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Libel or not???? Sorry long and ranting...

22 replies

unjust · 09/06/2006 22:05

I had a visit this morning from Ofsted. They came to investigate a complaint that was made against me. It turns out it was a case of mistaken identity and was not me at all. Yet this complaint will still go on my record and will show on my next Ofsted report. How is this possible? It was not me yet it will not say that on the report just that the investigation is closed. How BLOODY UNFAIR is that???????

This is a Thread I posted a couple of days ago on the childminders bit.Would I have a case of libel against Ofsted if they wrote on my report for all to see. They sent me a letter yesterday which I now have to show to new parents that states I have been investigated but no where on it does it say it was a mistake just that i have been investigated and the case is now closed. My whole reputation, which I have taken 10 years to build is now at stake.To make matters 100 times worse I have been nominated for an award that would be taken away if I were to have been investigated by ofsted. Thing is it was not me, they have found the person it was, she admitted it and they have dealt with her and now her case is closed but mine is still going on. Where is the justice in that. I have stopped using my trading name and wearing my uniform as it makes me a target. I am at my wits end and have not slept properly all week and dont even want to work at the job I love for fear of being accused of anything. I just dont know what to do now.

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helsi · 09/06/2006 22:07

sorry no solution but it is very unfair. i would fight this!

tenalady · 09/06/2006 22:07

Sounds bloody ridiculous to me. Isnt Dinosour a lawyer, I know there are a few about maybe give you some guidance.

tenalady · 09/06/2006 22:11

blueshoes, manicmumday, hulababy dh, any of those might know if you have at least a chance of contesting it.

unjust · 09/06/2006 22:15

Am all upset again now just thinking about it. Off to bed to stare at the ceiling all night. Will be back tommorrow. Thanks.

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edam · 09/06/2006 22:16

Agree re consulting a lawyer. And your MP - they are usually often v. good at fighting a constituent's corner against bureacracy. Don't know how you appeal against Ofsted but it could be the parliamentary ombudsman, who can make findings of maladministration and award compensation.

thewomanwhothoughtshewasahat · 09/06/2006 22:19

no advice but plenty of sympathy. I can't believe it goes on your record at all, let alone without saying it was mistaken identity, I mean it's a non-started. I agree that your mp might be a good idea

tenalady · 09/06/2006 22:24

You can appeal apparantly \link{http://www.ofsted.gov.uk/publications/index.cfm?fuseaction=pubs.displayfile&id=3324&type=pdf\this}

tenalady · 09/06/2006 22:25

Scroll down and it shows you who to contact and time frames. Good luck

unjust · 10/06/2006 07:08

Thanks for that. I have already begun an official complaint and they have 20 days in which to reply to it. My line manager telephoned the regional head of ofsted and complained on my behalf and to all intents and purposes ,apparently, I am as guilty as the other person as they,Ofsted, said that I should have reported my friend, for a minor everyday incident that has been blown out of all proportion, and not left it up to a member of the public. GUILTY BY ASSOCIATION.
I have been investigated by social services without my knowledge, as they never even asked me if it was me, and then by ofsted before they asked me if it was me and because I have been investigated it will go on my record. Guilty! and according to ofsted that is that.

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tigermoth · 10/06/2006 07:41

this sounds really unfair - I hope you can get some answers soon. At the very least, can't the ofsted note on your record state that it was a case of mistaken identity?

unjust · 10/06/2006 08:03

Ofsted said that I have to write a covering letter of my own to go with theirs that says it was a case of mistaken identity. How stupid is that, anyone with a complaint made against them can tell anyone, Oh it wasnt me, can't they?
I have just wrote a very long email to my MP and will see a solicitor later in the week. I will take it to the HIGH court because it is not right and they should not be allowed to do it.

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unjust · 10/06/2006 08:04

How can ofsted keep a record for the public to see accusung me of something yet repremand someone else who admitted doing it.

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tigermoth · 10/06/2006 08:20

this covering letter that Ofsted suggest you write - will someone from Ofsted then verify it? (ie put a signature on it or official stamp on it or something?).

I mean if anyone can add a covering letter, how would Ofsted stop the really guilty people from adding covering letters say 'it was not me, I did not do it, Ofsted inspectors were lying'.

If there is an Ofsted process that verifies covering letters, you need to know it so you can explain it to parents who see the ofsted comments.

Still far from perfect, but assuming there is a verification process, it might help in the short term and anything legal could take some time.

threebob · 10/06/2006 08:28

If it wasn't you - then it can't be a complaint about you can it? It was a complaint about the other person.

It is insane and you have my sympathy.

unjust · 10/06/2006 14:43

The covering letter is up to me and so is the fact that I have to show parents, I can really se me doing that! I now await a reply from my MP, not sure what she can do but it was worth a try. Thanks for the support, it means a lot. Ofsted told me not to tell anyone about it all as it is confidential but at the moment I dont give a monkeys.If it was that confidential they would not be printing it on my next report...

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edam · 10/06/2006 15:09

oh, this gets better, you aren't supposed to tell anyone? therefore neatly preventing you from even finding out what your rights are? I do hope you get them bang to rights on this and force a change in policy. do speak to a solicitor. However, you might want to be very careful about identifying who the complaint was actually about - just say it was another person but don't give their name or identifying details.

unjust · 10/06/2006 15:34

I take your point and would never reveal the other person as she is my best friend, a difficult situation but one she fully supports me in.

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unjust · 19/06/2006 15:52

Totally cleared. Had to get my MP involved and it was her direct intervention that got the allegation removed.

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Carmenere · 19/06/2006 15:54

Good for you!!

Katymac · 19/06/2006 16:02

Thank goodness I was watching this carefully - I was so frustrated for you - but I didn't dare post in case I got too incoherent with anger (iyswim)

unjust · 19/06/2006 18:28

The thing is that Ofsted will put on your record any allegation made against you whether it is true, untrue, malicious or unfounded. It is their policy. Well thats what they think!!!!!

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unjust · 19/06/2006 18:31

Watch out for a change in policy hopefully in the not too distant future. This cannot keep happening to people who are innocent. It is not right.

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