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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46784
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My son is 17 and occasionally helps out at a school at

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Hi, my son is 17 and occasionally helps out at a school at which my wife is a teacher. One of the female pupils at my wife's school has made an allegation that at some vaquero point in the past year my son sent her an intimate picture of himself. Further, she has also alleged that he recently called her to request she stays quiet to avoid any police involvement. This second accusation is provably false as there is no way he could have called at the time the alleged call took place. I also have serious doubts over the initial allegation but the details are so vague it is hard to be certain. I understand that there is no extant picture.
As a result of this allegation, for safe guarding reasons, which I understand, the school have banned my son from site and have informed the Local Authority Designated Officer. I assume that there are now records of my son's name in connection with this allegation both at school, and at the Local Authority.
My son is about to go to university and may end up as a teacher or a medical practitioner where background checks may be required and I am concerned about the impact these allegations and records may have on him.
So far the police are not involved.
My questions are:
What advice do you have for how best to proceed?
How can I ensure that the records of his name in connection with this are removed?
What, if any, action could we take in connection with the person making the allegation?
What, if any, action could we take to force the school to lift the ban
How do we ensure my wife's employment is not adversely affected as a result of this allegation?
Thank you for your help.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Is he likely to use the school or LA for his background checks in the future?
Customer: replied 1 year ago.
It is possible that the school may be a reference for employment purposes.
Expert:  Ben Jones replied 1 year ago.
Thank you. To answer your questions: What advice do you have for how best to proceed? That is difficult to advise on because there is no right or wrong answer to this. A lot depends on how the school view this and consider dealing with this matter further. The school has not really acted incorrectly here because they have received a complaint and without any evidence to show that it was false, they will have a safeguarding duty and can remove him. He may wish to consider approaching them to explain his side of the story and try to set the record straight but there is a chance they will not accept that and leave things as they are. How can I ensure that the records of his name in connection with this are removed? Again, that may not actually be possible. A complaint was made, they have likely stored details of that as they would have a duty to do so. He has not proven (neither the police or a court have proven) that he is innocent. As mentioned, he could try to talk to them and convince them that the allegations are false but the school can only go by what evidence there is and in the absence of any, where it is one person’s against another’s they can choose to believe one over the other, even if it is not the correct one. The only other thing is that under data protection rules when they store personal data about him they must ensure it is accurate and up to date so he could try and argue that in this case it is inaccurate but to amend that they would need to be shown that this is the case so it all comes down to evidence again. What, if any, action could we take in connection with the person making the allegation? I the allegations are untrue then that is potential defamation but that is a very complex and expensive claim so certainly not recommended here. He could inform the police but once they get involved they could investigate him too over these allegations and it could backfire. So an internal complaint to the school is the best thing he can do. What, if any, action could we take to force the school to lift the ban He can’t unfortunately. They have the right to ban him, for whatever reason. All he can do is appeal directly to them but even if innocent they still have the right to ban him if they wanted to, that is their prerogative. How do we ensure my wife's employment is not adversely affected as a result of this allegation? It should not be affected by this. This is not down to her actions – whilst it is her son, her reputation should not be affected because she has not done anything wrong. If the employer takes adverse action against her that is likely to be unfair and she would have protection under employment law, depending on what happens. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
Thanks Ben, it's frustrating that he is basically unable to clear his name but, to be honest your answers don't come as too much of a surprise.I am minded to lodge some data protection requests with the school and/or LA just to see what they have said. Would those be best done as FOI requests?I will ensure I provide good feedback for you as you have requested.Thanks again,Keith.
Expert:  Ben Jones replied 1 year ago.
It would be done as a subject access request under the Data Protection Act 1998. Full details here: https://ico.org.uk/for-the-public/personal-information/ Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46784
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Many thanks.
Expert:  Ben Jones replied 1 year ago.
You are welcome all the best

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