
Contact Details F.A.C.T. so I do hope you will fully support our efforts. In
particular it is also important that you let us know if your MP
General Correspondence and F.A.C.T. business
is on your side or has a special interest in education, care
The Sec work (including fostering) or justice issues.
PO Box 15971 Elsewhere you will finds news of the next conference which
Solihull promises to be a lively and informative affair. This time we
B93 3GG have chosen speakers who have a special interest in legal
01564 742 002 issues affecting falsely accused and/or wrongly convicted
carers and teachers so please mark the date, Saturday 28th
Helpline, Advice, FACTion Newsletter and Website May in your diaries.
Michael
PO Box 3074 A lot of work goes into organising conferences so I very much
Cardiff hope to see an increase in attendance. Don’t forget that
Wales
CF3 3WZ immediately before the conference we will also be holding an
02920 777 499 Extra-ordinary General meeting to discus the possibility of
permitting postal votes at AGMs. I know this is something
FACTion:
FACTion is produced at approximately bi-monthly several of you have requested. It is also something the
intervals at the national committee’s discretion, and National Committee support but as it involves changes to
is provided free of charge to F.A.C.T. members. F.A.C.T.’s constitution the vote must be carried by two thirds
of the members present so it is essential you attend the EGM
The editorial team welcome articles for publication,
and register your vote. We hope to pass on details of the
of between 150 and 1,500 words, and letters of not
more than 200 words. These should be sent, wording of the resolution in favour of the postal votes (and
preferably by email to: faction@factuk.org or by post any others we receive - for or against) in advance of the
to FACTion, P.O. Box 3074, Cardiff, CF3 3WZ. formal notice of the EGM.

The editorial team reserve the right to edit any
article or letter sent for publication.
All submissions must be accompanied by your name
and address which, on request, will be withheld from
publication.
The views contained in FACTion do not necessarily
represent those of F.A.C.T., or its national
committee.
We look forward to meeting you all then
Michael
Change of address:
FACT North Wales have changed their postal address to:
F.A.C.T. (North Wales), 9 Bryn Estyn Road, Rhosnesni,
Wrecsam. LL13 9ND. The FACT PO Box number will cease to
operate on the 28th February.

Page 2 Feb 2011

 Parents Against Injustice Molly Gee
Take Their Case to Europe We first met Molly at the April 2001
Parents Against Injustice (PAIN) was recently involved in making a 55 FACT Conference in Warrington.
minute radio documentary for RTBF (Belgium’s equivalent of the BBC There she sat, seemingly frail, with
World Service) on what is wrong with the child protection system in the husband Ken in a packed hall where
concern, confusion, fear and
UK.
deep unhappiness were palpable.
Trevor Jones, a spokesman for PAIN said,
Up went her hand. She spoke and
“We worked very hard to get contributions together for the broadcast and described their anguish : their
covered various themes. severely, physically handicapped
What we learnt was that continental Europe could not believe that child son, Daryll, had been sentenced only
protection in the UK had got to the state that it is in today, and we very three months earlier to eight years
much hope that this kind of exposure will reap its reward and result in imprisonment for child sex abuse,
change. following his arrest on 30th January
1999 and his eventual trial which
Given the success we have had I would certainly recommend that FACT
ended on 12th January 2001.
grasp any approaches from EU countries with gusto as it is apparent that
when confronted our fellow EU cousins are visibly shocked by the extent She was angry, outraged and
determined to clear his name. Here
and consequences of false allegations of child abuse”.
was some feisty lady, we thought.
Well done PAIN. The programme, UK’s Stolen Children which was And so it turned out.
broadcast on the 27th November 2010 was very well received and,
Together with FACT she fought
incidentally, broke the record of audience and podcast listening for the
against all the odds; and odds they
programme.
certainly were. First one Appeal
failed. Then another.

Chris Saltrese Solicitors Daryll's spirit was broken and he

died in his cell on 27th August 2002.
mail@chrissaltrese.co.uk www.chrissaltrese.co.uk/
This, of course, made her fight even
Chris Saltrese Solicitors is a law firm providing a premium service in representing harder. When her husband, Ken,
clients accused of sexual offences and domestic violence, in criminal proceedings. died she still battled on, involving
every MP she could muster. Her
We have unrivalled expertise in these areas, both regionally and nationally.
health started to fail.
Many of our clients face allegations as a result of:
And then, at long last and 5 years
Ÿ domestic or relationship disputes,
and 5 months after Daryll was
Ÿ contact disputes, sentenced, his conviction was
Ÿ mental health problems, overturned in the High Court.
Ÿ financial incentives Molly’s campaign was featured in
and have no prior experience of the criminal justice system. Often these the Daily Mail, The Times and on TV.
allegations involve uncorroborated, historic allegations. Being Molly, she continued to
In this complex arena specialist legal advice and representation is vital especially as support FACT and gave a rousing call
recent changes in the law, designed to convict genuine offenders, also put the to arms at the May 2006
innocent at greater risk of injustice. Conference, when she was
We particularly welcome carers, teachers, and health care professionals who have presented with a bouquet of
been accused of abuse and are likely to be subject to a criminal investigation. flowers; a recognition of our love
Where allegations have been made we would be happy to advise, whether or not and admiration. She remained close
criminal investigations are underway. to FACT until her death on 14th
For further information please contact January 2011 aged 93.
Chris Saltrese Solicitors Feisty: adj. aggressive, exuberant, spirited,
tough. Synonym : Molly Gee. R.I.P.
13 Scarisbrick New Road
Southport, PR8 6PU
Phone: 01704 535 512
Rory

