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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31768
Experience:  Over 5 years in practice
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I was the subject of false allegations made by a previously

Customer Question

I was the subject of false allegations made by a previously looked after child with whom I had worked in a children's home. The allegations were brought a part of a civil claim, to the council, and not a a criminal complaint against me. The allegations were handed to the councils insurers to assess and investigate, in order to decide whether compensation would be paid. I was interviewed by a solicitor, acting for the councils insurers. Previous ex colleagues were also interviewed. The allegations were found to be wholly unsubstantiated, and no compensation was paid, and the solicitor recommended that legal aid be withdrawn to this person. The councils LADO was not informed by anyone from the council, but I made my employers aware, and they contacted the LADO, who had not been made aware of any safeguarding allegations, or concerns.
I am now applying for a job. I am required to disclose any investigation by either police or social services. Do I need to disclose this information, and will I be accountable in future if it comes to light?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

Were you investigated by social services?

Customer: replied 1 year ago.
No. I was interviewed by the solicitor appointed to assess whether to pay out on the claim. The LADO is responsible for all allegations concerning staff working with children, and he was unaware of the allegations, and advised my employer that I should not be suspended rom work.
Customer: replied 1 year ago.
Hi Jo, did you get this answer?
Would it be easier to talk than to type and message?
Customer: replied 1 year ago.
Hi Jo, I don't know whether you are dealing with a few enquiries. I don't have a clear picture of what I should do.
Do you consider this enquiry finished?
Expert:  Jo C. replied 1 year ago.

I actually think this isn't really a criminal question so I have asked our employment expert to look at this for you.

He will revert when he has considered this.

Customer: replied 1 year ago.
Ok, thanks Jo. I agree, it is an employment situation. Shall I remain logged in, and await his answer?
Expert:  Ben Jones replied 1 year ago.

Hello, my name is ***** ***** my colleague has asked me to assist with your query as it is more my area of law. Have you been asked any specific or direct questions in the application which may require you to disclose details about this?

Customer: replied 1 year ago.
Hi jo, I need to have info tonight, as my applicatIon is due in tomorrow.
Expert:  Ben Jones replied 1 year ago.

Hi, I am Ben and please see my response above for my initial query on your situation, thanks

Customer: replied 1 year ago.
Hello Ben, thanks for getting back. I have just received your response, and question.
This is the wording on the safeguarding declaration.
" has any social services department or police service ever conducted an enquiry or investigation about any allegations or concerns that you may pose an actual or potential risk to children or young people? Yes, or No. If yes, please specify"I work at a senior level in children's services and when this came to light, I informed my employer who liaised with the LADO of the LA concerned. The LADO was not aware of the allegations, and had not been informed at that time. I am not aware that he was subsequently involved. Obviously, although the allegations are totally false, and were dismissed by the solicitor operating for the LA insurers, I do not want to disclose if it is not necessary, because of the sensitivity and potential for suspicion of no smoke without fire. On the other hand, if it is better to disclose, I am open to this, as I understand the importance of openness in disclosure. I just feel I need to be advised.
Customer: replied 1 year ago.
Hi Ben, are you able to give me advice on this please. I'm sorry that I didn't pick up that you had responded earlier. The format of the page didn't show that up, until I refreshed it. I was waiting for a reply!
Customer: replied 1 year ago.
Hi, unfortunately, I have not had the advice I had hoped for around my problem. I needed to have advice tonight, as I must put in my application tomorrow. There is no delay possible, and I now will have to make a decision based on my own judgement, rather than the legal advice I have sought, and paid for.
I have been attending all evening to this page, and didn't realise that Ben had provided a response, as it wasn't clear from the way the page is set out.