CAMPAIGN ON BEHALF OF FALSELY ACCUSED CARERS AND TEACHERS

Vol. 3/8
FACTION
FACT, INFORMATION, OPINION and NEWS
Conference Edition
June 2007
24 Pages

Lord Chancellor acknowledges

impact of false allegations
The Lord Chancellor gave rightful concern to ensure children are properly
the keynote speech at the protected, and the immense damage which
National Association of allegations, even when established to be false, can
Headteachers recent do to the standing and the personal well-being of a
annual conference. teacher generally, means we have got to have
Although the speech was systems in place which give children a sense they can
primarily about human feel safe, they can make the allegations, but as well
rights the Lord Chancellor give teachers the security they will be fairly treated
tackled head on the issue when such allegations are made, and suitably
of false allegations. He vindicated if the allegations are found to be false.
said “False allegations can These allegations can come at the teacher through
take so many forms, disciplinary proceedings, through police
ranging from sexual or physical abuse, to equally investigations and in serious cases trials, and
false allegations of failing to spot a child's potential, through civil court actions or they can come through
and to allegations of negligent failure to prevent all three.”
accidents to children”. Right To Be Cleared
Allegations Must Be Carefully Thought Through “Where allegations are made and aired like that,
“We all agree that serious allegations must be and the school knows of them, there needs to be a
investigated, and children should feel safe. We process where the clearing of the teacher is made
know there will be cases where wrong doing is clear and public. In most other cases where some
found. But the way these allegations are form of disciplinary proceedings are going on, the
investigated, and the way the law deals with them name of the teacher should be kept anonymous.
needs to be very carefully thought through. The Where ever such allegations are made the teacher
process is designed to get to the truth and to be fair should be given the fullest possible opportunity to
to those making the allegation, and, crucially, the know of the allegations and rebut them. The
subject of the allegation. We have already teacher should not automatically be suspended. The
introduced regulation for those claims farmers who school or the lea should think carefully before any
unreasonably encourage people to sue when there suspension about whether it is necessary. They
is no basis. should deal with the internal cases as quickly as
Teachers Are Very Vulnerable possible consistent with fairness. Suspensions going
The police are usually careful in the way they on years, or investigations going on years ruin lives
investigate sex or physical abuse allegations but we often utterly unfairly. Your human rights demand a
need to focus as well on the schools setting and fair process. And that basic fairness is what any
internal discipline. Teachers are very vulnerable to person would expect. Its common sense.”
false allegations. The combination of society's Continued on Page 3

FACTion is Sponsored by Paragon Law

June 2007 Page 1
 Falsely Accused Carers and Teachers Editorial
F.A.C.T. is a voluntary organisation which supports carers and teachers
who have been falsely accused and/or wrongly convicted of child At this time year, I wake up and ask myself whether it is
abuse, and campaigns on their behalf, for changes in investigative going to be a Spring-like day, a Summer day, or more like
practice, and for reform of the criminal justice system. Autumn or even Winter. It’s a bit like that with F.A.C.T.
Committee and Editorial Team Often I ask myself, will today yield good, bad or
F.A.C.T. is managed by a national committee who can be indifferent results?
contacted as follow:
Sometimes we take one step forward and two steps
Chairman Rory ([email protected]) back; and at other times two steps forward and then one
01787 227997
step back. Rarely, though, do I feel we are at a standstill.
Secretary Michael ([email protected]) Each year we make steady progress.
02920 777499
Treasurer Ian ([email protected])
Every time we move forward, however, I am quickly
01905 778170 reminded that somewhere someone’s life is being torn
apart by false allegations, so it was particularly pleasing
Lobbying George ([email protected])
0113 2550559
to see the Lord Chancellor nail his colours to the mast
during his speech at the National Association of
Membership Ian & Joy
Headteachers' Conference.
([email protected])
01594 529 237 Whilst we might not agree with every thing he said and
Parole George ([email protected]) has done, we have to recognise that Lord Chancellors are
very careful only to comment on serious issues of the
Press Gail ([email protected])
02920 513016
day. Whilst his talk was very much about human rights,
his acknowledgement that teachers, in particular, are
Prison & Family Support Joy ([email protected])
vulnerable to false allegations is a major breakthrough.
01594 529 237
The committee is also supported by one other member, and It was also very pleasing to hear Professor Zellick,
up to three co-opted members, and representatives from Chairman of the Criminal Cases Review Commission, at a
the regions who can be contacted via the national secretary. conference called to mark the tenth anniversary of the
All correspondence should be sent to: C.C.R.C. acknowledge the difficulties faced by those
F.A.C.T. defending historical allegations. Both these events
P.O. Box 3074, demonstrate the value of conferences, both as a means
Cardiff, CF3 3WZ of supporting individuals and lobbying for change.
or by email to [email protected]
F.A.C.T.’s two main regional groups can be contacted at: These past few months have seen F.A.C.T. at its busiest.
The call by F.A.C.T. women, and subsequent F.A.C.T. vigils
F.A.C.T. North West,
P.O. Box 167, PRENTON, CH26 9AX
throughout the UK and for the first time in Australia,
[email protected] provided an excellent springboard for our Spring
Conference. We are very grateful to all those who took
F.A.C.T. North Wales
part in the vigils, or helped organise them, and to those
P.O. Box 2161, Wrexham, LL13 9WQ
[email protected]
who attended the Conference. I think you will agree the
Committee have worked very hard to make both events
FACTion
a success.
FACTion is produced at approximately 6-8 week intervals at the national
committee’s discretion, and is provided free of charge to F.A.C.T. We had two excellent speakers at our Conference; both
members. The editorial team welcome articles for publication of about experts in the field of investigative practice. One a
150 to 1,500 words, and letters of not more than 200 words. These professional investigator, the other a lay advocate. What
should be sent, to [email protected] or by post to FACTion, they demonstrated above all else is the need for a
P.O. Box 3074, Cardiff, CF3 3WZ. (email preferred) patient, systematic approach to investigating. Their
message is our message - don’t give up. With
The editorial team reserve the right to edit any article or letter
determination, perseverance and support you can win
sent for publication. All submissions must be accompanied by
through.
the contributors name and address which, on request, will be
withheld from publication.
With my best wishes,
The views contained in FACTion are not necessarily
Rory
those of F.A.C.T. or its national committee.

