Birmingham council Blue Badge fraud use - now magistrates date. **RESOLVED**

[Blackcat13]

My case has been transferred to Wolverhampton now as the court in Birmingham is closed. 
Im so worried about it, having no sleep and it’s constantly on my mind. 
If I’m fined I seriously don’t know how I’ll be able to pay it. I have no spare money 

[Ethel Street]

I'll ask again, have you spoken to your union?

 

The court takes your income and expenses into account when sentencing.  Do they ask you to take details of your income and expenses to the magistrate's hearing on the 15th?

[Blackcat13]

I’m waiting for my union to get back to me. No, the letter does not state anything about providing evidence of income. 

[Blackcat13]

My union have said that if  I’m charged with fraud then I will lose my job and as a result teaching may no longer be an option. 

[honeybee13]

Hi.

 

What level of union official did that come from please? It's more pessimistic than @Ethel Streetwas.

 

HB

[Blackcat13]

I’m unsure, I took the phone call whilst at work so it was a quick one. I honestly don’t know what to do. 

[Ethel Street]

A question I asked before but you didn't answer, earlier you said you are an "assistant teacher". Are you a qualified teacher, teaching a class? Or are you working as a TA (Teaching Assistant)?

[Blackcat13]

I am employed as a teaching assistant but do take some classes as an assistant teacher. I have a degree and was hoping to complete my PGCE next year. 

[Ethel Street]

Well your union will know the way your particular school/academy trust has dealt with cases like this in the past better than we do but nevertheless dismissal cannot be automatic. The school will have to follow its staff disciplinary policy, so there must be a formal hearing at which you will be able to put forward mitigating circumstances and explain why you think you should not be dismissed. 

 

There's a vital role for your union at the hearing. A union representative, preferably from the regional office, should accompany you and put your case to the school. They should know what is most likely to persuade the school not to dismiss you. But as I said earlier in the thread dismissal may well be the outcome but is not inevitable. A primary headteacher friend of mine read this thread and commented that being a TA may make it marginally more likely that you keep your job than if you were a qualified teacher (because there are codes of professional conduct - the Teacher Standards - that apply to teachers but not TAs)

 

Even if you are not dismissed I'm afraid your plans to do a PGCE and qualify as a teacher almost certainly won't be possible. PGCE training institutions usually won't take on a student with a fraud conviction.

 

[Blackcat13]

Will this conviction stay with me for life?

[Ethel Street]

The answer is the same as in post #51. It depends on the sentence the court imposes. Come back after the the court hearing and let us know what happened. 

[Blackcat13]

Ok, thank you all so much for the advice given so far… it is much appreciated. 

[Blackcat13]

Also, will it affect things like car insurance too? 
thank you 

[Ethel Street]

I'm afarid it will. A fraud conviction will have to be disclosed and will affect whether motor insurers are willing to insure you and on what basis. And, before you ask, I don't know exactly what that will mean in practice.

 

Sorry, I feel like I'm being a constant bearer of bad news to you today, it will also have to be disclosed to your home insurer and is likely to affect that as well.

 

You might need to see a specialist insurance broker.

 

But let's see what what the court decides first. The sentence will indicate how serious a fraud they think it is. 

[Blackcat13]

Can you please explain what you mean when you say the sentence will indicate how serious it is? 
So, possibly it looks like I’m going to lose my job and not be able to drive! 
I really can’t believe how serious this is! 

[honeybee13]

It may not be that bad, Luckz, let's not prejudge things.

 

Maybe @Man in the middleknows more about the legal side that Ethel and I do.

 

Remind us when your hearing is please?

 

HB

[Ethel Street]

Look back at Post #35. There's really nothing more that can be said at this stage. 

[Blackcat13]

It’s Thursday 

[Man in the middle]

The period you have to disclose this conviction is laid down in the Rehabilitation of Offenders Act (ROA) and depends on the sentence. If it is dealt with by way of a fine you must disclose it for 12 months from the date of your conviction. If you are sentenced to a Community Order it must be disclosed for 12 months after the order ends. After that time you need not disclose it. However, although this will apply to insurance proposals, etc., there are some occupations and positions which are exempt from the ROA provisions and most positions in schools are among them. However, this is not straightforward and I'm not entirely sure of all the detail. As suggested, your union would be best placed to advise you.

[Blackcat13]

39 minutes ago, Man in the middle said:

On another forum I have been told I will lose my job and I will be unable to get car insurance. Absolutely dreading tomorrow 

[Blackcat13]

I have contacted my union and they have told me to contact them tomorrow once I know the outcome

[honeybee13]

Well done.

 

We'll be thinking of you tomorrow and keeping everything crossed. Just be yourself and answer the questions and show your remorse to the magistrates.

 

Please let us know how it goes when you can, we'll be here.

 

HB

[Blackcat13]

Thank you, I’ve been in tears all day! Not sure how I’m going to cope tomorrow. 

[honeybee13]

I'm sure you have inner strenghts that will come to the fore and surprise you. A bit of emotion won't do any harm.

 

As you go in, take a deep breath and tell yourself 'I can do this'.

 

Hugs, HB

[Blackcat13]

I just can’t believe how much this is going to change my life. I’ve lost everything