Wednesday, August 22, 2012

Crying Wolf

Chloë Musson looks at whether new legislation will cure bad behaviour in the classroom… or is it all ‘lip service’?

“Imagine being falsely accused of the worst crime imaginable. That’s what child abuse is to a teacher. My confidence is gone and I feel permanently dirty and violated.”

These are the words of 53-year-old Jane Watts, who was falsely accused of smacking a five-year-old girl on the hand at a local primary school in Chorley, Lancashire. Since that fateful day in September 2007, which brought an end to her unblemished 30-year teaching career, Jane has been haunted by the memories which lost her her job and her sanity. “I was off sick and on anti-depressants,” she says. “The day I was suspended I was hysterical. I had a pack of lies told against me. I was the first teacher in Britain to take a lie-detector test to prove my innocence. It’s the worst thing that’s ever happened to me.”

Pointing the finger

Astonishingly, previous surveys by the Association of Teachers and Lecturers suggest over a quarter of all teachers have been wrongly accused of misconduct – the majority of which are quickly cleared by police due to lack of evidence. Even after Jane was released, the school launched its own investigation and sacked her. Years of hard work are undermined, personal relationships are fractured, and many teachers spend years recovering from the stress and anxiety. “False allegations have blighted many teachers’ lives,” says Christine Blower, general secretary for the NUT.

It’s hard to imagine a state of mind where all hope, trust and self-belief is crushed on the word of a child. Many pupils – and indeed other teachers – probably don’t realise the severity of what they’re doing until it’s too late. But the most worrying part is they can get away with it – and they know it. “Children know their rights,” says Steve Williamson, Head of English at Kings’ School in Winchester. “They’ll say ‘I’ll do you for that’ or ‘I’ll get you in court’. They know you can’t touch them.”

It’s no wonder so many are throwing in the towel – or steering clear of teaching in the first place. Two thirds of teachers believe bad behaviour is driving staff to pack up their books, according to the Department for Education. Some may say it’s human rights gone mad. Others might blame the parents for not laying down the law. But most end up accusing the teacher. “Too many teachers report that the school’s first response to poor behaviour is to blame the teacher,” says Chris Keates, general secretary for the NASUWT teaching union.

New rules

Now, however, the pendulum might be about to swing the other way – back into the hands of teachers. As part of a surge of new discipline guidance, headteachers are being granted the power to prosecute pupils – and others – who make false claims against teachers in England. They will also be able to temporarily or permanently exclude lying students. Teachers will be allowed to use ‘reasonable force’ to physically restrain unruly pupils who cause trouble, search mobile phones for improper material, and confiscate drugs and alcohol without fear of violating ‘children’s rights’. “Improving discipline is a big priority,” says Education Secretary Michael Gove. “These changes will give teachers confidence that they can remove disruptive pupils and search children where necessary.”

This all sounds great, and in an ideal world stamping out such ‘no touching’ policies would once again allow teachers to do the job they’re paid to do – whether maintaining discipline by breaking up a fight, or putting an arm around a child to comfort them on their first day at school. The long-overdue changes will not only reduce the current guidelines from 600 pages of bureaucratic spiel to just 50, but also restore teacher authority and protection. Indeed, teachers will no longer be suspended as soon as the child opens their mouth, and malicious allegations won’t be included in employment records.

“Lip service”

But Michael Gove seems to have missed the boat on quite a few levels. As Jane Watts puts it, “What head is going to take a child to court?” It certainly wouldn’t do their reputation in the league tables any good. And what use is excluding a pupil when, according to the NASUWT, schools will remain accountable for the pupil’s “educational outcomes”. “Exclusion doesn’t solve problems but creates them,” says Steve Williamson. “What do they do? They go and watch daytime TV, and hang about outside school. It won’t change their behaviour.”

Jane Watts also worries that ‘policing’ roles such as confiscating mobile phones will only aggravate relations between teachers, parents and students. “It leaves teachers wide open to victimisation,” she says. “What if you take a mobile and then it stops working? Accusations start like, ‘you broke my child’s phone’. The guidelines make sense, but nothing will change. Gove is giving it lip service.”

Loose ends

Ultimately, teachers are afraid. If pupils can’t sue for assault they’ll sue for invasion of privacy instead. It’s just another loop for teachers to jump through. And what is ‘reasonable force’? Where is the line? And what about children who are under the age of legal responsibility? Will it actually deter pupils from making false allegations? There are still too many loose ends which need tying.

Steve Williamson is sceptical of whether what’s said on paper will work in practice. “There needs to be a test case really,” he says. “If it’s seen to work, if pupils are fined, it would be a breakthrough. But teachers must have a cast-iron case. It’s a legal minefield.”

Hands are tied…

Jane Watts says that giving headteachers more power is what concerns her most. “I was set up,” she says. “The LEA and the head all closed ranks against me. This is what happens when a headteacher has a vendetta against you. If he sacks the teacher, it makes him look good. It’s incestuous and corrupt.” The headteacher of Jane’s old school was unfortunately unavailable for comment.

