Partner accused of shoplifting from B&M *Ofsted involved-WON*

[renegadeimp]

It takes as long as it takes. They need to be 100% sure

[ericsbrother]

as long as she is working then there is nothing really to complain about. If they had suspended her registration beyond the statutory period then there is a remedy.

[clarkywrx]

We had a call from Ofsted again today. They wanted the details of the B&M store so they could go and visit them !

 

So yes she's still working and not suspended but Ofsted are saying they are yet to decide on whether to remove her registration!

[ericsbrother]

Ignore their demand for this information, they can do what they have to without it if they have a case.

[clarkywrx]

Ignore their demand for this information, they can do what they have to without it if they have a case.

 

My partner has already given all the information they've asked for.

She's asked how long it will be now before they make a decision and they said they need to decide if she's suitable to continue providing child care !

 

If she wasn't suitable, they've allowed her to continue working with children while they do whatever it is they're doing.

[renegadeimp]

Dont look at it personally They had a complaint, they have to investigate, and they treat every investigation the same so they cant be accused of favoritism or bias.

[labrat]

did it ever get resolved in the end?

[clarkywrx]

We've just received a letter today from Civil Recovery Solutions

saying they've consulted with the B&M store and they accept my partners account of it being a genuine mistake

and therefore won't be taking any further action and the case is now closed.

 

if that's the case

shouldn't Ofsted also now conclude their investigations that it was a genuine mistake

which shouldn't affect my partners suitability as a childminder ?

[dx100uk]

as CRS are nothing with no standing or any laws behind them whatsoever to issue decisions or sent 'speculative invoices' for losses to amyone

don't think it makes a monkies..

 

 

.. though knowing OFSTED, they prob think they are the authority on it:lol::lol:

[clarkywrx]

We've just been informed by Ofsted they are removing my partners registration!!

 

This is due to the Ofsted inspector interviewing the security guard at the store who's said he believed my partner went to the store with the intention of shoplifting and also at no time did he tell her she wasn't free to leave once she'd been detained!

 

I need urgent help with this as I cannot see how ofsted can make this decision based on what the security guard is saying ?

[ssparks2003]

I think you need to be considering which solicitor your wife speaks to rather than discuss the matter on an consumer forum, as you will need to support of appealing to ofstead which in the best will in the world is beyond most posters on here.

[clarkywrx]

I will be speaking to the solicitors this evening when I'm able to. I'm just totally at a loss as to how an Ofsted inspector can interview a security guard and make decisions based on his opinions and not facts !!

 

I'm still waiting to speak to our solicitors this evening as they are extremely busy.

 

One of the posts above says that as my partner hasn't been suspended by Ofsted, if they go on to remove her registration they leave themselves open to a claim for damages.

 

Does anyone know if that's true as we also fail to see how Ofsted can now say my partner isn't suitable to carry on working but they've allowed her to work for the last few weeks ?

 

Also, Ofsted have made no contact to the other parents of the other children who were with my partner in the B&M store at the time of the incident, surely their views on whether their children were put at risk or not should be taken into account ?

[Sidewinder]

I completely agree with the earlier post. This appears to now be going way beyond anything that a forum can properly advise on. This is a matter for proper legal advice as it appears that the Agency's erring on the side of caution has far reaching and devastating consequences. B&M and their security provider should also be named in any potential action

 

Have you been provided with written reasons for their decision? What, precisely are the grounds?

[renegadeimp]

Also, theyre removing registration based on one biased report of a security guard?

 

Go see a specialist solicitor. They would rip them apart. The security guard will lie and say anything to shore up his side of the argument, as he wont want t appear wrong or incompetent at his job.

[clarkywrx]

I completely agree with the earlier post. This appears to now be going way beyond anything that a forum can properly advise on. This is a matter for proper legal advice as it appears that the Agency's erring on the side of caution has far reaching and devastating consequences. B&M and their security provider should also be named in any potential action

 

Have you been provided with written reasons for their decision? What, precisely are the grounds?