Page 2 June 2007

 Continued from Page 1
Chris Saltrese
Unproven allegations should not remain Solicitors
on file
Delegates at the NAHT's annual conference also Chris Saltrese Solicitors is a law firm firm providing a
premium service in representing clients accused
warned that unproven allegations currently remain on
of sexual offences and domestic violence, in
teachers' files and show up in Criminal Records Bureau
criminal proceedings. We have unrivalled expertise in
checks when they are applying for jobs, and that these areas, both regionally and nationally.
Headteachers are also obliged to note such unproven
Many of our clients face allegations as a result of
allegations when writing references. Lord Falconer
• domestic or relationship disputes
stressed that this should not happen. "In cases where
it is absolutely clear that the allegation is false I see no • contact disputes
purpose in forcing that to be included," he said. "It • mental health problems
would have a consequence for the CRB. Where it is • financial incentives
demonstrably the case that the allegation is false there and have no prior experience of the criminal justice
should be greater discretion as to what the school re- system. Often these allegations involve
cord, which is then what goes to the CRB." uncorroborated, historic allegations.
Compensation Culture In this complex arena specialist legal advice and
Lord Falconer also criticised insurance companies who representation is vital especially as recent changes in
advise local authorities to pay compensation to the law, designed to convict genuine offenders, also
put the innocent at greater risk of injustice.
litigious parents because it is cheaper than defending a
false claim in the courts. This encourages people to We particularly welcome carers, teachers, and
health care professionals who have been accused of
"have a go" and leads to "a culture which says, 'If I
abuse and are likely to be subject to a criminal
haven't succeeded or something has happened to me
investigation. Where allegations have been made
somebody must be to blame, and even if they aren't to we would be happy to advise, whether or not
blame, somebody will pay’. In the medium and long criminal investigations are underway.
run it is far more in the interests of society and I For further information please contact
suspect insurance companies if they stand up to these Chris Saltrese Solicitors
claims and fight some of them to discourage others." 13 Scarisbrick New Road, Southport, PR8 6PU
F.A.C.T. welcomes comments but .....
Tel: 01704 535 512
F.A.C.T. welcomes the comments made by the Lord
Fax: 01704 533056
Chancellor. However it remains to be seen whether or Email: [email protected]
not they genuinely represent a sea change in Website: www.chrissaltrese.co.uk
Government thinking. We urge every F.A.C.T. member,
particularly those affected by adverse comments on
crb disclosures, to bring the Lord Chancellor’s Christmas Gathering and Vigil 2007
comments to the notice of employers, police forces,
Please note we have had to change the date
the Criminal Records Bureau and M.P.s. In doing so it is
of our Christmas gathering which we had hoped
also important to make the point that teachers are not
would take place on the 1st December.
the only vulnerable cases. Care workers, health care
professionals, the clergy, and foster parents are just This will now take place one week earlier,
as, and in some ways more vulnerable, to false on the 24th November.
allegations than teachers.
The venue remains the same, St Chad’s Birmingham.
Legitimate Claim
Now is the time to press forward our legitimate claim
that the Police and Criminal Records Bureau adopt a
more rational approach to the recording of complaint Happy Birthday
histories, and that the Government introduce an
independent appeals mechanism so that people
Keith - July 30th
affected by the disclosure of soft intelligence have the Kevin - August 7th
right to appeal against the inclusion of any non
Denis - August 13th
conviction information declared on their crb.
Enjoy the day as best as you can

