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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75039
Experience:  Qualified Solicitor
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I was sacked from my role as a teacher a number of years ago

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Hi,
JA: Hello. How can I help?
Customer: I was sacked from my role as a teacher a number of years ago when I stupidly slapped a female pupil on the backside. Unfortunately it was the last but 1 day of term and everyone was in high spirits.(I am not suggesting this is a justifiable reason, I don't know why I did it?). Originally the matter went to court where I was accused of sexual assault but I was found not guilty. I have since been given a clear DBS and also the EWC have said I am fit to return. However, I made a decision to re-train as a Home Inspector but that didn't work out due to lack of work and so I had some jobs as a Mechanical Engineering lecturer which is what I want to do. Unfortunately on 2 occasions after getting on very well with my job, I was released from 2 Colleges because the students googled my name and found the story online. I wrote to the South Wales Argus to ask to remove the article etc in 2008 but i don't think I have had a reply. i have been out of work for over 2 years and would like to get back on with my life. I have had brain seizures which have caused me to have a number of problems including memory issues and I thought that this had all been sorted out until I googled myself about an hour ago and found that the information was still online. I don't think this is fair at all and I can provide all of the necessary paperwork to support me. I would be grateful if you could advise me as to the best way to remove this information which I thought had been removed, regards Trevor
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: I have not talked to a lawyer about this. I live in Newport NP20
JA: What steps have you taken so far?
Customer: I have written to the South Wales Argus to ask for the article to be removed.Can I attach the paperwork for the matter?
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: What else should they need to know?

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Customer: replied 11 days ago.
Hi Ben
Can I attach any information that would help?

When did you write to the publisher of the article?