Feb 2011 Page 3

 Presumed Guilty
We are pleased to report that the
Presumed Guilty briefing paper is
now with the printers. It has been
titled Presumed Guilty - the plight of
falsely accused and wrongly convicted
carers and teachers.
Plans are in hand to send copies to
members of the House of Commons
and the House of Lords on a targeted
basis with a view to asking them to
take on specific issues identified in
the report.
Priority will be given to serving MPs
who were, or are, on the Home
Affairs Select Committee, The Justice
Committee, The Education
Committee (previously known as the
Children, Schools and Families
Committee), members of the All Party
Group on Abuse Investigations.
Copies will also be sent to key
members of the Scottish Parliament,
the Northern Ireland and Welsh
Assemblies, and the House of Lords.
We are not in a position whereby we
can circulate it to every
parliamentarian or assembly member
but it is important that we engage
with all parliamentarians, whatever
their political persuasion, who might
be sympathetic to our cause.
If you think your MP or Assembly
Member would be receptive to the
document please let us know. We can
either send it directly or better still
ask you to do so as a Constituent -
that way you can help ensure a
personal as well as a global response.
A lot of care has been taken to ensure
that the needs of the wrongly
convicted as well as the falsely
accused have been addressed in the
document, and that equal weight is
given to carers and teachers. The
document will also interest MPs and
others who are concerned about CRB,
ISA and listing issues.
Copies will also be sent to the media,
academics, relevant Government
agencies, and scrutinisers of
Government policy. This has been a
major undertaking so please give it
your full support.
Page 4
It seems to me …
The tragic murder of Joanna Yeates in Clifton, Bristol at Christmas achieved
nationwide publicity. Murder at any time is nothing less than horrific, but at a
time of the year when families are traditionally drawn together, this crime,
which shatters the family unity, is so very, very stark.
The media, lacking the usual supply of political dramas during the Christmas
recess were able to devote themselves to maximum coverage. Within days
Joanna’s landlord, who lived in the flat above her, was arrested.
Chris Jefferies, a retired 65 year old teacher, was described as “a bachelor who
sports a distinctive mane of straggly white hair, and plays a prominent role in his
local Neighbourhood Watch group. He is also a member of a local historical
group dedicated to conserving buildings in the area”.
Am I sensitive, or is the BBC (for this is their quote) suggesting that this
description automatically makes him a likely suspect?
One again we see the media confusing “arrest” with “charge”. Mr Jefferies was
arrested, presumably under caution, so he could be questioned, with the
support of a solicitor.
The police would naturally look firstly at those nearest to the victim – her family,
her boyfriend, her work colleagues, her social colleagues – and her
landlord/neighbour. Each would be eliminated from the enquiry as evidence to
support their innocence emerges. For someone like Mr Jefferies who lives alone,
providing such evidence is probably more difficult than it would be in the case of
those who live with others who can vouch for their whereabouts and behaviour.
On New Year’s Eve the Attorney General announced that he was considering
issuing a notice to remind the media that coverage of the arrest in the Jo Yeates
murder inquiry must be fair. The Contempt of Court Act restricts publication of
information that could seriously prejudice a future trial. Attorney General Dominic
Grieve MP was sufficiently concerned that if Mr Jefferies was indeed charged a
fair trial might be impossible. He said that if necessary he would take action.
Does this not support, yet again, that accused people should remain anonymous
until charged? However, will the coalition government do anything about
changing this law? Watch this space – but don’t hold your breath! What is
needed is that not only should the name not be released, but that it would be an
offence if the media did anything to identify a suspect.
On 2nd January Mr Jefferies was released on police bail. This presumably means
that at the time the police did not have sufficient evidence to charge or indeed
clear him. However, later the same day, police issued a caution to women to
take “usual precautions for their safety”. Chief Supt John Stratford, of Avon and
Somerset Police, said patrols would be maintained to reassure the public. Mr
Stratford said: "I can understand why the public in the local and wider Bristol
area have concerns for their safety at the current time. Whoever killed Joanna
remains at large.”
Now, as January passes, all mention of Mr Jefferies has ceased. The talk is about
DNA-ing all males in the Bristol area .... There will be those who will, perhaps
only privately, say “there is no smoke without fire”.
Isn’t it time that anonymity should be given to suspects until charged, or even,
especially in horrific cases like this which attract so much media publicity, until
found guilty in a court of law? What do you think?
S.E. Ems
October 2011
Feb 2011
 Santa Upsets Regulatory Authorities FAAS to Launch Bid to
It has emerged that following an intensive investigation by the CRB in London, Expose False Accusers
Father Christmas, aka Santa Claus, was denied his mandatory certificate False Allegations Action Scotland is
permitting him to work with children under the age of 18 over the festive period. calling on ministers to make sure
A spokesman for the CRB said "We don't normally comment on such decisions that those whose lies are exposed
but I would say this to Mr Christmas - if that is his real name. It is beyond belief can be publicly shamed.
that an elderly male - with a dubious background history and various aliases to They are set to launch a bid to get
say the least - who also has a record as long as your arm for giving millions of the law altered in Scotland.
vulnerable children 'presents' 'sweeties' and 'treats' for being, as he himself
Spokesman Eamonn Kelly said:
admits, 'nice' to him - should be allowed to continue this practice. It sets the
"There are doting dads who have
wrong example. Christmas
been falsely accused of the worst
should be about protecting
kind of abuse against their own
children not indulging them with
children.
presents."
"It's calculated to destroy a father's
"The fact that Mr Christmas also
relationship with their child forever
freely admits to employing elves,
and to wreck his personal life too.
breaking into homes and
stealing sherry, whisky and other "We've noticed that when the claims
alcoholic drinks, along with are proved to be groundless, there is
assorted festive sweetmeats no investigation. The police do
before getting back into his nothing, the courts do nothing.
transport has also been noted. "Women who make up rape
"Whilst it is entirely a matter for the Police we understand that they intend to allegations are charged and often
carry out a major historic abuse investigation throughout the UK and, if jailed so why, when people make up
necessary, to trawl for victims going back to the beginning of time." stories of child abuse, are they
allowed to get off scot-free?"
When asked for his comment all Father Christmas would say is "its a load of
humbug. I have been doing this for years and no has ever complained before.
HAS YOUR MP BEEN
Tell the children not to worry I have some dear friends who will make sure they
all get their presents! SUPPORTIVE ?
F.A.C.T. is currently updating its
"I always thought CRB stood for Come, Rejoice and Believe not the Christmas
database of MPs who are supportive
Ruined Bureau."
to its aims or have a special interest
in education, social care provision or

McSparran McCormick
justice issues. If your MP has a
special interest in any of these areas
or you have received good support
McSparran McCormick is a family firm of solicitors based in Glasgow from them please let the F.A.C.T.
with a well deserved reputation for its advocacy and for its secretary know.
friendly, efficient and professional service.

We firmly believe that everyone has a right to justice.

Happy Birthday
We specialise in educational law, employment law,
A belated
adult incapacity law, civil litigation and criminal law. happy birthday to
If you have been falsely or wrongly accused then contact:
Peter
McSparran McCormick
Waterloo Chambers, 19 Waterloo Street, Glasgow, G2 6AH 6th February
Tel: 0141 248 7962
Email: mail@mcsparranmccormick.co.uk
Happy Birthday Peter
Not long now.
When choosing any Solicitor, always make that decision in the Thinking of you
light of the reputation of the Solicitor, his experience and qualifications
and the family.