June 2007 Page 3

A new word for the English dictionary?
Lonce: a noun and a verb .... has two meanings ...
Verb: To wilfully and maliciously make false allegations of child sexual abuse.
Noun: A person who wilfully and maliciously makes false allegations of child sexual abuse.
We know of the saying, from the lying lonce’. Furthermore, its asso- smart way of introducing the word
times when capital punishment was nance with other words with unsa- and topic and beginning a discussion
carried out; “A liar is worse than a voury associations such as ‘ponce’ (a in many situations. Try this question
murderer because a liar can get you nasty exploiter) and ‘sconce’ (a Glas- or something similar or more
hanged.” For many people then, the gow word – verb - for a bullying ver- suitable. It works! People have to
liar in the court was a reviled and bal attack) could make it very fit for ask you what a lonce is.
despised person, to be compared purpose. The author of this article created the words ‘lager lout’
(also a description of an unpleasant individual) which
with some of the worst criminals. The malicious and wilful lies of the found its way into the English language from 1987, with
people we should begin to refer to as astounding effect. Can he do the same with ‘lonce’?
The liars still tell their heinous lies.
lonces are a major cause of many in-
Nowhere more so than in very many
justices. Given the dreadful conse- Prison
child sexual abuse cases, where the
quences of their actions, for those
liar of old has been rehabilitated by From time to time we are asked
the courts, with their criminal lies who suffer from their untruths, they
by individuals awaiting
ignored, even excused, in the great are among the most reprehensible
people in society. Also, no doubt, sentence how best to cope with
witch hunt for paedophiles. Where prison life. If you have been ( or
once the liar could send innocent heartlessly unconcerned with the
plight and pain of those who have are) in prison we would
people to the gallows, they now send
innocent people to jail for long truly suffered childhood sexual welcome your advice for
periods by falsely accusing them of abuse. publication in the next FACTion.
child sexual abuse.
Those who make false allegations of
Clearly there are very large numbers child sexual abuse, and the child
of people making false allegations of protection industry which creates
child sexual abuse. Therefore, the
language requires a powerful
favourable conditions for false Paragon Law
allegations to be made, control the
neologism to give simple meaning to, national debate on child sexual P a r a g o n L a w h a ve a d e s e r ve d
and easy understanding of, the very r e p u t a t i o n fo r b e i n g t h e U K’ s
abuse. The debate is unfavourable to leading immigration
nasty things they do. This would save us because their words, such as l a wy e r s , a n d a r e a l s o n o t e d fo r
us the difficulty of giving long, t h e i r e xc e l l e n c e i n c h a l l e n g i n g
victim and survivor, dominate the public body decisions.
laboured descriptions, as we try to language and political discussion. We
introduce a touchy subject. A succinct W e c a n h e l p y o u fi n d a j u s t
need to try to change that by having solution to:
word like ‘lonce’, which reflects the a word suited to us. Let us start by
essence of their vile lies, would also ü Prison Law
referring to ‘lonces’ to see what
make it easier to bring attention to ü Sentence Planning
favourable responses we get.
their pernicious activities. However, ü Re-categorisation
we must be always aware that not all ü Tariff Issues
We can use the word to express
those who make allegations are lying. ü Parole Matters
disapproval of the new widespread
While others sincerely believe their ü Lifer Issues
phenomenon of making and
untrue, deluded allegations, often as ü Human Rights
encouraging false allegations of child
a result of wrongheaded Paragon Law
sexual abuse, and investigations and Finebrook Studios,
psychotherapy.
prosecutions that always err on the 7B Broad Street,
The word ‘lonce’ has potency as it side of the accuser. With it we would Hockley Village,
rhymes with the dreadful word have a shorthand way of introducing NOTTINGHAM NG1 3AG
‘nonce’, the person at the bottom of our concerns into conversations and Tel: 0115 9644 123
the pile among prison inmates. This writings and thus ease the way to [email protected]
can bring discomfort, and a dose of dialogues more beneficial and www.paragonlaw.co.uk
their own medicine, to ‘lonces’ who advantageous to us. For example,
Committed to the pursuit
readily use the term nonce. Also, saying ‘Do you think there are a lot of
‘lonce’ alliterates with ‘lying’ as in ‘a lonces around these days?’ could be a of Quality every time

