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AIBU?

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Original poster

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

157 replies

WoodlandElf1 · 01/11/2018 20:22

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?

OP posts:
AuntMarch · 01/11/2018 21:15

Safeguarding trumps confidentiality or data protection or whatever.
How come you have been more involved with the case, and what is his job?

Definitely speak to the LADO, they will advise.

I am amazed that he would even want to come back though, mud sticks.

cdtaylornats · 01/11/2018 21:24

It doesn’t actually matter if he is innocent.

Are you serious? So anyone working in a sensitive area can have their life and career ruined by an unproven suspicion?

allthatmalarkey · 01/11/2018 21:24

At a voluntary agency I worked for we had someone offering to volunteer who rang alarm bells for everyone that met him. The member of staff responsible for recruitment was smart enough to say let's wait for his CRB (as it was then) and get both his references). The CRB was clear and the references from a sister agency were glowing. This isn't to say you could be wrong, but I liked the way the system was used to make sure we'd done everything we could.

I'm sure the change to DBS meant that even a complaint that goes nowhere will show on an enhanced check - this is to tackle the Ian Huntley, accused again and again in different areas scenario. However, I suspect it's still in the hands of the employer to decide what to do with the information. You'd think an employer could refuse to take the risk, given the stats on failed prosecutions. Could you ask if your employer has checked that if a family sue later for damages done by this man, the liability insurer would cover it under the circumstances? Even small agencies usually have some outside service they can get legal/HR advice from. Have they taken advice on how to handle this? You'd think your boss would rather be shot of this individual too.

theOtherPamAyres · 01/11/2018 21:25

At the moment, the police do not have enough reliable evidence to secure a conviction at court. The police don't 'drop the charges' however - they issue the suspect with a 'no further action' notice.

He will have been told that the case will be re-opened if and when they can secure that reliable evidence, or new allegations are made.

An enhanced DBS check may well show brief details of the investigation - at the police's discretion.

In other words - it hasn't gone away. It's on file and sleeping, for the time being.

TatianaLarina · 01/11/2018 21:30

Are you serious? So anyone working in a sensitive area can have their life and career ruined by an unproven suspicion?

I am serious. Children’s safety is more important.

As the guy who set up Children in Need said: ‘I don’t need a criminal conviction to know Jimmy Saville shouldn’t work with children’.

TatianaLarina · 01/11/2018 21:32

*Savile

Witchesbritches · 01/11/2018 21:33

💐ParkheadParadise. It’s makes a total mockery of the law doesn’t it. I wish all kinds of hell on the bastard.

WoodlandElf1. Of course you’re not horrible 🌷. I TOTALLY understand you feeling like you might resign if he comes back. Totally. But personally I’d be determined not to let the guy have it easy - I’d stay and be on his Every Single Move and pushing management to get rid of him and do whatever they can to make sure he never works with children again.

TheSmallishMan · 01/11/2018 21:35

How awful, I really feel for you and in your situation I don't know how I could work with this person and wouldn't be able to afford to resign.

I had a similar situation where the PPU knew a person was guilty of sexual offences but witnesses were deemed unreliable and the CPS decided not to go ahead with charges.

It truly sucks and I know how you feel. I do believe the person in question will be punished at some point for their heinous offences and so will your guy. I have to keep hopeful.

TheSmallishMan · 01/11/2018 21:38

And you need to do what you can to safeguard your wellbeing. It may be that you can't do anything to change the situation at the moment. If you need to resign and can do so without any negative impact, do.

Gemini69 · 01/11/2018 21:44

this is awful OP... truly awful.. you're right to be concerned... particularly as you have knowledge that nobody else can ever know... I wish you luck in every decision you make... Flowers

bridgetreilly · 01/11/2018 21:49

I would have a talk with your manager about what additional safeguarding procedures can be put in place to ensure that there can be no possibility of any wrongdoing in the future whatever may have happened in the past.

