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?

Thank you to abacucat who clearly knows what they’re talking about, for taking the time to post.

It’s very odd that the manager has not already triggered safeguarding procedures, ‘clueless’ barely covers it. It shouldn’t be for the OP to have to chivvy him.

A person's live is not 'ruined' by them being barred from working with vulnerable adults and children on the grounds of 'false' accusations

Mine would be. Ive trained for years, and have an established career in a vulnerable sector. There is no non vulnerable side of my career path.

Would you say that to anyone? Doesnt matter that you got illegally fired etc, just get another job?

Samphire too.

Remember the weird neighbour of JoannaYeates - the woman murdered in Bristol. Lots of people were convinced he was guilty when he wasn't. He had changed his story and came across awfully to everyone.

Unless you know actual facts then you can't rely on your 'gut' and your 'feelings' .

If the case involved child rape then you know the police will have investigated it very carefully.

If I were you I would stay and monitor him.

If I were you I would stay and monitor him And that would be so fucking stupid! If there is any further action against him OP would have prejudiced the case. If there is no further action against him she would be harrassing him!

There is a procedure in place. All OP has to do is get her boos/organisation to follow it.

Falli if you were accused and the police NFA the case your employer should also do their own procedural investigation. They need to check that they are on good legal ground, that they could support you in staying in work or even moving you to another position to protect both you and themselves, if necessary. Safeguarding is there to protect all parties. Kicking the query up the safeguarding ladder would ensure you were not illegally fired as well as ensuring that you and your employer were not left open to any further legal challenges.

No idea if this is actually enforceable but can you refuse to work with someone? Can't you say that because you know so much about th case you don't feel you can work with this individual? The company allowing him back (legally do they have a choice?) Is almost condoning his actions and, it seems, permitting him access to vulnerable children and families? If they don't have a choice then that's one thing, but if they have made this decision knowing all the facts, then I would quit. Without giving away details I would just say you are leaving because of him.

Absolutely this PERSON should NEVER be with vulnerable children...

There is absolutely a case for sacking him... He hasn't been 'found innocent',
just cps currently can't make the charges stick...

The innocent to proven guilty is a legal principle.. (any lawyers please correct if necessary!)....

But

Quite different 'rules' apply....ie It is quite different running an organisation employing people to work with vulnerable clients.

This 'innocebt to proven guilty' doesn't apply... He's still (most likely) a paedophile /sex offender.... It is on the balance of probabilities that the employer needs to work on... It sounds YOU believe he's most likely guilty... Please tell your employer this... Get legal advice... And he should NOT be returning to work.

Also please ring your local child protect. Team /nspcc for advice... They should be helpful. I worked in child protection for years... We often had enquiries like this..

It will get some power behind you.

curious
no i agree that safeguarding should be followed, but thought the previous posters statement that people should just work in "all sorts of other areas" odd.

CureousAboutSamphie

No need to be so 'fucking' rude. Disagree with me by all means but no need for the aggression.

I actually agree that the OP should speak with her managers etc.

Cup I was saying YOU were fucking stupid, but that the action you suggested would be!

The importance of the position the OP finds herself in makes me really angry when she gets daft advice! So I will be as rude as it takes to get some posters to understand that there is NO OPTION for her but to report it up the safeguarding ladder and then she MUST CEASE AND DESIST until/unless she asked to do more by someone in real authority!

Falli I see what you mean

It's probably really obvious but I have been in the same situation as the OP, but in my case the man accused was innocent and the 2 young ladies making the accusations were delighting in ruining his career.

I knew it, I was privy to some information they were sharing amongst their peers. The temptation to say something publicly, or indeed to him, was enormous. But I couldn't as I knew it could wreck any chance of the truth being known. I had to sit on the fact hat the authorities knew the girls were lying for months. MONTHS that he lived with the accusations and some quite despicable actions.

So I know how hard it will be for OP to do the this. But it still must be done!

Cup I was saying YOU were fucking stupid, but that the action you suggested would be! Ye gods!

Sorry Cup I was not saying you were fucking stupid... what a bloody stupid error! Feel free to report me!

@worridmum

I Don't think you understand what anonymity means.

And nobody is saying he shouldn't ever work again. Where do you get this crap from?

This is a really awful situation for OP.
Her company need legal advice.
Employment lawyer would be able to advise.

If it's not handled properly, he'll have a good case for tribunal.

On the other hand, we can't simply go around sacking people because we have a 'gut instinct' about them.