Page 4 June 2007

In my Opinion ..................... by Leon Andre Parks
Eleven months in the life of a vindicated teacher, the continued
aftermath of fallout and the search for truth.
You think that it will never happen to south coast to release papers, using Bombshell
you. The call to your house, data protection and freedom of The head and deputy outlined events
allegations, false witness, attempting information legislation. I have worked as best that they could, concluding
to prove innocence when, at the in the world of special needs with the bombshell that I had been
same time, all the evidence is in your education for almost 30 years and accused of “adult abuse” and would
favour and when the accuser has a started my pedagogical career in be subject to a PoVA (Protection of
history of fantasy or fabrication. It all 1971. Vulnerable Adults) investigation and
adds to the surreal life and mind set Knock At The Door procedures. To say that I was stunned
that one is plunged into. The illusions The account begins in July 2005 when is an understatement. My wife was
of justice, balance, honesty, my headteacher and deputy paid me angry and distraught. I, of course, had
openness, and the pursuit of truth a visit at home late one afternoon - no defence other than to deny the
are but a mirage in the face of a an unusual event because I live some allegation. At this point I was
blinkered chase by some depart- distance from the school, but still presented with no details or facts,
ments of the law and Local Authority welcomed because I am pleased to just the view that it was serious. I was
agencies. state that both are outstanding offered the opportunity to work on
Life Changing Experience professional colleagues, friends and the main school site but this was
To confront false or malicious wonderful people. I ushered a unacceptable to me because I was
allegations is a life changing and, at neighbour out of my house and my running, as head of centre, a Further
times, damaging experience. wife made us all a drink. It was Education establishment for 18/19
It is my story. Compiled from obvious that there was something year old people with severe and
contemporaneous notes, letters and serious to discuss and I immediately profound learning difficulties. The
the few documents that I have, assumed that it was a major problem move suggested would have created
finally, been allowed access. I had at school that the head was seeking a tremendous amount of questioning
first to engage governmental an independent view on from me as a on the basis that the move would
agencies to force my employer - a member of the senior management have been unplanned, unexpected
well known unitary authority on the team of the school. and, quite correctly, would have

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reputation for its advocacy, and for its friendly, efficient and professional service.
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We specialise in educational law, employment law, civil litigation and criminal law.
If you have been falsely or wrongly accused then contact:
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McSparran McCormick
Waterloo Chambers, 19 Waterloo Street
Glasgow, G2 6AH
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June 2007 Page 5