Feb 2011 Page 5

 Chairman Outlines his Vision for the Future
I was invited to meet F.A.C.T.’s new Chairman and to
interview him with a view to publishing his response in
FACTion. I agreed to do so strictly on the basis that I would
remain anonymous.
I met the Chairman on windswept day in Cardiff when he
told me that F.A.C.T. had been very fortunate in having
some excellent chairmen and women over the years and
that it would be a hard act to follow. He told me that he
hoped that his experience of being falsely accused, of
previously being national secretary, and his role in providing
direct support to members would stand him in good stead.
I put it to him that he seemed much more comfortable
supporting individuals than directly campaigning on their
behalf and the answer came as no surprise.
“Generally speaking yes but what I have learnt in
supporting individuals is that you only gain success by
diligent research and by rational and measured argument.
The same is true of campaigning. I am not one for banging
the drum - it deafens people to the message you want to
put across - confront the issues yes, but not the people
responsible for them. Angry exchanges are almost always
counter productive.”
Looking back on your role in manning the helpline and
representing members at various hearings what has struck
you most?
“I think the most striking thing for me has been the sheer
devastation false allegations cause not just to the
individuals concerned but also to their families, friends and
colleagues. I have also been struck by the courage and
determination of those who have been falsely accused to
obtain justice and how appreciative they are of any support
you can give them.
“On the other side of the argument I have also been struck
by the overwhelming presumption of guilt adopted by the
police, safeguarding workers and employers when
accusations of abuse are first made. It’s also very striking
that when the facts are set out common sense and
intelligent thought just seem to disappear.
“It is not uncommon to be told further action is justified
because the complainant’s account is credible yet when I
ask investigators what are the characteristics of a person
who makes truthful allegations they don’t really have much
idea. When I then ask them what are the characteristics of a
person who makes false allegations they are usually unable
to answer the question. Credibility it seems is simply based
on a perception or feeling held by the investigator and not
on any objective criteria.”
Page 6
You have talked before at conferences about the need for
an ethical evidence based investigative model - what do
you mean by this?
“It seems to me that the present system we have is ‘belief
driven’ rather than evidence driven. Professionals, including
police officers, seem to take at face value what is said to
them and justify this on the basis that they believe what it is
they are being told. It rarely seems to occur to them that
the accounts given may be well intentioned but wrong, or
indeed entirely false or even malicious.”
Why do you think this is?
“I think in part it is because in child protection, or to give it
its new title - safeguarding - the evidential threshold of
reasonable cause to suspect is so low - mere suspicion in
other words. Unfortunately this enables social workers and
others to ‘believe’ that the fact that an allegation has been
made is reasonable cause to be suspicious and to believe
that the allegation is true. In my mind this is completely
unethical. What is needed is a new evidence based
investigative model which is driven by the pursuit of the
truth and not by doubtful professional ideology.”
Is this why employers for example seem very reluctant to
find in the accused’s favour?
“Yes, although it’s more complicated that that. Employers
inevitably listen to the professionals. If the professional’s
view is skewed from the outset the employers view will also
be skewed. On issues of evidence employers ought not to
receive information from professionals uncritically. They
should, where necessary, challenge the evidence even
when it takes them down a different path to the received
view. Let me give you an example of what I mean.
“In employment cases the necessary standard of proof is
the balance of probability. This means that the employer
must establish that the accusation is more likely than not to
have occurred. However when you challenge what is
exactly meant by balance of probability it is not uncommon
to find that the investigating officer, or indeed the panel
hearing the case, have no real idea of what this means.
“When you ask them to evidence how they have weighed
up things in the balance you invariably get a list of factors
which just supports the accusations made. There is no
attempt to balance out the factors by listing both sides of
the argument
“When you ask them how they compute probability rarely
do you get a correct answer. What you often find is that
they have confused theoretical possibilities with actual
probability. Possibility can never be probability.
Feb 2011
“There is also one other important factor which acts as a
barrier to justice and that is the over whelming need for
employers to be risk averse when it come to safeguarding
clients. Most quite honestly say they would much prefer to
be criticised for having an over zealous safeguarding policy
than be criticised for being a poor employer. Many will
proudly state they operate a zero risk policy when it comes
to employing staff against whom some one, however
wrongly, has placed a question mark.”
What about those who contact F.A.C.T. because of police
involvement. What strikes you most about their
involvement?
“Well to be fair the police do take an evidential approach
although it sometimes appears very one sided. It seems to
me many police officers are driven largely by a need to
secure a conviction at all costs, and often regardless of the
truth. The over riding presumption is one of guilt.
“What is needed is some healthy scepticism about some of
the narratives given. What amazes me is how keen police
officers are to accept as truth, statements from people who
they know from previous involvement are habitually
dishonest and untruthful, without so much as questioning
their credibility.”
Looking to the future how do you see F.A.C.T. evolving in
the next few years?
“Before I answer that let me say this. Whilst it is important
we highlight bad investigative practice and poor judgement
we must be careful not to tar everyone with the same
brush. I have see some excellent examples of police work
and some truly independent investigative work by
employers but these are the exception rather than the rule.
It seems to me standards are variable within and between
organisations and that there is no consistency of approach.
“This I think raises fundamental questions about the need
for proper training for potential investigators. What we also
need is an investigative model that is evidence based,
promotes the search for the truth and applies the evidential
test correctly and without any prejudice.”
“Now to your question about F.A.C.T. I think it is very
important we all remind ourselves that F.A.C.T. was
established to help both the wrongly convicted and falsely
accused. Whilst we must always keep those who have been
subject to criminal investigations at the forefront of our
minds – especially those who have been (or are) in prison -
we must also acknowledge that the majority of falsely
accused carers and teachers are accused in a work context.
“I also think we need to remind ourselves that F.A.C.T. is
primarily intended for carers and teachers, irrespective of
whether they work with children or adults. Neither is it my
intention to seek changes to our existing policy in respect of
providing support to domestic cases. I think it is right that
Feb 2011
we should not advertise our services to, or canvass support
from, those falsely accused as a result of their domestic
situation. However, if approached, I think it is right we
should use our discretion as to whether or not we should
support them.”
You said in your AGM address to the members that you
wanted to see F.A.C.T. to be issues led. What do you mean
by that and what issues are you talking about ?
“If we look at F.A.C.T.’s history what we see is that initially
people sought support from each other when it became
clear they were victims of the same police operation. There
was comfort and strength in numbers.
“When later it became clear that several police forces
throughout the UK were undertaking similar investigations
into allegations of past abuse in children’s homes and
residential schools several individual campaigns across the
regions came together together for mutual support. This
quite properly led F.A.C.T. to model itself on regions.
“In recent years it has become clear that police forces are
no longer targeting individual establishments in the way
they did in the late 1990’s. With some exceptions the
pattern now seems to be that the police are rarely
interested in trawling for allegations within establishments
but rather in pursuing allegations against individuals rather
than groups of staff. So what we are left with is a shift in
police tactics where the issues are the same but the impact
on groups of staff is quite different.”
Are you saying that the regional model which has stood
the test of time has now run its course.?
“To be honest I don’t know. Regions were essential when
police operations were mounted on a regional basis but as
this is no longer the case we need to adapt to the changing
situation. It is much more important, I think, to confront the
issues which affect us all now than to remain welded to the
past.
