Starting over after malicious allegations

[StartingOver]

Hi,

 

Over a year ago now my teaching career was brought to an abrupt Holt as what I can only say, an ex partner, and her gang of friends decided to target me as I was moving away for a new teaching job I had worked hard to gain.

 

As I returned from my first week away I was confronted by my ex, of which I told her I was calling the police, she then hit my, so I called the police. I just reported the incident then thought that is then end, later I was visited by the police; she reported me for assault and it was then apparent that her and her male friend had alleged I had beaten her and she had actually marked bruised herself.

 

Two weeks later I was suspended from my new job by the principal, then on returning back home was arrested on suspicion of rape of my ex girl friend, and sexually touching of a 15 year old, of whom I was not even in the same vicinity of at the time of the allegations.

 

During the police interviews I gave a full and honest explanation of what had happened as my solicitor explained "No Comment" is more applicable if I had done something wrong.

 

My new employer suspended me whilst I was on bail and when the cases were dropped they let me return to work but under intense supervision which is understandable but upsetting. I lasted a week and then resigned.

 

I still had the matter of the original assault she had made up, of which I went to court and was found "NOT GUILTY" even though she had witness statements and pictures of bruises her stories did not match up.

 

Almost just after I had won my case it was then made apparent that the boss at the job I resigned from, whether it was out of anger because they had paid me fully for 6 month or just out of procedure, referred me to the ISA to try and bar me from working with kids and vulnerable adults. After all the information had been passed over from the Police and place of work and careful deliberation they found no problem with me working with any groups and DID NOT bar me. The education board then contacted me saying the case is dropped with no action taken.

 

 

I then got a job working in computers, of which is my primary career aim, teaching was always my fall back job. They did not ask for a CRB.

 

The job is going really well now, I am over the worst, have a new start but wish to climb the ladder and apply for bigger jobs and other companies - no work with children or vulnerable groups.

 

My question is, if I get asked for an enhanced CRB, although, due to my own peace of mind, have chosen never to work with children or vulnerable groups, what do I do about explaining these arrests.

 

Reading what I have already entered above it looks quite clear,

 

"I was arrested due to malicious allegations of which I protested my innocence through out and gave a full and honest explanation to, the sexual offences were dropped and I won my case of common assault as I was completely innocent. Afterwards all information was passed to the ISA of whom decided to still allow me to working with children and vulnerable adults without restriction."

 

I know this is a pretty difficult thing to post on here but I am a hard working, law abiding citizen who is working very hard at this career and want to be completely ready for this situation if it arises.

 

I have a clean criminal record by the way, anyone could be arrested in my experience if somebody makes up a story.

[honeybee13]

Hello and welcome to CAG.

 

I'll try your thread on the employment forum, where the guys usually know about this sort of thing. I'll leave you a short term redirect here.

 

My best, HB

[BankFodder]

Did ant any time the judge/magistrate criticise your ex or any of the witnesses for their credibility?

[StartingOver]

Unfortunately my solicitor said that because the Police knew this matter was false they wouldn't have put much man hours into it but had to jump through the hoops. Also, the only reason the case went to court with regards to the common assault was, because she has mental issues, out of positive discrimination it had to go to court.

 

I would like to counter claim for everything, but although it didn't happen, there is no evidence to prove it didn't happen.

 

We were even allowed to bring to court the matter of the rape allegations, she made unsubstantiated allegations of a serious nature, to adduce her bad character. And you are not normally allowed to name alleged victims as it is an offence.

 

But I am trying hard to move on from this and need to be strong, I have a new house and a new career, I am just getting better each week and need to be ready for the Enhanced CRB issue if it comes up. Any advise will be useful.

 

Thanks for reply.

[BankFodder]

Had there been any criticism of the complainant or the witnesses, would have advised you to obtain a transcript.

 

What you really need is a retraction - but I suppose that would be pretty well impossible - and also it will wake it all up again.

 

I can only suggest that you make sure that you keep a very full file of everything that happened.

In your present area of employment, it is scarcely likely that an advanced CRB will be asked for - either now or in future jobs but you should probably avoid looking for jobs where children are involved. It seems very unfair but it will be safer for you.

 

I'd like to say to you that any time you get a job, you should be upfront with your new employer - after you have proved yourself - but that has its own dangers as well.

 

Frankly I don't know what to advise

[StartingOver]

I don't think I could ever get a retraction as that is them admitting they are lying.

 

I have no interest in teaching or working with vulerable groups, kids and old people, for my own safety as it is easy to make up a story.

 

I do feel that the jobs I am going for at worst with have standard CRB. I also think that fact the ISA did a full investigation and didn't bar me is an excellent part of my defense.

 

Thanks for your advise, anyone else with advise please feel free to chip in.

[altobelli]

Have you considered legal action for defamation?

[honeybee13]

Have you considered legal action for defamation?

 

Hi guys. I thought I read that costs can be around £10k for a defamation action, or did I imagine that? I know it's expensive and doesn't attract legal aid.

 

My best, HB

[assisted blonde]

Yes HB you are correct any action for defamation is very expensive and claimants do not get legal aid the case will also take quite a while to come to court and if damages are awarded may of course not be paid, so unless the op has a substantial amount of cash laying around it would be a bit of a non starter.

[altobelli]

Although defamation actions can be expensive, submitting the claim should not cost very much. The threat of legal action may well be enough to secure an apology and/or retraction.

[assisted blonde]

I cannot see any point in threatening a defamation action if you are unable to carry it through, its just an empty threat and I would say there is very little chance of an apology from the people involved as they would almost certainly be advised to defend the action and admit nothing. In order to bring an action for defamation you will need to consult a solicitor who can specialise in this area. Although I can see that you may have evidence of untrue statements, you will have to show that they have lowered you in the estimation of others, caused you to be shunned or ridiculed etc etc. There are a number of defences to defamation.

It is not simply a case of popping into the court and filing a quick claim in the hope of getting the respondents to apologise there is a lot of work to be completed before you even get to that stage, and that will be expensive, if you do proceed it will cost you and although the court may well find in your favour unless the respondents are rich you have very little chance of recouping even your costs from them let alone damages.

My advice is try to put the matter behind you but when applying for other jobs be upfront and explain before you even get to the requiring a CRB stage.

[altobelli]

The point of threatening a defamation action would be to obtain a retraction/apology. Often the threat of action is enough to force an apology/retraction, or may prevent future false allegations (ask any newspaper editor!) How do you know the defendants wouldn't be advised to apologise rather than face court action?

 

Given the false accusations against the OP, these will of course have lowered his standing in the estimation of others, I struggle to think of any allegations which could be more serious or potentially defamatory.

 

Engaging in pre-action protocol is not necessarily very expensive, and it is possible to get conditional fee arrangements on defamation cases, so the initial cost will not be as high as is being implied. It is of course possible to drop a case if costs become prohibitive.