generated a lot of unanswerable recorded on audio tapes. After a few would return immediately to work
questions to be responded to. hours I was released on police bail to with no period of consolidation or
Lack of Information present myself in a few weeks time. A transition. This return was not
To say the next 3 months or so were relief to be in the fresh air and to possible because I was being treated
stressful is an understatement. No reflect on the process recently for hypertension and anxiety
information came my way for 11 enjoyed. The police did accept that conditions I still have, and take
weeks. I wrote to my employer - the there was a delay in their questioning continued medication for, but did not
Local Authority - on numerous of me - they had other priorities and have before the allegation was made.
occasions with no response. My that evidence could be tainted over Also, the review of my conduct was
headteacher, deputy, other members time and it was in everyone’s interest concluded in seconds. It was obvious
of the senior management team and to be expedient in these matters. that much of the procedure and
my staff team were exemplary and I gather that most child protection events of what happened to me were
outstanding. My employer (the local (CP) and PoVA investigations are generated and directed by the Adult
authority) were absolutely useless - organised, directed and planned by a Learning Disability Team - a branch of
strategy team. Therefore there must social services. The Department for
they did not reply or respond to my
be some collective responsibility for Education and Skills guidance
weekly letters trying to find out what
the lack of urgency, clear errors in effectively states that suspension
was going on and urging them to
procedure and good practice later should be a last resort unless there is
speed the process up. No one
exposed by an independent inquiry. compelling evidence of potential
questioned me for 76 days - you
would get a parking ticket quicker or Lack of Communication continued abuse - where I worked
if you had thrown a brick through There was a radical lack of this could only have occurred with
someone’s window the police would communication from the Local the collusion of colleagues.
be round that evening. I was clearly a Authority to me. There was Independent Review
major threat to society! misinformation concerning the My suspension was the result of a
allegation and charge as well as directive from the disability team.
Need for Support Not
possible conflict of interest by the After the allegation my headteacher,
Recognised initial investigating officer from social chair of governors, professional
My employer effectively saw me on services. The investigation and association representative and I
three distinct occasions. To suspend resultant speed of communicating wrote collectively to the chief
me (a three minute exercise), to with the police may have had a executive of my local authority
eventually lift the suspension, and a personal dimension. Previously I had questioning the application of the
return to work meeting predicated on had a difficult professional working process, methods employed,
an occupational health examination. I relationship with this particular unacceptable timescales and the role
have used the phrase before but I got individual who appeared to take sick of other agencies and statutory
as much support from my employer leave of absence when I mounted a bodies. We received a holding letter
as a rope gives a hanging man. I was robust defence of my good name and and eventually a spurious reply. This
offered counselling and when I made situation. There was also significant was not acceptable and after
contact the opening statement was confusion over what I could be told. objecting, an “independent” review
effectively “you are entitled to six Some 3 weeks after my arrest I had a of my case and procedures employed
free consultations after that you have phone call stating that there would was conducted by a chair from a
to pay”- very helpful. On the other be No Further Action (NFA) because neighbouring authority. This
hand The Teacher Support Network the young person concerned had authority coincidently, employed the
was outstanding, practical and come forward and said he had made same procedures because they
extremely supportive. it all up and, by the way, he thinks shared the same jurisdiction of the
Police Interview “you are a great teacher”. police. The investigation eventually
I was instructed to attend an Suspension led to the publication of a report that
interview with the police with a The suspension meeting with my I was not initially privy to. I was
solicitor present, organised by my employer was a farce in that it lasted provided with “snippets” of
professional association- the National a few seconds and there was no information on a need to know basis;
Union of Teachers (NUT). I was not explanation as to the role and it was and still is obvious there was a
prepared mentally or emotionally for position taken by my employer. It cover up or protection of social
what happened - cautioned, arrested, was very obvious that the service staff that made errors of
searched, locked up in a holding cell representative from human services judgement that translated procedure
(I was given “a nice one” with baked (personnel to you and me) was very into a proactive attack upon me.
beans on the ceiling and faeces on a embarrassed by the whole situation. There were some 11 main
wall), questioned by two officers and There was a high expectation that I conclusions from the review.
Page 6 June 2007
The whole report was not presented to an agency to gain recovery if I did establishment after seeing an
to me and when I requested it and not cooperate. A very supportive occupational health consultant.
other documents I was presented attitude by my employer - I do not I had a phased return to work last
with a refusal. The notes and minutes think so. I agreed to pay back the year that was problematic.
from the strategy meetings were money by instalments so as not to My employer gave me little or no
lodged in the personal file of the have an adverse credit record. support and they should be ashamed
student who had made the initial I also counter claimed and requested of their conduct and embarrassed by
complaint and therefore, according that my case be reviewed re the cut their boast to be an exemplary
to my employer, was privileged in pay and the “pay back” situation. employer. This unwarranted
information and data relating to him Under some pressure it was agreed experience has scarred me for life. I
and not me. to put my salary back on track and even contemplated giving up
Role of Information return monies already paid. It was teaching and my much specialised
claimed that this repayment was to role within the profession. Why did I
Commissioner Pivotal come from a discretionary fund and not do so? Simple - the
My view that my name and
not from payroll. This was an encouragement of friends, the love
statements about me must appear
interesting point because if my and support of my wonderful wife,
“like a rash” all over the papers was
employer had repaid me from payroll the determination on the part of my
denied - a totally ludicrous and
it would have implied liability on their headteacher and other professionals,
unbelievable situation. In frustration
part for my illness and absence - a the brilliant team that I worked with,
at being denied access to papers I
cunning move on their part. the involvement and direction of the
went to the Information
Commissioners Office for support. CRB Check Awaited NUT, my certain knowledge that no
I am still awaiting the results of a CRB offence occurred, and my extremely
Their involvement was pivotal in
check after 24 weeks (at the time of strong desire to defend my good
gaining an insight into events.
writing this). My experience was name, all motivated me to stay. But
Request after request was made to
referred to at an interview for an more than this - the hundreds of
my employer - it was only after
alternative post - it appears students and pupils I have helped to
instructions were issued and the
allegations of this nature tend to grow and mature and become
threat of further action by the ICO
haunt. I have not concluded with independent adults are a testimony
that documents were released to me.
seeking the truth. I have it on good to my positive involvement in their
Documents that I should have had
authority that the young man individual and collective lives. I have
after a few days that eventually took
concerned stated he was not telling one, possibly two, new jobs in me
14 months to materialise. It appears
the truth a considerable period before I retire. This experience has
that aspects of the investigation into
before the allegation was lifted and coloured my life but I will not let it
my private life including my
therefore NFA. change the fundamental person that I
relationship with my wife should not
am, though I do brood on events at
have taken place and there were Life Changing Events?
times.
many recommendations regarding Has the experience changed my life?
F.A.C.T. and the FACTion journal have
procedures and process. Yes, big time. There are many things
helped in the adjustment process and
Pay Cut Enforced that I DO NOT undertake
I have assisted others when I can. My
To add insult to injury my employer professionally now - because they are
professional association (the National
cut my pay in half after being off sick voluntary for a teacher. Intimate
Union of Teachers) regional principal
as a direct result of an unfounded care, and some welfare matters for
officer summed up my struggle and
allegation, suspension, arrest and example. I also do not administer
situation, including my ongoing
lack of employer support. My illness medication. There are, however,
battle, for a reckoning when he said
was confirmed by my GP who had no some situations where there has to
“nothing serves injustice better than
doubt that it had a direct correlation be close physical contact - I always
badly framed law”. My case and
with my unfortunate experiences. ensure there are other staff present
situation is a prime example of this.
This view was in direct contrast to the and are witness to events. I have
defined what “reasonable Leon Andre Parks writes under a
occupational health doctor who came
adjustments” needed to be made. pseudonym and currently works in
to no specific conclusion. Up to this
Further, I have spoken at training a special school on the south coast
point I had an exemplary health and
