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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6669
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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I am a supply teacher,I worked for an agency, i do not belong

Resolved Question:

I am a supply teacher,I worked for an agency, i do not belong to a union. Four weeks ago I went into a school and was sent home early because a child accused me of something (I did not do anything that would give rise to such a complaint). The case went to the LEA. I was not asked for a statement, told what I was accused of or allowed to attend the meeting to deal with this. The result was that they felt there was no evidence to proceed and dropped the case. The parents being informed of this complained so the LEA has reopened the case. All through this time I am unable to work.
My question is: what rights do I have to due process? ie Being told what the allegation is, knowing what procedures under which the process will be administered and whether I have a right to know what is being said about me in meetings that I am unable to attend, being able to present my rubuttal. Finally, what about closure? Can they just keep on bringing up the same case again and again?
Submitted: 2 years ago.
Category: Law
Expert:  Michael Holly replied 2 years ago.
Any procedure that has the capacity to affect your right to work and/ professional standing must observe the rules of "natural justice". Natural justice is basically fairness and any allegation must be put to you. You then have the right to respond and the right to appeal any decision made.
However I have a feeling I know what happened here and that is that the LEA simply felt that the allegation had not been made out in the first place and so dismissed it. In those circumstances they would not need your comments on the allegation as it was not going any further.
If they are re opening it and intend to take it further then the rules of natural justice must apply in whatever procedure is being adopted. That includes the right to know what is being said about you, the right to put in a defence to the allegations and the right to appeal the result. I would write and ask them for details of the procedure and time scale.
I hope this helps. If there are any further points please reply
Best wishes
Michael
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6669
Experience: I have 20 years of experience as a solicitor in litigation and other areas
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