Chris Keates from the NASUWT acknowledges, “teachers want more backing by school leaders” – and if they don’t get it, who do they turn to? “Even the Union didn’t help,” says Jane. “They told me to treat it like a paid holiday. I thought – this is my life we’re talking about. Then I was arrested – I could have been handcuffed or put in a cell. It was really traumatic. The jungle drums beat, and before long everyone knows who you are.”

Anonymity doesn’t do much good then either. Instead, human rights laws and bureaucratic red tape is wrapped around teachers’ necks. With their hands tied and no leg to stand on, it’s only a matter of time before they topple. “There’s no way I’d go back into the classroom without being able to prove my innocence,” says Jane. “I think body-worn cameras are needed.”

Passing the buck…

Is this really what it’s boiled down to? Teachers are so wary of their position that they want 9 to 5 surveillance? Steve Williamson believes it’s this lack of trust and leadership from the top which breeds confrontation. “There’s a psychological barrier between students, parents and teachers,” he says. “There needs to be a stronger ethos in schools and clearer structures and guidelines, so teachers, parents and pupils can work together. When there are perceived gulfs and gaps, that’s when the problems start.”
This is exactly the ethos that underpins Parents Helping Parents - we all must work together - and there are no perceived gulfs and gaps - more like bottomless chasms !

If this is the solution – and a starry-eyed one at that – parents need to stop passing the buck and accept responsibility for Little Jimmy’s bad behaviour. “Discipline and respect needs to come from the home,” says Jane. “The parents don’t respect the teaching profession any more than the pupils.”

And in her case? “I was the accused tried by the accuser. We need a third party to take over and form their own opinions without the head interfering. Yes, we must protect our young people, but we must also protect teachers. We need an independent external body… and we need it fast.”

Jane Watts’s blog ‘False Allegations Against Teachers’:
http://teacherallegation.blogspot.com/

4 comments:

Anonymous said...

Anyone that has ever been falsely accused understands the immediate impact of that allegation. There is absolutely no physical evidence to corroborate a false allegation and there leaves no ability for a person to defend themselves, under the presumption of guilt, against the mere words of another person. The public is immediately filled with disgust, anger and prejudice that someone could ever commit such a horrible act, especially upon a child. They also immediately take the position, much with the help of our media and the Internet, that false accusers never lie and they have no motive to do so. False allegation cases of sexual abuse require NO evidence to prosecute and convict. Even when a person is so fortunate to be cleared of the false allegations against them, the public will be of the opinion that they just simply got away with it. And the accused is damaged forever. Others may take a plea, although completely innocent, to avoid the risks of a lengthy prison term if they lose at a trial composed of naturally biased jurors led by emotionally and fear driven prosecution not based in any forensic evidence. It becomes a better safe than sorry wrongful conviction.

If we were discussing being accused of murder, the taking of another person's life, we would see every rule of evidence being checked and double checked. No stone unturned. Would you convict a person in your own mind simply because someone told you that the person did it and without a single shred of forensic evidence linking that person to the act? Of course the prosecution is going to tell you that the suspect is guilty; they are empowered to win at any cost so you can continue to "feel" safe within your community.

No person should ever be subjected to arrest unless there is physical evidence against them; not just the word of another person. And if the allegation is based solely upon the verbal allegation, then the accuser should be thoroughly investigated for signs of motive, intent and obvious opportunity of benefit for making such an allegation. If we were to start punishing the false accusers to the same degree we are willing to punish the falsely accused, I believe false allegations would greatly diminish. False allegation is the perfect crime. It requires no evidence. Only a convincing story laced with some drama and tears; and you can ruin someone's life forever. Stop these witch hunts and start to demand evidence and accountability! Yes, this can happen to you. Ask any of the over 750,000 sex offenders on registries in the US; the youngest at age 12 I believe. The list is growing and its easier than ever to get on. Think you could reason your way out of a false allegation? Think again.

Tony Butler said...

This article only scratches the surface of what is a major problem in schooling i.e. that of malice aforethought.

It is not only pupils and parents that level malicious accusations against teachers it is head teachers, school governors, Local Authority representatives and even other teachers.

Teachers sabbotage each other and L.E.A.s have whispering campaigns in order to scupper colleagues.

There needs to be a renewed emphasis on morality all round and the immediate dismissal and prosecution of anyone maliciously damaging another person's reputation.

Anonymous said...

strange how this website is always updated at the same time as the very similar website teacherallegation blog who's link is shown above. Looks like it is run by the same people don't you think?

Anonymous said...

nope! all the post dates are wildly different.

mrs watts has only 3 posts for 2012, in october and september.

on this blog there are 4 posts for 2012, in august, july and may.

i wonder why anyone would make such a strange observation that plainly isnt true!

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