Management Information Sheet
Dealing With Allegations Of Abuse Against Teachers and Other Staff (Updated Guidance October 2012)
This is statutory guidance from the Department for Education. This means recipients must have regard to it when carrying out duties relating to handling allegations of abuse against teachers and other staff. This guidance is aimed at all schools (including academies, Free Schools, independent schools and all types of maintained schools), local authorities, governing bodies and the FE sector. This guidance relates to all adults working with children and young people, whether in a paid or voluntary position, including those who work with children on a temporary, supply or locum basis.
The Government made a commitment to give anonymity to teachers accused by pupils and to take other measures to protect against false allegations. Section 141F of the Education Act 2002 as amended by Section 13 of the Education Act 2011 came into force on Monday 1st October making it an offence to report information that could lead to the identification (e.g. name or school) of a teacher who is subject to an allegation of a criminal offence made by, or on behalf of, a registered pupil at the school.
Any publication of such an allegation that identifies the teacher involved before they are charged with a criminal offence will be in breach of the restrictions. Such restrictions would remain in place unless or until the teacher is charged with a criminal offence, a warrant for arrest is issued, or until the Secretary of State or the General Teaching Council for Wales publishes information about an investigation or decision in a disciplinary case arising from the allegation.
The Government guidance Dealing with allegations of abuse against teachers and other staff has been updated to include information about these new provisions. The revised guidance also includes some alternatives to suspension, definitions of allegation investigation outcomes and makes clear that all unnecessary delays in investigations should be eradicated.
The Government made a commitment to give anonymity to teachers accused by pupils and to take other measures to protect against false allegations. Section 141F of the Education Act 2002 as amended by Section 13 of the Education Act 2011 came into force on Monday 1st October making it an offence to report information that could lead to the identification (e.g. name or school) of a teacher who is subject to an allegation of a criminal offence made by, or on behalf of, a registered pupil at the school.
Any publication of such an allegation that identifies the teacher involved before they are charged with a criminal offence will be in breach of the restrictions. Such restrictions would remain in place unless or until the teacher is charged with a criminal offence, a warrant for arrest is issued, or until the Secretary of State or the General Teaching Council for Wales publishes information about an investigation or decision in a disciplinary case arising from the allegation.
The Government guidance Dealing with allegations of abuse against teachers and other staff has been updated to include information about these new provisions. The revised guidance also includes some alternatives to suspension, definitions of allegation investigation outcomes and makes clear that all unnecessary delays in investigations should be eradicated.