attendance record. On top of this my events about my case, experiences in a Unitary Authority, and is
employer wanted me to pay back and quality of life effects and results. involved with students aged 18
money they claim they had overpaid Return to Work and 19 with severe and profound
me. The covering letter also spoke in I returned to work to start learning difficulties.
terms of passing on the so called debt employment at a new educational
June 2007 Page 7
 Spring Conference Report
The F.A.C.T. annual Spring Confer-
ence began with an Extra-ordinary
The Validity and Fairness of Child Abuse
General Meeting. This was called in
response to a motion passed at the
Investigations - presentation by Des Thomas
last AGM which called on the The Search for the Truth experience. If necessary ask for
“national committee look into the their CV!
Mr Thomas began his talk by
advantages and disadvantages of
suggesting that the starting point What are the hallmarks
F.A.C.T. becoming a registered
charity, and to produce a report on for any investigation was the need of a competent investi-
to obtain evidence which reflects
this for consideration by the gation ?
membership”. the truth. With this in mind it is
Mr Thomas went on to say that
always necessary to look at the whether you are a police officer or
Advantages nature of the evidence obtained. Is
Members present were provided not, it is important to look for
it credible, and has it been evidence that, if true, would
with a brief report on the advantages
obtained fairly and for the right implicate or eliminate a suspect. In
and disadvantages of F.A.C.T. becom-
purpose? Evidence gathering other words to look for evidence
ing a registered charity. The advan-
tages were seen mainly in terms that might, for example be tainted by which both proves the allegation(s)
charity status might give F.A.C.T. ideological considerations - and disproves them. What are the
more credibility with the general ‘victims’ do not lie, or experts are hallmarks of a good investigation?
public, and with Government and infallible. The process must be Mr Thomas suggested three
non Government agencies. It was al- geared to searching out the truth. important factors; quality, validity
so suggested that, potentially at Why is it necessary to say this? Mr and fairness. Quality requires the
least, F.A.C.T. might be able to gener- Thomas suggested five reasons. investigation to be ‘fit for purpose’
ate more income by being a charity. Firstly because victims can lie - 3% whether it be for policing or other
Disadvantages to 9% of rape allegations are found need [such as risk assessment].
The main disadvantages were seen to to be false. Secondly, as Franklin Validity means that the process of
be that F.A.C.T. would first have to and Loftus (1993) have investigation must be capable of
persuade sufficient members of the demonstrated, witnesses's often independent audit and therefore
benefits of becoming a charity and suffer from the frailties of human trusted. Fairness means that there
the need to amend its present perception. What they think must be full disclosure of anything
Constitution. In addition it was felt happened may not have actually that may assist the defence or
that charity status would unnece- happened. Thirdly, informants may undermine the case. How can this
ssarily generate additional work and have their own agenda. Fourthly be measured ? Quality cannot be
financial costs, including Trustee political considerations can obscure assured and best practice
indemnity insurance, and possibly, the search for truth, and fifthly not maintained unless some key
payment for crb checks on Trustees. questions are asked. Has the
all investigators are competent,
In addition F.A.C.T. would also have to investigation been carried out in
and experts can be wrong.
ensure that none of the Charity’s accordance with the required
income was spent on political Profound Effect policies and procedures, and how
campaigning, and make sure that it The competence, courage,
is compliance evidenced? Has the
passed the ‘public benefit’ test. honesty, imagination and open- methodology used been validated
Recommendation mindedness of investigators can and can it be evidenced? Did the
Having considered the matters at have a profound effect on the investigator maintain a record of
some length the national committee fairness, validity and quality of an decision making in fraud proof
recommended that at this stage investigation. Good investigators policy books? Was the
F.A.C.T. does not seek to become a have to be trained to a quantifiable investigation reviewed in
registered charity. This recommend- and measurable standard and be accordance with the required
ation was put to the members sufficiently experienced. If you policies and procedures? Has the
present and was passed unanimously have doubts about the the senior investigating officer
with no votes recorded against the competence of any investigator ask discharged their duty to disclose
motion. them, or the police force, to information that may assist the
confirm their qualifications and defence or undermine the
Page 8 June 2007
prosecution? If the answers to any All information should be cross documents don’t exist operational
one of these questions is no, it referenced to source documents. standards will be compromised. In
becomes difficult to see how any Assessing Quality, Validity such situations dishonest or
Chief Officer could claim that an incompetent management may
investigation was ‘fit for purpose’,
and Fairness at a Glance resort to using unsubstantiated
How can you assess the quality,
valid, or fair. Such an approach may allegations to scapegoat individuals
validity and fairness of an
for example help establish the and divert attention away from
investigation at a glance?
purpose, validity and fairness of dip operational and organisational
sampling policies: What is the policy? Quality: What is the explicit purpose failure.
What risk is it attempting to of the investigation. Is it to convict If best investigative practice is to be
address? How does it seek to address this wicked man/men or is it to maintained and miscarriages of
that risk? What safeguards have been conduct an agnostic search for the justice prevented, falsely or wrongly
put in place to protect people at risk truth? accused people must be provided
of false allegations or partisan with information that may help them
investigators? What processes have Validity: is the policy book a clear, secure justice and redress any
been put in place to ensure that logical and contemporaneous record wrongs they may have suffered.
information held on individuals is
of an open search for the truth? Has Mr Thomas’ over riding message to
there been full compliance? those present was that it should not
accurate?
be assumed that all investigations
How is policy formed? Fairness: Is there a policy on
disclosure? Does it include issues were carried out to the required
Some polices are established by
related to the competence of the standard, and that individuals who
statute (primary or secondary
investigators, reputation of feel they have been wronged should
legislation), or by legal precedent.
witnesses, and the management of be able to carry out, as far as they are
Others are established by
the investigative process? able, their own inquires as to
Government bodies (such as the
whether or not the investigation has
Home Office, the Information Ensuring Compliance been carried out competently, and in
Commissioner etc), or by ACPO. A quick way to audit investigations is accordance with established
Policies may be absolute or firstly to identify the key statements, procedure and best practice.
conditional. They may explicit then audit the ‘actions’ generated by The need to submit the process of
(written down) or implicit (estab- the information contained in the inquiry to rigorous examination was
lished by best practice). Explicit statement(s). Once this is done just as important as the need to
policies are normally recorded in comparisons can be made with the examine evidence obtained. Mr
fraud proof policy documents or actual actions taken with what might Thomas recognised that this might be
books established for the purpose. reasonably expect to have happened. difficult and that the police might not
Policies for the handling of major In the case of alleged child abuse one always want, or be able to, co-
incidents are governed by the might, for example, expect to see the operate with such requests. The key
requirements of M.I.R.S.A.P. (Major extent to which efforts were made to to success was to persevere and
Incident Room Standardised trace independent witnesses and require the investigating officers to
Administrative Procedures) published locate documents. There would also demonstrate that quality policies and
by the Home Office. An examination need to be evidence of background procedures were in place, that the
of relevant policies will often reveal checks on witnesses, the extent to required processes had been
whether or not the action or decision which evidence might unwittingly be validated, and that a competent and
taken is valid or fair. It is through recycled e.g. through counselling fair inquiry had taken place.
actions and decisions that policy is contacts, support groups etc. By asking whether or not the
implemented and practice (good or Efforts should also be made to cross investigator was competent, the
bad) established so it is important reference the information obtained investigation legal, and by
that they are also examined very with source documents and to determining whether the process can
closely. Actions can arise in response examine any corroborative evidence be audited and the outcome trusted,
to intelligence and information received. When examining policy the accused will have a better chance
contained in statements, documents books always look for any procedural of securing the disclosure of
and exhibits. They should be noted, gaps or omissions in the process and information that may assist their
sequentially numbered, timed, dated, in the evidence obtained. defence.
signed and give clear unambiguous Summary
Des Thomas is a forensic management
instructions requiring an investigator In summary, answers to all of the consultant and expert witness, and formerly
to undertake a specific task in order above question should be found in deputy head of Hampshire CID and its Head
to fill or eliminate a knowledge gap. internal policy documents. If such of Child Protection.
June 2007 Page 9
Responding to the Call by F.A.C.T. Women - United We Stand.