“We have also to acknowledge the fact that the regions are
in decline and that they will all soon reach the end of their
shelf life. This does not mean I do not value what they have
done and achieved. I do. F.A.C.T. would not exist today but
for the regions.
“The reality is that F.A.C.T. is a UK wide organisation and is
driven more by issues we have in common than by
geography. We simply need to develop a better
membership model which will sustain us for several years to
come, than the regions can provide.
“At the moment the distinction between being a member
or not being a member is not very great. I think it is
essential that members obtain added value from belonging
to F.A.C.T. Equally I think we are a little too generous in
allowing individuals to have all the benefits of members
without belonging to F.A.C.T.”
Page 7
How can this be achieved?
“What I would like to see is a
separation between the universal
need to make people aware of issues
relating to false allegations of abuse
and the specific need to give direct
information and support. I think it is
not unreasonable that we should
expect those who we give direct
support to to become members. I
think it is important we make the
F.A.C.T. website more member
focused.
Can we return to the question of
F.A.C.T. being issues led. What kind
of issues do you think F.A.C.T.
should be concerned with?
“Well many of them are already of
F.A.C.T.’s agenda. These include
prison issues such as Parole, the SOR,
and the right to maintain one’s
innocence without penalty or
detriment.
“There are also a series of issues
around the law concerning legal
barriers to a fair trial which we need
to take forward. There are also
several police issues (e.g. trawling,
historic investigations), child
protection issues (e.g. evidential
reliability, flawed science and risk
assessments) as well as a range of
issues to do with employment and
investigative practice which I
touched upon earlier including CRBs
and the work of the various listing
bodies.
“In my view it would be much more
productive if we could invest what
ever capacity we have got in
addressing these issues than in
promoting regional interests. That
way every one benefits.
“What we need are individuals who
can champion these causes and take
them forward on F.A.C.T.’s behalf.”
Does this mean you have a long
term view of what needs to be
done?
“In terms of my own leadership I will
inevitably focus more on the mid to
Page 8
long term than day to day issues. I want us to be more pro active in the areas
that matter. With this in mind I have set myself the target of doubling our
membership over the next three years. I want to see the National Committee
expand and for each of its members to have a defined role which reflects their
knowledge, skill or special interest.”
When finally it comes to you handing over the baton what do you hope your
legacy will be?
“To be honest I have never thought about things in terms of legacy. In some
ways it would be quite nice to think that an organisation like F.A.C.T. is no longer
needed but that is unrealistic. I would hope that F.A.C.T. remains strong and
continues to adapt to changing circumstances. It’s important it remains a
member driven organisation, and it achieves the necessary balance between
providing personal support, and its campaigning role role for falsely accused
carers and teachers.
“I would very hope that F.A.C.T. remains a positive influence for change and that
all who come into contact with it respect its contribution and value its opinions.”
Government Plans to Make it More Difficult
to take Cases to An Employment Tribunal
The Government has announced plans to increase the qualifying period for
unfair dismissal claims from one to two years and suggested fees for taking
employment tribunal cases under plans to reform the system.
Ministers laid out a series of "important reforms" for consultation aimed at
improving the way the "costly and time consuming" employment tribunal
system worked. Tribunal claims rose to 236,000 last year - a record figure and a
rise of 56% on 2009 - and business has to spend almost £4,000 on average to
defend itself against a claim, said the Government.
"We've heard loud and clear the concerns from businesses up and down the
country that the system has become too costly, takes too much time, and that it
is too easy to make unmerited or vexatious claims.”
Clarke and Hartland 029 2048 3181
Solicitors www.clarkeandhartland.co.uk
48 The Parade
Roath enq@clarkeandhartland.co.uk
Cardiff, CF24 3AB
Clarke and Hartland Solicitors are a well established firm of solicitors based in
Cardiff with over 20 years legal experience.
We provide a range of legal services and also specialise
in CRIMINAL DEFENCE work.
We have developed a reputation for excellence throughout
Cardiff and the surrounding area.
We offer personal attention with a professional,
friendly, reliable and efficient service and competitive rates.
We provide high quality legal services which you can rely on.
Clarke and Hartland have successfully defended a number
of cases where allegations have been made against
carers, teachers, and other professionals.
Feb 2011
 CPS Establishes Specialist Appeals Unit Obituary
The Crown Prosecution Service (CPS) has established a specialist Appeals Unit Members of FACT will be sorry to
that will take on new cases in the appeal courts, including all work involving learn of the passing of Mrs. Hewitt,
the Criminal Cases Review Commission and Unduly Lenient Sentences Unit. Margaret Hewitt’s mother following
a lengthy period of poor health.
Keir Starmer QC, the Director of Public Prosecutions, said: “The CPS is already
committed to providing a first-rate service at every stage of a prosecution. Born in Belfast, Northern Ireland on
This new unit extends that commitment to the appeal process. 20th October 1916 Mrs Hewitt had a
very hard and difficult life. Her
“Our dedicated team will hone their expertise and be the point of contact for
mother died when she was seven
lawyers and courts across England & Wales, enabling us to provide a high- years old and at the age of sixteen
performing and streamlined service to all concerned parties.” her father was kicked by a horse and
Master Venne, Registrar of Criminal Appeals, said: “I unreservedly welcome died of his injuries.
the establishment of the CPS Appeals Unit. This development will improve Mrs Hewitt was from a farming
the service which the Court of Appeal provides to appellants and the criminal family and married when she was
justice service as a whole”. seventeen years old to a farmer who
The Appeals Unit, which is part of the Special Crime Division at CPS in turn died of cancer in 1945 leaving
headquarters, was initially set up in June 2010, but it has been taking on Mrs. Hewitt, who was expecting
work in stages and was formally launched on 26 January 2011. It now handles another child, to manage the farm
all appeals against final decisions in the Administrative Court and the Court of and to care for the family of two
sons and two daughters. Just a few
Appeal and all cases in the Supreme Court.
months later, Margaret’s youngest
The unit will be fully staffed by 14 lawyers and 24 paralegal staff by the end sister was born.
of March. It can be contacted at: CPS Appeals Unit, Rose Court, 2 Southwark
Margaret says “Mum was anxious
Bridge, London, SE1 9HS.
for us to have a good education and
we were all sent to Grammar school.
Teachers are to be granted anonymity What a great Mother she was,
when pupils make allegations against them always at home to greet us, we
The Government have announced that teachers are to be granted anonymity enjoyed her cooking and baking and
when pupils make allegations against them, which will only be lifted if a I believe she sacrificed her life for us
charge is made. children”.
The proposals are set out in Michael Gove’s Education Bill, which also gives In 2006 her health deteriorated. She
teachers new powers to search pupils. had two strokes and was cared for
by Margaret who stayed with her
Teachers who are subject to allegations by pupils will be protected under
constantly during the latter part of
new proposals in the Education Bill.
her life.
Heads will have the final say on expulsions – stopping independent appeals She accepted Christ as her Saviour
panels from forcing Heads to accept children back into school. when she was only eight years old
The Education Secretary said the moves are necessary to reverse the ‘out of and relied on the Lord for every
control’ behaviour which has driven teachers from the profession. thing.
Every school day nearly 1,000 children are suspended from school for abuse She told Margaret that she could not
and assault. Major assaults on staff have reached a five-year high. Last year, have coped without God’s help and
44 teachers were taken to hospital with serious injuries. visited Margaret every week whilst
she was in prison despite her age
Teaching Unions praised the moves to protect teachers from false allegations
and failing health. She had total
but expressed concerns about extended search rights.
belief in her daughter’s innocence
The Bill also sets down measures to free schools of bureaucracy by axing and was confident that God would
quangos and abolishing unnecessary form filling. Mr Gove said: “We’re taking answer her prayers and that she
action to restore discipline and reduce bureaucracy. would win her Appeal and that her
Teachers will be free to impose the penalties they need to keep order – and innocence would be believed.
free from the red tape which swallows up teaching time. So they can get on Our thoughts are with Margaret and
with their first duty – raising standards.” her family at this difficult time.