On the other hand, we can't simply go around sacking people because we have a 'gut instinct' about them

That's not what's happening here. The man in question was investigated by the police for sexually abusing a child from a vulnerable family. As others have said the case might yet be reopened.

As for the person talking about Christopher Jeffries, whilst I agree he was completely turned Over by the police and tabloid press, I wouldn't want him working with children or vulnerable people either.

When it comes to safeguarding normal rules of "fair play" just don't come into it imho. It's too important.

OP, the situation is complicated by you being gagged from saying what you know. I see two options:

Comply with the gagging. Advise your manager (or other relevant staff at your company) to do a fresh DBS check on the suspect, tell your manager you're legally barred from sharing any more information, and inform them that you're not prepared to work with the suspect.

Or ignore the gagging becausw you feel what you know should be public, spill all the beans to your boss, social media, etc. And accept the consequences of that which could be sacking and jail time for you, and disrupting further police investigation of the subject.

Our justice system relies on ‘innocent until proven guilty’

He hasn’t been proven guilty, so in the eyes of the law he’s innocent.

You have no choice but to either deal with this yourself or resign. You have no ability to prevent him returning to his job, and it’d be massively overstepping your boundaries to try and prevent him from doing so, unless you’re the manager/owner and have sought legal advice on whether you can fire someone for an unproven allegation.

It sounds like you’re just a colleague. You need to find a way to work with him, or go ahead and resign. You have zero idea whether he’s done anything or not, your hunches and suspicions are undoubtedly biased and not in themselves a valid reason to prevent someone from working.

I understand it might be upsetting, but with respect that’s your issue to deal with. And I think your energy would be better spent trying to work out whether you can come to terms with this and keep your job or whether you feel it necessary to leave. You can’t and shouldn’t have any influence on any other part of this.

I'm a bit shocked the LADO hasn't been informed tbh. Surely the police or your manager did this?

Sorry I missed that the OP can not say anything about the case. But the manager must know something about why he has been off work? So say to the manager that you know more about why the person is off, but you legally are barred from saying, and that you advise that the manager carries out another DBS and speaks to LAPO. Again if nothing happens, follow your organisations whistle blowing procedures and contact LAPO yourself. But follow the procedures.

Also write down exactly what you do and say, sign it and date it. It is important that you do this.

Someone advises that an employment lawyer needs to be contacted. TBH ACAS and LAPO can give the advice needed. ACAS especially are brilliant at advising clueless small organisations.

The key thing here is that the organisation needs to go through their own process to investigate whether the employee should return. And since he will be in contact with vulnerable people, then the answer really should be that he should be sacked. But this can be a long process. While the process is happening he should not be at work. I have allowed someone to return in a far far less serious situation where he would not be in contact with children or vulnerable people.

But as I said before, whether eh is innocent or guilty is irrelevant to the fact that your organisation needs to go through a process to ascertain whether he is safe to return to work.

@SlipperyNettle - sometimes things go beyoung being intellectuall exercises and different rules need to apply.

Also to those saying the manager is beyond clueless, sometimes people hire managers who have been involved in large prestigious organisations, not recognising that managing a small organisation with no HR, often no proper manager above them, means that the person requires a very large breadth of knowledge. I have seen this happen, so it does not surprise me e.g. manager who previously managed very large department in well thought of organisation, is given job managing a small organisation with far less staff and resources than previously, but with the support of a large organisation where you run anything controversial by HR. It is very different if you are effectively HR.

So what’s your suggestion Suttree? Given that the police haven’t found him guilty, OP isn’t his manager, and none of us (including OP) have any idea whether he’s done something illegal or not?

As for the person talking about Christopher Jeffries, whilst I agree he was completely turned Over by the police and tabloid press, I wouldn't want him working with children or vulnerable people either.

Why? He did absolutely nothing wrong and had worked for many years in a school with an entirely unblemished reputation until he was 'completely turned over' by the police & press.

And not sure why people think the company can investigate?

The organisation needs to investigate. Legally they need to. They are NOT investigating whether he is guilty of the charge, but whether it is safe and appropriate he returns to work. This is totally different. For example, someone may admit to the police inappropriate behaviour that makes them unsuitable to return to work, but still may be claiming they are innocent.

Allegations are now recorded for anyone needing an enhanced DBS, and without clear evidence of innocence, nobody with serious allegations against them should be employed in a position needing an enhanced DBS.

Also note OP that you have a your own responsibilities under whistle blowing procedures. You can not ignore this. And every organisation legally should have these.