Police have dropped charges - how do I 'forget' about all of this?

[WoodlandElf1]

I have to be a bit careful in what I say here but really tricky situation. Someone I work with, work associated with children, was accused of some terrible sexually abusive, grooming and rape crimes against a child. The police launched an investigation, but 6mths later said they felt the case wouldn't stand up in court. He will now return to working with me.
I don't believe he is innocent. Due to my connection to the case I know far more details than any other colleagues, and my logic, gut and everything in me tells me he is lying and has gotten away with this. I believe in innocent until guilty, I really do, but I also know the shocking statistics of actually how many paedophiles end up in court! When he was accused he kept changing his story and talked about it with such a sense of superior arrogance, it felt like seeing a completely different person - someone I'd never met, as if the mask slipped. I can't explain it I just know there is so much more to this than he says, and I believe the family. But I need to now set that aside and work with this individual again, I act in a type of mentor capacity - and I just can't do it if he returns. I cannot wilfully let him work with children again and I cannot support it. I know IABU - it's not my place to decide if he is guilty or not, but I am not an irrational person, or an overly emotional person, but nothing about this sits right with me. What do I do?

That sounds like an awful situation and I'm sorry you have to deal with. Needless to say I'm sorry for his victims - it's an outrage that the pervert will never face court.

Can you raise this with your superiors? Just because the case doesn't fulfil the CPS's burden of proof doesn't mean he should return to working with children, is there a possibility he can be dismissed on fitness or competency grounds? And remember if he's been at the organisation for less than two years he won't be able to claim unfair dismissal.

I wouldn't be able to work with him, and would have to resign. And make sure everyone knew why.

That's utterly horrifying, OP.

Having been through something similar, I would suspect that on his paperwork from the police it will say something along the lines that it will stay on his record (if he was arrested and investigated, although not charged). Is it possible you could do an enhanced DBS and see if it shows?

Lizzie I'll be breaking the law if I reveal details of the case... but I do think I'll be resigning if there isn't another way forwards. The individual accused is very eloquent, well liked and sociable, the family involved very vulnerable... for those who know scant details of the case they assume the family made up malicious lies. I think the police know he's guilty, the investigating officer almost said as much to me, but proving it is a whole different story.

What has been happening whilst he's been investigated? Has he still been allowed to work? Your employer should be conducting their own investigation, surely?!

Depending on what type of area he's working in (eg local authority social care or health service) the police are obligated to share this information with other agencies, regardless of whether or not it goes to court.

You don't need to do anything rash as of yet. Clearly outline your concerns and emphasise the potential for reputational damage. He's got lucky once, but he won't always, and this could destroy the company if it happens again under their watch.

He hasn't been allowed to work, and it was only today my manager said he would be returning. We're not a local authority, but that's really interesting Fatted. Would it apply to private or voluntary sector organisations?

The burden of proof to dismiss from employment is much less than you need to find someone guilty in court. I would be talking to your HR/Legal team/contact and asking them to look into it.
I’m so sorry that you are in this horrid situation.

ATowel we're tiny, there is no HR department... I think my manager is finding his way in the dark on this one! I may ring the safeguarding officer for the local authority though for advice - they certainly know of the case already.
Thank you all, I was half expecting a range of responses telling me I was a horrible person!!

How long has been employed with the organisation?

Definitely call the LADO. Is this something he is accused of doing to a child he is involved with through work? His employer can do their own investigation now that the criminal case is over, and they don’t have to meet such a high burden of proof

You poor thing. And I feel so sorry for the family, too.

I can understand why you'd want to resign, but I'd worry about a trustworthy person leaving while an untrustworthy one stays. It feels like the untrustworthy person will be given a freer rein, somehow. (But then again, it's not your job to police other members of staff.) Ugh! What a horrendous situation.

Do they have less than 2 years service? If so they have no protection and can be dismissed for no reason unless it's one protected by law (race, disability, gender etc)

That sounds awful WoodlandElf1
I couldn't work with him.

When the evil bastard who murdered my Dd walked free on a NOT PROVEN verdict the police were as shocked as us. Everyone knew he had done it except some of the jury is seems.

Call safeguarding and dbs. Your boss needs to check the rules on this.
Whistleblow if you have to. There must be an authority that regulates agencies that work with children. There must have been social services involvement

He's been employed more than two years...

It seems very odd that this person is being allowed back into this line of work. What is your manager thinking? What are his managers thinking?If this guy did it again it would be entirely on their heads.

I don’t really see that your manager is feeling his way in the dark - they way forward is very clear.

If you can’t get sense out of your manager then keep going up the hierarchy until you do.

For sure contact the safeguarding officer, and also the safeguarding board.

Why would OP be breaking law to reveal details of case? How is that possible?

Do you work in some part of local government, or some kind of charity type independent setup?

But what if he is innocent? I know you believe he isn’t but what if your wrong? It’s a horrible thing for you and your colleagues but you need to set everything aside and get on with your job. You don’t need to be his best friend just civil. Btw I would be exactly the same as you, I wouldn’t want to work with him but knew I’d have to.

It's hard to say with so little information about what kind of organisation you work for, but since it involves children surely there must be a safeguarding/regulatory body involved?

If so, I'd contact them - though if it's a council please make sure you document everything they say (or preferably communicate strictly in writing)

It doesn’t actually matter if he is innocent. The that he’s had the investigation and the OP has genuine concerns is enough to trigger safeguarding issues.

If you can’t be 100% sure, he can’t work with kids, it’s a simple as that.

I assume your a voluntary sector support agency?

I'd probably have a (off the record, anonymous) conversation with the funders,

There must be rules that would mean they wouldn't continue to fund if broken like as another poster said above not having a staff member who has failed a dbs check. (Not that I know if he would)

Just as a point he hasn’t been “ found innocent” the police were just unable to meet the evidential test. There will also be nothing to stop them pursuing the matter again should further evidence come to light. I think if he was in a position of responsibility over children or other vulnerable people then I would refer to the LADO for further advice.