Feb 2011 Page 9

 Postal Votes
The National Committee agreed in
principle to support a proposal that
anyone who for reasons of illness,
infirmity (including disability), or any
other unavoidable reason cannot
attend an Annual General Meeting (or
an EGM) may apply for a postal vote.
The proposal will however require
some changes to be made to the
F.A.C.T. constitution.
A motion will be placed before the
membership for their approval at a
special EGM which will take place
immediately before the Spring
conference but will only come into
affect at the AGM in September.
The exact wording has yet to be
decided but will be circulated at least
21 days before the EGM takes place.
These changes will enable absent
members to vote on possible changes
to the Constitution as well as in any
contested election for positions on
the National Committee.
Juries Unwilling to Convict
Police Officers
An study by the Independent Police
Complaints Commission has warned
of a failure in care of vulnerable
prisoners – and says juries are
unwilling to convict police officers.
According to a watchdog’s report a
total of 333 people have died in or
following police custody over the past
11 years, but no officer has ever been
successfully prosecuted.
Prosecutions were recommended
against 13 officers based on
“relatively strong evidence of
misconduct or neglect”, but none
resulted in a guilty verdict.
Calling for further research, the
Independent Police Complaints
Commission said juries were unwilling
to convict police officers.
“We have a jury system that is as
good as anything in the world, but it is
clear that juries quite often find it
difficult to convict police officers.”
Page 10
Michael Paulin to speak at F.A.C.T. Conference
Michael Paulin, a barrister who specialises in both employment law, and public and
administrative law, has agreed to address F.A.C.T.’s Spring conference.
Michael has acquired experience in a range of courts and tribunals, including county
courts, employment tribunals, professional disciplinary tribunals, the Court of Appeal
and the House of Lords (Supreme Court). Many of his cases have involved
challenging public bodies and institutions.
The conference will take place in Birmingham on Saturday 28th May. The Theme will
be “ The Plight of the Wrongly Convicted and Falsely Accused Carers and Teachers”.
Other speakers included Gabe Tan (Innocence Projects) and Ingrid Karmark, both of
whom have undertaken independent research into the plight of the falsely accused.
The provisional timetable will be:
11:30 - 12:10 Gabe Tan on Wrongful Imprisonment: From Victimhood to
Survivorship (40 mins)
12:15 -12:30 A personal account by a falsely accused man
Lunch (say 12:30 to 1:45)
1:45 - 2: 00 A personal account by a falsely accused man
2:00 - 2:45 Michael Paulin Barrister (title to be confirmed)
2:45-3:10 Tea/Coffee
3:15 - 3:40 Ingrid Karmark (title to be confirmed)
3:40 to 4:00 Questions (time permitting)
The speakers have all been chosen because of their expertise and because they are
keen to pass on information which will be relevant to those who have ongoing
disputes with investigative bodies. Please make every effort to attend.
We also plan to use the occasion to reveal Dr Michael Naughton and Gabe Tan’s new
book Claims of Innocence: an introduction to wrongful convictions and how they
might be challenged, and also FACT’s recently published briefing paper Presumed
Guilty - the plight of falsely accused and wrongfully convicted carers and teachers.
Copies of both books will will be given free of charge to those who can use them.
CrimeTeamWe specialise in all aspects of criminal defence work including
Magistrates Courts, Crown Court Advocacy, High Court, including
the Court of Appeal and referrals to the CCRC
We also advise UK wide on prison law including:-
Ÿ Prison Adjudications Ÿ Tariff Representation
Ÿ Sentence Planning Ÿ Lifer panels
Ÿ Re-Categorisation Ÿ Human Rights Issues
We are the managing firm of the Historical Abuse Appeal Panel
(HAAP) and have an unrivalled reputation for dealing with
abuse allegations in a historical context, especially those where
multiple or serious sexual offences are alleged to have taken place.
Crime-Team is a division of Jordans LLP
4 Priory Place, Doncaster, DN1 1BP
01302 365 374
Feb 2011
 A teacher falsely accused to launch a final bid Diagnosed with clinical depression
and anxiety, he has not worked
to clear his name after a seven-year battle since and has only recently felt
A teacher falsely accused of groping schoolgirls is to launch a final bid to clear capable of pursuing the matter.
his name after a seven-year battle in which the allegations on his police record
If his appeal is allowed, Mr King will
have prevented him from getting another job. argue that a conflict of law
Robert King, 45, was acquitted of sexually assaulting four girls following a prevented the employment tribunal
criminal trial but was subsequently fired from his job and lost an appeal in from allowing him to return to work
which he claimed unfair dismissal. as it was awaiting the result of a
government safeguarding inquiry,
Due to his lack of financial resources, Mr King will represent himself when he
which could have barred him from
appears before the Employment Appeal Tribunal in a bid to win the right to
working with children.
lodge an appeal against Sheffield City Council’s decision to uphold his dismissal.
The Children’s Safeguarding
He said: “When I was acquitted of the charges, I left the court with my head
Operations Unit confirmed in 2008
held high.
that the Secretary of State, then Ed
“But these malicious allegations have stopped me from doing a job I love. Balls, had decided not to take any
“I can’t afford to give up on it now. I’ve lost everything already and I’ve nothing action preventing him from working
more to lose.” with children under Section 142 of
the Education Act, widely known as
Matters are Critically Important for Teaching List 99.
“These matters are critically important for teaching as a whole, not just Mr King said: “The tribunal decision
myself.” was both perverse and statutorily
In May 2004 Mr King was suspended from Handsworth Grange Community unfair as they did not have the
Sports College in Sheffield, where he had worked for two years, after four girls ability to return me to work.”
alleged that he had touched them inappropriately.
Mr King, who gave up a 15-year career with the Postal Service to retrain as a Watson Woodhouse
teacher, claimed he was the victim of a “witch hunt” by friends of a boy whom
he had been instrumental in excluding. Solicitors
Norfolk Place
Acquitted Berwick Hills
He appeared at Sheffield Crown Court in October 2005 and was acquitted of Middlesbrough
four counts of sexual assault and two charges of sexual activity with a child. TS3 7PB
Despite the jury’s verdict, school governors formally dismissed him in May
2006. 01642 247656

