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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3655
Experience:  Solicitors 2 years plus PQE
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I am a teacher and a parent has written to the Local Education

Resolved Question:

I am a teacher and a parent has written to the Local Education Authority with a spurious claim that I have made "racial comments" against her son. Is this Slander?
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

My name is XXXXX XXXXX I will assist you.

I am afraid this is much the problem that any professional faces, if you are a professional person you have to face the fact that people have the right to complain about you to your regulator. Even if this is a malicious complaint.

If the evidence is not there then as a teacher you have your union to support you and provide legal advice.

This would only amount to defamation if they were going around to other parents and your colleagues and making completely baseless allegations. For example they were making statements on social media.

Can you provide me with any more information, what do you want to do about this?

Kind regards

AJ
Customer: replied 3 years ago.

My intention is to get a retraction and apology from the parent under threat of litigation, I see this as an issue that needs to be dealt with very bullishly by our profession and parents need to realise that they can't just parrot the made-up allegations of their teenage offspring without there being a consequence.


 


Am I being unrealistic?

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

Absolutely not, I do not think you are being unrealistic, and I agree that people should be deterred from making slap stick allegations simply to push a personal agenda. This could seriously affect the integrity of the profession the willingness of people to become teachers.

I do not think the threat of litigation is the best way to go. I think you should maintain silence for the time being and fully co operate with your regulators procedure for dealing with the complaint. You should speak to your union and see what support they can offer you and speak to your employer. If the regulators decision then finds that these allegations are baseless you should in conjunction with your union put pressure on the regulator and your employer to require an apology from this individual.

Private litigation will be very expensive and you would be better off allowing your union to assist with the legal side of these matters.

Ultimately if there has been defamation, the Defamation Act does offer the right to make amends as a remedy. See Section 2 - this has to be a retraction in writing.

I look forward to hearing from you.

Kind regards

AJ
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