 

Ofsted phoned my partner today and told her they are removing her registration and they would send her an email tomorrow with everything in writing.

 

Their grounds are the security guard said my partner went to the store with the sole intention of shoplifting, he never once said my partner couldn't use her phone to contact the parents of the children and he never said my partner couldn't leave the store at any time ! All lies.

 

Ofsteds main concern is my partner didn't make arrangements for the children in her care.

[ssparks2003]

I would guess that in the email will quite possibly be details or a link to their appeals process.

[ericsbrother]

as you know, there is an appeals process and a hearing can be in front of a legal bod or a paper hearing. If it is in the open your wife will get a chance to cross examine any witnesses OFSTED drag along and without said witness they are in trouble. The security guard probably had his interview taped so she should ask for a copy of that prior to the appeal hearing. That may well discourage him from actually wanting to take a day off and say it all over again.

Beware though, OFSTWED will also interview the children in your care and anyone else they think will give them a better chance of winning, so old neighbours you fell out with over their dog, disgruntled relatives etc in an attempt to show that you arent of good character.

[clarkywrx]

Just wanted to update this. We've just received the email from Ofsted this evening stating their intention to remove my partners registration. The email states the security guards account of the incident which is blatant lies !! It literally is totally fabricated !

 

I've spoken to the store manager this evening who after being previously quite understanding and helpful is now saying he's been instructed not to discuss anything with me.

 

I've told him I'll be requesting copies of cctv etc and he tried to tell me we have no right to see any of that !

 

I'm absolutely furious about all of this and to make matters worse I'm still waiting for our business insurance to confirm whether they can provide a solicitor to defend us under our insurance cover.

[Sidewinder]

You should also SAR for the store CCTV for the incident itself

[clarkywrx]

You should also SAR for the store CCTV for the incident itself

 

Would you be able to offer me any help on how to do this and who to send it to ? The actual B&M store or their head office ?

[Sidewinder]

Apply to

 

The Data Controller

B&M Retail Limited

THE VAULT

DAKOTA DRIVE

SPEKE

LIVERPOOL

L24 8RJ

 

Details of what you need to do can be found here

 

https://www.gov.uk/request-cctv-footage-of-yourself

[clarkywrx]

Thanks a lot for that. I'll get that sent off to them.

[clarkywrx]

Just to keep this updated. We've been given a solicitor through our business insurance and they will cover upto £100,000 in legal expenses. They deem we have over a 51% chance of defending.

 

They have advised we source our own solicitors to take legal action against the security guard/store.

[Sidewinder]

That sounds very positive. My own feelings on this are that it would be impossible for OFSTED to form a 'reasonable' belief, let alone one beyond reasonable doubt that the children were at any time put at risk of harm, and that can be the sole reason for their decision to withdraw the registration. To do so, IMO, on the evidence of a security guard is extremely flimsy.

 

The case will doubtless be that the fact that the children were held in detention for over three hours along with your partner, as a direct result of her actions, which put them at risk. The defence will be that your partner's actions were not sufficient to warrant such a period of detention and that the guard acted unreasonably in the circumstances in holding your partner for this time, therefore the guard was responsible for the risk, not your partner.

 

The guard will doubtless claim that his belief of guilt was justified and that he acted in accordance with SCONE guidelines. Your solicitor will need to attack that point, so securing CCTV will be crucial. It is telling that B&M, the police and the civil recovery agents are not pursuing action.

 

Please keep us up to date, so far as you can without prejudicing any ongoing legal action

[clarkywrx]

Just wanted to update this thread with some good news.

 

My partner has successfully won her case against Ofsted and they aren't taking any further action.

 

The solicitors did a lot of work to argue my partners case and prove the security guards version of events was unsubstantiated and there was no evidence to prove any of his claims.

 

The solicitors costs were around £6000 and we are very lucky that my partners business insurance has covered that cost.