Among the reasons given for his dismissal were that he played snooker and Ranked as a leading criminal
bowls in the school’s catchment area while suspended and used “industrial solicitors in the North East
language” in the classroom, including the phrase “shut the book up”, when Criminal Law
trying to attract pupils’ attention.
Prison Law
One student reported him for using the word “rubber” instead of eraser in Actions Against
class, which she claimed had a sexual connotation. the Police
A year later, Mr King lost his unfair dismissal case at an employment tribunal Personal Injury
when Sheffield City Council successfully argued that there had been a
Family, Housing and
“breakdown in trust and confidence” as well as citing other matters.
Mental Health
The false sexual allegations remain on the council’s “dismissal register” as well
as on Mr King’s CRB certificate, ensuring that he has since failed to get work We also provide a 24 hour,
with local teaching agencies. 7 days a week response to any
client arrested and seeking
Forced to Give Up Voluntary Work
assistance in the Police Station.
He has also been forced to give up the 2,000 hours a year voluntary work he
did with the Red Cross and local Army and Air Cadets.

Feb 2011 Page 11

Thousands could sue Government over unlawful ‘child protection’ sackings
It has been reported (Daily Telegraph
31st January 2011) that three nurses
who were banned from working under
a controversial vetting scheme are to
launch a major test case against the
Government in the European Court.
The move will embarrass ministers
and could lead to hundreds more
workers taking legal action, at a cost
of millions of pounds to the public
purse.
The three nurses bringing the case all
lost their jobs following minor
offences which were not deemed
serious enough to go to court, but
which resulted in them being handed
police cautions.
One of the nurses broke the law by
leaving her 11-year-old son at home
alone while she went shopping.
Another was cautioned because while
he was at work, his wife left the
couple’s children alone for a short
period. The third kissed a colleague
without permission.
Under the rules of the vetting scheme
– introduced in 2009 with the
intention of protecting children from
paedophiles – the cautions meant
they were automatically barred for 10
years from working with under-18s or
vulnerable adults.
The nurses, who have not been
named, took their case to the High
Court, which ruled that their
treatment had been unlawful because
they were not given the opportunity
to put their side of the story before
being barred. They are now suing for
loss of earnings and other damages.
The court case comes amid growing
concern over the number of people
being caught by the vetting and
barring scheme, which was drawn up
under Labour and is currently under
review.
A 10-year ban is imposed
automatically on anybody who
receives a court conviction or a police
caution for a specified range of
offences under the scheme run by the
Page 12
Independent Safeguarding Authority (ISA), a government quango.
Despite the High Court ruling in November, the automatic ban or “auto-bar” is still
being applied.
Just under 1,000 people were punished by the ISA under the auto-bar rule in the
seven weeks between the High Court case and the end of December, according to
the latest figures. One in three had been cautioned rather than convicted.
When the ISA was set up in January 2009, as part of the UK’s biggest overhaul of
vetting arrangements, it inherited a list of 16,000 people barred from working.
Since then the number has more than doubled, with a further 17,000 people added
to the list – almost all of them under the auto-bar rule. Over a quarter had been
cautioned, not convicted.
At the same time, hundreds have appealed to the ISA against their bans and won
their cases, raising questions over whether the punishment should ever have been
imposed.
Ordering the three nurses to be reinstated, Mr Justice Wyn Williams ruled in the
High Court that not giving them the chance to put their side of the story before
they were sacked was a denial of their fundamental “right to be heard”.
Jonathan Green, senior solicitor for the Royal College of Nursing (RCN), which is
backing the nurses, said: “It seems alien to our justice system that we have an area
where we mete out punishment without carrying out an investigation.”
Dr Peter Carter, the RCN’s chief executive, said: “The protection of children and
vulnerable people is of the most critical importance but we have had long-standing
concerns about the scheme’s procedural fairness”.
The RCN said being placed on the “barred” list had caused them to suffer
“emotional and financial hardship”. Mr Green said that the court ruling would
open the way for other people who had been barred automatically to lodge claims
for compensation.
“Their human rights have been found to be infringed by the auto-barring process
and so they are, prima facie, entitled to compensation,” he said.
Just under 1,800 of the 13,150 people barred automatically last year have lodged a
written appeal and so far 812 have been successful and removed from one or both
of the barred lists.
Josie Appleton, director of the Manifesto Club, which campaigns against excessive
regulation in everyday life, called the vetting and barring scheme “a gigantic
exercise in blame avoidance”.
She said: “Politicians have passed the buck to the ISA whose caseworkers apply
largely automated procedures to make decisions about risk. These gross
miscarriages of justice show how wrong-headed this policy is.
“It is important to protect children and patients, but this cause is not helped one
jot by barring innocent people.”
Tim Linehan of Nacro, who manages the criminal justice charity’s Change the
Record campaign, said: “Many people are being provisionally barred on the basis of
minor cautions, solely because the law requires this rather than because of any
actual risk assessment of the individual”.
An ISA spokesman said: “The ISA delivers its responsibilities as set out by the
current Safeguarding Vulnerable Groups Act. The Coalition Government is
undertaking a review of the Vetting and Barring Scheme and we await its
outcome.”
The government review is expected to produce a preliminary report in February.
Feb 2011
 Court of Appeal Rules that it is Not Possible professional police officer, but his
relationship with Mr Desmond was
to Sue the Police over CRB Negligence Matters not analogous with that of a health
The Court of Appeal has ruled that it is not possible to sue the police in care professional and his patient.
negligence for not filling in an Enhanced Criminal Record Certificate (ECRC). (para 50)
The ruling shows that the courts are still reluctant to allow negligence claims On the final point, it is a well-known
against the police, and provides useful guidance as to the duty of care of public principle, going back to the 1914
authorities towards the general public. case of East Suffolk Rivers Catchment
Vincent Desmond was arrested in 2001 for a late-night sexual assault in Board v Kent, and through a number
Nottingham. He denied the crime, and a week later the police decided to take no of notable recent judgments
action against him. When closing the file, a detective constable wrote in his beginning in 1996 with Stovin v Wise,
notebook “It is apparent Desmond is not responsible for the crime. The that public authorities operating
complainant visited and cannot state for certain if Desmond is responsible.” functions imposed by statute do not
have a common law duty of care
Desmond heard no more of the matter until, in July 2005, he applied for an
unless it is provided for by the
Enhanced Certificate of Disclosure as part of a teaching job application.
statutory language, or in special
When asked, Nottinghamshire police revealed that he had been arrested and circumstances where an authority
could not be charged due to insufficient evidence, but did not enlarge on those has assumed an obligation to a
details, save to say that the relevant police officer had retired and therefore it claimant to act in a particular way.
was not known why Mr Desmond was not charged.
An example of special circumstances
Mr Desmond sued the police in negligence. The question before the court of would be when an NHS surgeon has
appeal was whether the police owed Mr Desmond a duty of care, which is an agreed to operate on a patient. But
essential ingredient of any successful negligence claim. not, as the court of appeal made
Early in the judgment, Lord Justice Leveson made clear that if there was a duty of clear, in cases involving ECRCs.
care, then the police had arguably breached it for not providing enough detail for This ruling is the latest to consider
the person compiling the ECRC to decide whether to disclose the information or the controversial central police
not. database and ECRCs. Since ECRCs are
The court went on to confirm, in strong terms, that the police had no duty of required for an increasing number of
care towards Mr Desmond, for four main reasons. jobs – including any working alone
The first was that section 115 of the Police Act 1997, which provides for ECRCs, with children or vulnerable adults –
does not impose a duty of care on those being checked under ECRCs. Rather, it their legal status, and the checks and
expressly seeks to protect children and vulnerable adults. This is the purpose of balances available to challenge poor
the scheme. The court stressed, in a point which can be applied to other public decisions made to disclose
officials carrying out statutory duties: information, is important to many.