Customer: replied 11 days ago.
Newport
NP20 3SP
15/10/19
To the webmaster /person responsible for internet posts
My name is***** and I am requesting the removal of an article that was posted on the BBC News Channel on 15th October 2008.
The link for the article is : http://news.bbc.co.uk/1/hi/wales/7671830.stmThe article was about me slapping a female pupil on the bottom for which I was found guilty of unprofessional conduct after which I was sacked from my teaching job at the time.
I decided to not go back into teaching after 22 years and re-trained as an Energy Assessor. During this time, I had a temporary job as a Mechanical Engineering Lecturer at city of Bristol College where I was doing very well and enjoying the role. However, after only a few weeks I was asked to leave by the College as some students had “Googled” my name and the College felt that the gossip about me was going to cause a problem with my teaching. This obviously caused me a great deal of distress as I thought I was getting my life back on track.
I continued being self - employed for 3 years as an Energy Assessor but things did not work out very well financially and in 2011 I got a job as a work - based Trainer/assessor in Mechanical Engineering. I was there for 7 years before I moved to a Mechanical Lecturing role nearby in a private Training centre.
Unfortunately, after only working there for a couple of months I had collapsed one evening at home and had a pacemaker fitted for an irregular heartbeat. This indirectly led to me being let go in February of this year and until 2nd October I was unemployed.
On Wednesday 2nd October I started a temporary job as a Mechanical Lecturer in Cross Keys College and was enjoying working with the Students until the afternoon of Wednesday 9th October I was asked to leave the College because some students had “Googled” me again and the College felt that it was inappropriate for me to remain there for the same reasons as before as the gossip would have a big impact on my teaching. Despite my protestations about fairness etc I had to leave.
Again, this caused my wife and I a huge amount of distress and all seemed extremely unnecessary and should never have happened.
Consequently, I am insisting on the removal of this article (see link above) from the internet as under article 17 of the GDPR I have the right for personal articles to be erased which are no longer relevant. I was fully punished at the time for my actions but subsequently on two occasions where I was trying to get my life back on track the information that was published and available on Googlehas led to me being let go and not getting on with my life. It seems that this will be never ending unless I can get your co-operation in removing the article from the web.
I would be grateful if you could arrange this as soon as possible,Regards *****ps I have also attached a letter from the Education & Workforce Council (EWC) who are the Governing body for Wales who have granted my application for registration.
Customer: replied 11 days ago.
Newport
NP20 3SP
15/10/19
To the webmaster /person responsible for internet posts
My name is***** and I am requesting the removal of an article that was posted on Wales Online on 16th October 2008.
The link for the article is : https://www.walesonline.co.uk/news/wales-news/i-feel-ive-been-victim-2146738The article was about me slapping a female pupil on the bottom for which I was found guilty of unprofessional conduct after which I was sacked from my teaching job at the time.
I decided to not go back into teaching after 22 years and re-trained as an Energy Assessor. During this time, I had a temporary job as a Mechanical Engineering Lecturer at city of Bristol College where I was doing very well and enjoying the role. However, after only a few weeks I was asked to leave by the College as some students had “Googled” my name and the College felt that the gossip about me was going to cause a problem with my teaching. This obviously caused me a great deal of distress as I thought I was getting my life back on track.
I continued being self - employed for 3 years as an Energy Assessor but things did not work out very well financially and in 2011 I got a job as a work - based Trainer/assessor in Mechanical Engineering. I was there for 7 years before I moved to a Mechanical Lecturing role nearby in a private Training centre.
Unfortunately, after only working there for a couple of months I had collapsed one evening at home and had a pacemaker fitted for an irregular heartbeat. This indirectly led to me being let go in February of this year and until 2nd October I was unemployed.
On Wednesday 2nd October I started a temporary job as a Mechanical Lecturer in Cross Keys College and was enjoying working with the Students until the afternoon of Wednesday 9th October I was asked to leave the College because some students had “Googled” me again and the College felt that it was inappropriate for me to remain there for the same reasons as before as the gossip would have a big impact on my teaching. Despite my protestations about fairness etc I had to leave.
Again, this caused my wife and I a huge amount of distress and all seemed extremely unnecessary and should never have happened.
Consequently, I am insisting on the removal of this article (see link above) from the internet as under article 17 of the GDPR I have the right for personal articles to be erased which are no longer relevant. I was fully punished at the time for my actions but subsequently on two occasions where I was trying to get my life back on track the information that was published and available on Googlehas led to me being let go and not getting on with my life. It seems that this will be never ending unless I can get your co-operation in removing the article from the web.
I would be grateful if you could arrange this as soon as possible,Regards *****ps I have also attached a letter from the Education & Workforce Council (EWC) who are the Governing body for Wales who have granted my application for registration.
Customer: replied 11 days ago.
Is it going to cost me £44 for you to phone me?
Customer: replied 11 days ago.
Strictly Private & ConfidentialMr Trevor Towers*****Newport
Gwent
NP20 3SP26 February 2018
Our ref.: 1286.TTowersDear Mr Towers,Decision of the Suitability CommitteeFurther to the EWC’s Suitability Committee meeting of 23 February 2018, please find below the Committee’s decision.In summary, the Suitability Committee decided that your application for registration should be granted on the grounds you are suitable to be a registered person (work based learning practitioner).“The Committee has considered this case very carefully.The Committee noted that Mr Towers was previously registered as a school teacher. On 15 October 2008 a Professional Conduct Committee of the GTCW, after making a finding of unacceptable professional conduct, imposed a Conditional Registration Order. This required him to update his knowledge and understanding of safeguarding children in schools by undertaking an appropriate training course by 31 July 2009.Mr Towers has not complied with this condition. The Committee accepts his explanation that, following his appearance in the Crown Court, he decided that he did not wish to return to teaching in school. For that reason he did not undertake a training course relating to safeguarding children in schools and did not reregister as a school teacher.The Committee noted that, from the outset, Mr Towers admitted his conduct was inappropriate and has demonstrated insight into his actions.In respect of his application for registration as a Work based learning practitioner, Mr Towers has been open in declaring the previous disciplinary investigation.Mr Towers has provided a positive reference from XR Training and Consultancy where he has been employed for six and a half years as a Mechanical Engineering Tutor/ Assessor. In relation to this role, Mr Towers stated that he has complied with the safeguarding training requirements of his company.
The Committee is satisfied that Mr Towers meets the standards expected of a Work based learning practitioner and, therefore, he is suitable to be registered.The application for registration is granted.”Subsequently, you are reminded that, in accordance with the Code of Professional Conduct and Practice for Registrants with the Education Workforce Council (provided at the conclusion of the meeting), registrants are responsible for upholding proper standards of conduct and practice and are mindful of their position as a role model to learners.Therefore, should the EWC receive any referrals in relation to your conduct or competence whilst you are registered, it reserves the right to take into account your previous history and may result in it taking action in future in accordance with the Code.Should you wish to discuss any aspect of this matter further, please contact me on(###) ###-####5840, or by email at***@******.***Yours sincerely,
Sonal Davda
Fitness to Practice HEO
Education Workforce Councilcc Mr Mark Phipps, Qualifications and Registration Manager, Education Workforce CouncilThis is confidential information provided for a meeting of the Suitability Committee of the Education Workforce Council under the Registration Rules 2017.It is governed by the Data Protection Act 1998. The information contains personal data and may also contain sensitive personal data, relating to learners and others.This information is being provided to you only in relation to purposes connected with the administration of the Education Workforce Council’s proceedings on the understanding that it will be treated as confidential and will not be used, copied, disclosed, stored or otherwise processed, other than as strictly necessary in connection with those purposes. Any other use i.e. unconnected to those purposes, may constitute a breach of the Data Protection Act 1998.Any unauthorised disclosure of this, or other information containing personal data, will constitute a criminal offence contrary to section 55(1) Data Protection Act 1998.
Customer: replied 11 days ago.

OK I understand and thank you for providing this information. Please leave it with me for now; I will get back to you with my answer as soon as I can, usually the same day. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Customer: replied 11 days ago.
ok, thankyou

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

The usual way to request the removal of such information is under the ‘right of erasure’ under Article 17 of the GDPR. I can see already that you have submitted such a request but doing so does not guarantee the desired outcome will be achieved and all it means is that you are asking them to do this, rather than making it mandatory for them to do so.

If they ignore your request and are unwilling to remove the article in question, then the only way is by making an application to court for an order for them to do so. They will then have to comply as the matter is no longer just in their hands and they have an official court request to deal with it.

Due to the technical nature of such requests, you are best advised to engage a solicitor to submit the application on your behalf to ensure it is done properly and nothing is missed. As we are just an online chat service, we cannot do that for you unfortunately but there should be plenty of lawyers who can, if you search around.

You should be looking at data protection lawyers preferably as they would be best placed to deal with this.

Customer: replied 10 days ago.
Many thanks

You are most welcome. If you have any further questions about this, please do not hesitate to get back to me and I will be happy to help. All the best

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