London

Liverpool

Scotland

Page 10 June 2007

 CAMPAIGN ON BEHALF OF FALSELY ACCUSED CARERS AND TEACHERS
Vol. 3:8
Bulletin
June 2007
FACTION BULLETIN Pull
Out
Section

Keeping you up to date on campaigning and lobbying news

Good Turn Out for Spring Protest

Vigils But Where Were The Rest?
While we have reason to be pleased at reason is that the former have Gail on 02920 513016 or by email
the turn out of 150 (plus 15 in Bris- had high profile demonstrations [email protected]
bane in Australia) for the Spring Pro- and are much more involved in This particular action is focused
test Vigils, there was some behind-the-scenes lobbying of the on the police who were not a fo-
disappointment at the considerable cus of the Vigils on March 27th. On
numbers who felt they were unable Operation Release the same day, for those in the
to attend. Although, there were south who cannot get to Man-
1100 signatories to the Call by chester, there will also be a Vigil
F.A.C.T. Women to support the pris- outside the ACPO Office at 10
oners by attending the Vigils, many Victoria Street (the Parliament
left it to others to participate. Square end) in London. This is be-
F.A.C.T has two main purposes. ing organised by various U-CAIR
The first is to provide advice and groups including F.A.C.T. For more
help and emotional support. The information contact Trevor on
second is to have innocent prison- 07985 700662 or by email
ers released with their convictions [email protected]
quashed and names removed Other groups may also be holding
from the sex offenders lists and, Vigils on the same day at an ACPO
in the longer term, to bring an end The Right to be Cleared or other Police location closer to
to false allegations and wrongful them. However it is emphasised
convictions of child sexual abuse. relevant authorities. In addition, that the Manchester and London
We are very successful with the they have received massive locations are the primary events
first. The second, if we are to be publicity through their exposure that day.
successful, requires a mixture of of the professional incompetence Compensation Awards Greatly
public activities and behind-the- and prejudices of Professor Roy Exaggerate Numbers Abused
scenes lobbying in which most Meadow and Professor David in Care Homes
members and supporters take Southall. We have to try to match Hundreds, perhaps thousands, of
part. Passivity and inactivity will that. In the meantime, we call on former care home residents, en-
make achieving our aims take all supporters to attend our couraged by child abuse compensa-
longer. ANNUAL PROTEST VIGIL at the tion lawyers, have made
Those who campaign against false Association of Chief Police Officers claims alleging having been abused
allegations of child physical abuse (ACPO) AGM at GMEX (now in care which have resulted in huge
and the injustices caused in the known as MANCHESTER CENTRAL) compensation awards. The vast ma-
criminal and family courts, among Windmill Street (behind Midland jority of these allegations have nev-
them the cot death cases, have Hotel) Manchester on Tuesday er been tested in the criminal
achieved much more success than 19th June 2007 from 11.30 till courts. Of those that have, many
campaigners against the injustices 2.00. For further details contact have received compensation even
in child sexual abuse cases. One though the person or persons they