The Chief Officer acts pursuant to a statutory duty. In so acting, he does not This case takes those checks and
assume a responsibility which the statute has not obliged him to undertake (para balances no further. ECRCs were the
48) subject of a 2009 Supreme Court
judgment, R(L) v Commissioner of
Secondly, the statute does not provide or envisage a remedy in compensation or
Police of the Metropolis, in which
damages for breach of statutory duty. It is not, therefore, for the court to invent
the court ruled that information held
one.
on the central police database was
Thirdly, if there was a duty of care to Mr Desmond, this could conflict with the part of a person’s “private life” as
duty owed by the police to children and vulnerable adults: protected by article 8 of the
It was important that an officer should not be inhibited by the possibility of European Convention on Human
proceedings for breach of a conflicting statutory duty of care to Mr Desmond. Rights. As such, when the chief
(para 49) officer of police is deciding whether
to disclose information held on the
Finally, and as to whether there was a common law – that is, non statutory –
database, he has to decide whether
duty of care:
a job applicant’s right to respect for
There was no particular assumption of responsibility beyond that required by the private life outweighed the social
proper performance of the statutory duty. There was no sufficient relationship need to protect children and
between the chief officer and Mr Desmond such as existed, for instance, in vulnerable adults.
Spring and Phelps. Certainly ACC Ditchett, as the chief officer’s delegate, is a

Feb 2011 Page 13

So, a poor decision relating to an
ECRC can give rise to a claim for
damages under the Human Rights
Act. Indeed, Mr Desmond has
brought such a claim. But he wanted
to take his grievance further, and to
challenge the police in negligence.
It was highly unlikely that the court
would allow this expansion in the
law of negligence. Courts are
generally reluctant to impose new
duties of care on public authorities,
and this is particularly so in the case
of the police.
The fact that Mr Desmond had other
remedies available to him, including
a Human Rights Act claim, made it
all the more unlikely.
The view of the English and
European courts has traditionally
been, as stated by Lord Justice
Leveson, that “public policy requires
the law to hold that the police do
not owe a duty of care to victims of
crime, for instance, or witnesses in
the performance of their normal
operational duties”. The reason is
that the police should not be
inhibited from going about their
crime prevention duties for fear of
damages claims.
The only exceptions are in cases
where the police assumed
responsibility to take reasonable
care in the particular circumstances
of the case. This was not such a
case.
It seems unlikely that the English
courts will allow for the police to be
sued in negligence in other
scenarios, unless this is the will of
Parliament or, perhaps, the
European Court of Human Rights.
For Mr Desmond, he will at least be
encouraged by the criticisms of the
police’s conduct of his ECRB check,
meaning his human rights claim
seems likely to succeed.
Acknowledgement: This article first
appeared in the UK Human Rights Blog
Page 14
False Accuser Confesses
to Making Up Allegations
A father of three says he has lost two decades of his life after being falsely
accused of sexually abusing a 14-year-old girl.
Ian Henderson served 16 months in jail alongside sex offenders at Wandsworth
prison after being convicted of indecent assault in 1990.
The former coach driver, 47, is in line for substantial compensation after his
alleged victim, Carrie Crownshaw, confessed to making up the accusations, 20
years after her evidence saw him jailed.
Mr Henderson, from Stanmore, says his wrongful conviction is the main reason
why he has not worked since 2002. In recent years, many jobs would have been
closed to him because of the need for a Criminal Records Bureau check that
allows access to children and vulnerable adults.
He said: “Every time I try to start getting on my feet I get kicked off again
because of what happened. The ghosts keep reappearing. All I have done for
the last 20 years is survive. I haven’t done the things I would have liked to do,
such as buying a house.
“To be taken away at 27, that is the prime of your life, when things start
happening like getting married and having children. All that has been taken
away, I can’t replace it.”
Mr Henderson was cleared at the Court of Appeal last month after Crownshaw,
34, confessed to police that the abuse accusations were untrue.
She had alleged that an indecent assault was carried out by Mr Henderson, who
had been in a relationship with her mother, in December 1989.
Crownshaw confessed after a therapist urged her to “come forward” because it
was “important to the counselling process”. She was prosecuted for perverting
the course of justice, and admitted the charge in May, receiving a suspended
sentence.
Mr Henderson feels she got off lightly. He said: “This could have been done
years ago. Even if it had been done 10 years ago it would have reduced the
harm.”
Mr Henderson, who has been married and had two children since leaving
prison, is now in a new relationship and has a young son. However, he says he
rarely goes out because of the stigma he suffered.
His barrister, Gareth Underhill, told his appeal hearing that he would be in line
for a substantial damages pay-out as the victim of a clear miscarriage of justice.
Mr Underhill added: “He spent 20 years with the stigma hanging over him for an
offence which was based on an entirely false allegation. It has blighted his life in
terms of employment prospects and relationships”.
10,000 Criminal Records Bureau (CRB)
checks wrongly sent to a journalist
A police blunder that saw the results of about 10,000 Criminal Records Bureau
(CRB) checks sent to a journalist was last night branded “unacceptable”.
A member of Gwent Police staff accidentally copied the wrong person into an
email containing the highly sensitive spreadsheet, it emerged yesterday.
The Information Commissioner’s Office (ICO) has ruled that Gwent Police were in
breach of the Data Protection Act for an incident which occurred in April 2010.
Feb 2011
 Book Review Strange But True
Miscarriage of Memory, historic child abuse cases - a dilemma for the legal A blind man lived alone in a ground
system, edited by William Burgoyne and Norman Brand et al. floor flat. A boy with learning
Published by the British False Memory Society. difficulties broke into his flat whilst
he was at home and demanded
According to a collection of articles based on real cases innocent people still go
money from the man
to prison because there is an inbuilt bias against those accused of historic sexual
abuse. When the blind man refused the boy
took the man’s box of matches, set it
This book not only demonstrates how many of those working in our legal system
on fire and pushed it into a drawer,
have such a poor understanding of the nature of human memory that
then closing the drawer.
miscarriages of justice are an almost inevitable consequence but also that in
order to avoid the innocent being convicted, police, lawyers and judges need to The blind man had previously had
fully understand the fickle nature of human memory. two fires, in the first he had burned
his arms attempting to put a burning
Miscarriage of Memory, edited by William Burgoyne, Norman Brand, Madeline cushion into the bath, in the second
Greenhalgh and Donna Kelly, presents factual accounts of prosecutions in the the fire was severe resulting in him
UK that were based entirely upon memories of sexual abuse recovered during being rehoused while repairs were
therapy in the absence of any supporting evidence. made.
Typically such cases occur when a vulnerable individual seeks help from a On this occasion, the boy was
psychotherapist for a commonly occurring psychological problem such as running around shouting, still
anxiety, depression, low self-esteem, and so on. At this stage, the client has no demanding money, and the blind
conscious memories of ever being the victim of childhood sexual abuse and is man was understandably concerned
likely to firmly reject any suggestion of such abuse. But all to often such denial is about the fire which the boy had
interpreted as evidence that the abuse really did occur. started, so he pushed the boy to the
This book details thirteen case histories, from over 2000 on record at the BFMS, floor.
where allegations of historic child sexual abuse involved evidence based on His neighbour hearing some
uncorroborated 'memories', often newly 'recovered' during therapy. commotion, came with the person he
Ÿ Five case-histories of women who have retracted their accusations, was with at the time and saw the
including details of the 2006 case: ‘Katrina Fairlie versus Perth and Kinross blind man pinning the boy to the
Healthcare NHS Trust’. floor and reported him to the police.
Meanwhile the fire had burned itself
Ÿ Three disciplinary hearings brought against therapists by the General
out due to lack of oxygen within the
Medical Council and the British Psychological Society.
drawer, which was a tight fit.
Ÿ And in a section on legal issues, the perils of ‘postdictive’ evidence, in which
The Police did nothing about the boy
psychological troubles in adulthood are regarded as retrospective proof of
breaking in, demanding money, or
sexual abuse in childhood, are examined by a solicitor in the case of an 81
arson.
year-old man acquitted in the Crown Court of historic allegations of abuse
made by a disturbed adult. A friend telephoned the blind man's
solicitor, offering a letter stating that
Earl Howe, Parliamentary Under-Secretary of State, Department of Health, and
the blind man was not a child abuser
formerly Vice-Chair of the All-Party Parliamentary Group for Abuse but the solicitor's office refused to
Investigations says in a foreword: “The need for the BFMS to publish a book accept it, saying it was not allowed
such as Miscarriage of Memory is itself evidence that injustices caused by a lack under the Data Protection Act. There
of understanding of memory throughout the legal system continue. appears to be some misunder-
Recovered false ‘memory’ is a problem that persists and therapists are still standing of, or misquoting of, Data
being disciplined by their professional bodies for engaging in activities that are Protection.
intended to reveal indications of past sexual abuse for which the client has no Following an investigation by the
memory”. child protection department, police
This most readable book is a timely reminder of how vulnerable we all are to dropped the case against the blind
false memories and how easy it is for some professionals to exploit the frailties man but took no action regarding the
of the human mind. It deserves to be widely read. boy’s behaviour in breaking into and
Copies of this book are available from Amazon, good bookshops or from the BFMS entering the house, setting light to
office by telephoning 01225 868682. Cost approx. £8.99 depending on supplier. the desk, and intimidating a
vulnerable man.

