Safeguarding - naming a teacher?

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Dear Department for Education,

Many safeguarding policies state: "Staff, parents and governors are reminded that publication of material that may lead to the identification of a teacher who is the subject of an allegation is prohibited by law. Publication includes verbal conversations or writing, including content placed on social media sites."

please provide details of said law....

Yours faithfully,

Wayne Pearsall

Department for Education

Dear Wayne Pearsall,

Thank you for your request for information, which was received on September 7 2016. You requested:

Many safeguarding policies state: “Staff, parents and governors are reminded that publication of material that may lead to the identification of a teacher who is the subject of an allegation is prohibited by law. Publication includes verbal conversations or writing, including content placed on social media sites.” please provide details of said law...

I have dealt with your request under the Freedom of Information Act 2000.

The Education Act 2002 (amended in 2011) introduces restrictions on the public reporting of allegations made against teachers. This amendment was inserted into the Education Act 2002 part 8, section 141F ‘Restrictions on reporting alleged offences by teachers’. The following section, section 141G, legislates for the ‘Offence of breach of reporting restrictions’. This information and the legislation in full can be accessed using this link<http://www.legislation.gov.uk/ukpga/2011...>.

If you have any queries about this letter, please contact me. Please remember to quote the reference number above in any future communications.

If you are unhappy with the way your request has been handled, you should make a complaint to the Department by writing to me within two calendar months of the date of this letter. Your complaint will be considered by an independent review panel, who were not involved in the original consideration of your request.

If you are not content with the outcome of your complaint to the Department, you may then contact the Information Commissioner’s Office.

Regards,
Stephen Baker
School Employment Division

Web: https://www.education.gov.uk<https://www.education.gov.uk/>
Twitter: https://www.twitter.com/educationgovuk
Facebook: https://www.facebook.com/educationgovuk

[https://www.education.gov.uk/images2/iri...

Dear Department for Education,

)An allegation falls within this subsection if—

(a)it is an allegation that the person is or may be guilty of a relevant criminal offence, and

(b)it is made by or on behalf of a registered pupil at the school.

So if a child is withdrew from a school before an allegation is made no reporting restrictions apply. Correct?

What are relevant criminal offence.

Please supply internal documents on this matter.

Yours faithfully,

Wayne Pearsall

Department for Education

 

 

Dear Mr Pearsall

 

Thank you for your recent enquiry. A reply will be sent to you as soon as
possible. For information; the departmental standard for correspondence
received is that responses should be sent within 20 working days as you
are requesting information under the Freedom of Information Act 2000. Your
correspondence has been allocated reference number 2016-0048825.

 

Thank you

 

Department for Education

Ministerial and Public Communications Division

Tel: 0370 000 2288

 

 

Department for Education

Dear Wayne Pearsall, 

Thank you for your request for information, which was received on 20/10/2016 00:00 . You requested:

)An allegation falls within this subsection if—

(a)it is an allegation that the person is or may be guilty of a relevant criminal offence, and

(b)it is made by or on behalf of a registered pupil at the school.

So if a child is withdrew from a school before an allegation is made no reporting restrictions apply. Correct?

What are relevant criminal offence.

Please supply internal documents on this matter.

I have dealt with your request under the Freedom of Information Act 2000 (“the Act”).

It is correct that if a child is withdrawn from a school before an allegation is made, no reporting restrictions apply. If an allegation is made and the child is subsequently withdrawn, the reporting restrictions will still apply. However, it is important that when an allegation is made, the school makes every effort to maintain confidentiality and guard against unwanted publicity while an allegation is being investigated or considered.

In relation to a person employed or engaged as a teacher at a school, relevant criminal offence means an offence against the law of England and Wales where the victim of the offence is a registered pupil at the school. This is detailed in The Education Act 2002 (amended in 2011) part 8, section 141F, paragraph (14). This information can be accessed using the following link: http://www.legislation.gov.uk/ukpga/2011...

We are unsure which internal documents you are referring to. If you wish to read the debates in parliament about reporting restrictions introduced in 2011 in the Education Bill, you can access Hansard and search for the term ‘reporting restrictions on teachers’ and variations of this. You can access Hansard using this link: https://hansard.parliament.uk/

I have conducted a search using this term and have found 29 spoken references to reporting restrictions. I have included links to a couple of these instances below.

https://hansard.parliament.uk/Lords/2011...

https://hansard.parliament.uk/Lords/2011...

The following two links, are the debate surrounding any amendments to clause 13 on restrictions on reporting alleged offences by teachers. The debate was about a suggested amendment to extend the provision to include ‘or made by or on behalf of a former registered pupil at the school’. As you can see from the information provided, this amendment is withdrawn at the end of that section of the debate.

http://www.publications.parliament.uk/pa...

http://www.publications.parliament.uk/pa...

If you have any queries about this letter, please contact me. Please remember to quote the reference number above in any future communications.

If you are unhappy with the way your request has been handled, you should make a complaint to the Department by writing to me within two calendar months of the date of this letter. Your complaint will be considered by an independent review panel, who review panel, who were not involved in the original consideration of your request.

If you are not content with the outcome of your complaint to the Department, you may then contact the Information Commissioner’s Office.

Stephen Baker

School Employment Division

Web: https://www.education.gov.uk<https://www.education.gov.uk/>
Twitter: https://www.twitter.com/educationgovuk
Facebook: https://www.facebook.com/educationgovuk

[https://www.education.gov.uk/images2/iri...

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