MazDazzle · 01/11/2018 21:52

This may well be the first allegation against him, but it is unlikely that he only targeted one family. Hopefully, other victims will come forward at some point. In the meantime I’d stay where you are. Don’t make this easy for him.

LanaorAna2 · 01/11/2018 21:53

Introduce new practices at work that ensure neither he, nor anyone else, is left alone with potential targets or gets the sack immediately for gross misconduct.

A lot of orgs work this way already.

ReanimatedSGB · 01/11/2018 21:56

I think there's a lower standard of proof when it comes to keeping someone on in a job after they have been investigated for a crime. Given the nature of the work and the nature of the accusations, I think your organisation might be on fairly solid grounds to say: we're not having you back, pal. Because if your bosses feel the balance of probablilty is that he did it, that's good enough to fire someone even if it isn't good enough to send them to prison.

Puzzledandpissedoff · 01/11/2018 21:58

Due to my connection to the case I know far more details than any other colleagues

Just thinking - did the police interview you as part of the investigation? In other words, did you know the entirety of what you know and still not pursue it?

ColdNeverBotheredMeAnyway · 01/11/2018 22:06

I would speak to your superiors, speak to the police, anyone who can support you.

Then stay in your job, watch his every move. Ask your organisation to implement a policy of no one working alone with children. Make sure he knows you're watching him. You're doing nothing wrong.

If you leave... he's free to do whatever he wants without being watched. I would want to stand over his shoulder at all times.

Tistheseason17 · 01/11/2018 22:08

Please Perdue this, OP.
Some great advice from PPs regarding putting procedures to place to reduce risks.

I also think an update DBS enhanced check is warranted as even though insufficient evidence to charge, if the police think they are a risk it will come back on report, not all about convictions.

Check employment contracts and policies. Likely something in it for instances like this Inc bringing employer into disrepute etc..

Good luck

LanaorAna2 · 01/11/2018 22:10

I would have thought any sane employer in your field wouldn't touch him with a bargepole, let alone have him back. What does it say about their firm?

TheBigFatMermaid · 01/11/2018 22:10

I thought that Ian Huntley having a dubious history, even though he had never been convicted, lead to changes in DBS, I thought if there were things suspected, they could nt work with children!

I may be wrong though.

It might just be is now shows on a DBS, even without convictions, which would not be relevant if he is already working there.

cdtaylornats · 01/11/2018 22:23

Children’s safety is more important

Would you feel that way if someone complained about you and you were sacked regardless of the outcome.

TatianaLarina · 01/11/2018 22:35

Would you feel that way if someone complained about you and you were sacked regardless of the outcome.

I would accept that as a consequence of police investigation of working in that field. It’s why it’s very important to maintain appropriate boundaries - it protects both sides.

I’m not sure what ‘complaint’ has to do with anything.

TatianaLarina · 01/11/2018 22:36

Don’t you think it would have been better if Huntley had been sacked, even without hard evidence, than two girls losing their lives?

beccii161016 · 01/11/2018 22:40

@cdtaylornats I think the issue here is that the person accused hasn't actually been found to be innocent, they just don't have enough evidence to take the case to trial. That's massively different.

If someone has charges dropped against them due to police investigation, more or less, proving their innocence then I agree that it should not tarnish their name for life.

However, this person, from the information given, fits more into the box of "we know you did it we just don't have concrete evidence enough to take you to trial".

Very different. There's true innocence and there's getting lucky on a technicality.

TatianaLarina · 01/11/2018 22:41

In addition, the OP is in a position to believe that the accusations are true.

PyongyangKipperbang · 01/11/2018 22:45

If he is found to be innocent in a legal sense I guess the company do not have a choice than to let him back

He hasnt been found innocent. Sorry, not normally pedantic but there is an important distinction....

Guilty - obvious
Not Guilty - Means guilt not proven and not that the person is innocent.

No Further Action - Means that there is not at that point, enough evidence to secure a conviction. The case can be re-opened if further evidence comes to light. It is the CPS that makes the decision on whether to take to court and not the police.