Feb 2011 Page 15

Times Calls for Action
The Times newspaper has called for
the balance of disciplinary power in
schools to be addressed. In a leading
article it draws attention the fact
that over 251 teachers were
assaulted by pupils last year, forty
one of whom needed hospital
treatment. It describes the
Government’s proposals to enable
teachers to maintain or restore order
in the classroom as ‘eminently
reasonable,’ and praises the
Government for granting anonymity
to teachers accused of misconduct
by pupils, many of which they say are
mendacious and end in acquittal.
Late News
It is with much sadness we report the
passing of Betty Starr. Betty was a
staunch supporter of F.A.C.T. and
had been ill for a few weeks.
She died in hospital just a few hours
before she was due to have surgery
to correct an obstruction in her
throat.
Betty will be missed by all who knew
her. She was a lovely person who
never had a bad word to say against
anyone. Our thoughts are with family
and friends at this difficult time.
Page 16
Essex barrister calls for a change in
the criminal records checking system
An Essex barrister calls for a change in the criminal records checking system
because dozens of innocent people across England are being denied job
opportunities.
Many professionals, including teachers and social workers, accused of offences
which never came to trial or were dismissed in court, find the way blocked when
they apply for new posts.
Alleged offences are often revealed to potential employers who make checks
with the Criminal Records Bureau (CRB).
Any information, whether proven or not, can be disclosed if it is considered
relevant by police.
Essex barrister David Dadds is dealing with about a dozen cases of people who
think they have been unfairly rejected for new jobs.
The existing system is currently the subject of a government review, and a report
is due out this month.
John Pinnington, from Benson in Oxfordshire, was a deputy school principal until
allegations were made against him by pupils.
Nothing was ever proven and he was never charged with an offence.
But when his school changed ownership and he had to reapply for his job, the
allegations came to light and he was not reappointed.
For the past five years he has been unable to work as the allegations still show
on his CRB check when he applies for posts.
“I’ve never been arrested, I’ve never been charged and yet if you read my CRB
check it would appear that I’m a serial rapist,” Mr Pinnington said.
The BBC also spoke to a social worker from the East of England who had
allegations made against him by a teenage girl.
The case went to court and he was found not guilty by a jury in just 20 minutes.
But the allegation still appeared on his CRB disclosure for two years when he
applied for new jobs.
To change or remove a CRB disclosure, people must ask the police force to
reconsider its decision.
The alternative is Judicial Review, which is expensive and time-consuming.
Mr Dadds said a more open appeals procedure is needed.
“The current system, in my opinion, is not working,” he said.
“Clearly there needs to be protection of vulnerable children.
“But that needs to be balanced between the need to protect the social worker
and the profession against irreversible damage to the individual’s rights to work
and family life.”
Norfolk Police have a team of 16 people making about 75,000 checks every year
and they disclose information held by the force in about 200 cases.
Bernie Docherty, crime and incident registrar at Norfolk Police, said the decision
to disclose information is not taken lightly.
“I will only make the disclosure where I honestly believe the information is
relevant,” he said.
Acknowledgement: BBC East Anglia
Feb 2011