June 2007 Page 11

 accused were acquitted, while others unchallenged by the local authorities more abuse than they were wrongly
received compensation after convic- and other agencies against whom the convicted for.
tions, many of which are unsafe or claims are brought, who may instruct Compare and Contrast: Two
were later quashed. their insurers to pay up without a Aspects of a Witchhunt
The result is that when the media re- fight. Compensation paid out in this There is considerable public sympathy
ports these huge settlement sums way, while sometimes it may not even for the, mostly, women who are false-
and large numbers of successful require accusing a named individual, ly accused by, mainly, male health
claimants paid out by a particular lo- has horrendous publicity consequenc- professionals in the cot death cases.
cal authority’s insurers, the public are es for wrongly convicted F.A.C.T. However there is little public sympa-
given the misleading impression that members who worked in care homes thy for the, mostly, men who are sub-
just about everyone who was in care, in the local authorities named in the jected to generalised false allegations
in that local authority at the time, was press coverage. The assumption that of child sexual abuse by, mainly, wom-
abused. They are unaware that many the press invites their readers to en in the child protection industry.
of these claims for compensation are make is that they committed even

Operation Release - The Right to be Cleared

Primary Objectives
Ø release of innocent prisoners wrongly convicted of child abuse with their convictions quashed
Ø quashing of the convictions of innocent, former prisoners wrongly convicted of child abuse
Ø clearing the names of innocent people falsely accused of child abuse, whether charged or not
Ø clearing the names of innocent people cleared of child abuse by criminal investigation but affected
by civil actions or action by child protection agencies or employers
Ø removal of the names of innocent people from the sex offenders register and other lists
Ø stopping more innocent people being falsely accused of child abuse in the future

Theme and Message of OPERATION RELEASE

The theme and message, OPERATION RELEASE: The Right Of The Innocent To Be Cleared, is at the centre of our
campaigning work. It is to be used by the F.A.C.T. Committee and our supporters in lobbying and publicity material - letters,
publications, leaflets, media statements, posters, banners and conferences. The purpose is to unify F.A.C.T. around a cogent
‘idea’ and relevant ‘slogan’ related to our Core Objectives. It is a form of PR to give F.A.C.T. internal cohesion and external
credibility.

Strategy of OPERATION RELEASE

The strategy is to base our lobbying on a Call for A Royal Commission to be set up to enquire into the methods and practices
used in child abuse investigations. Regulation and reform of child abuse investigation is our intention. The outcome we seek
is the exposure of the flawed practices, the reassessment of the many wrongful convictions we believe have occurred, and
the stopping of further wrongful convictions in the future. As part of the process we are asking that people who represent
and reflect our concerns are given parity with child protection campaigners by being invited to advise the child protection
agencies on reforming policy and regulating procedures in child abuse investigation and prosecution. The measures we want
put in place are aimed at ‘gate keeping’; that is sifting out false allegations, thus preventing such cases going in front of the
juries to decide. We are drawing up terms of reference for the Royal Commission. Consultation with the politicians and the
authorities responsible for child protection is the way forward alongside protest action. We cannot just be against some-
thing. We must also engage in problem solving by being for something. This is why we ask supporters to write letters to the
relevant agencies to elicit meaningful responses from them.

Values of OPERATION RELEASE

Equality and indivisibility of justice – for those who suffer child abuse and those who are falsely accused of child abuse.

Page 12 June 2007

 Dissociative Identity Disorder:
The Stuff Of Nightmares (Part Two)
This is the second part of an article from the fight had been literally beat- flicted on Sybil. In 1980 even leading
the British False Memory Society’s en out of her …..she resorted to experts in the field had not yet grasped
Newsletter (Vol. 14. No. 1 – September finding rescue within. First there the frequency or the severity of the
2006) by Katherine Mair, a retired con- was the rescue of creating a pre- abuse suffered by DID patients” (Ross
sultant clinical psychologist. We are tend world….but being a multi- 1997, p45).
grateful to BFMS for allowing F.A.C.T. to ple personality was the ultimate Escalating horrors
publish it. rescue” (p185). Belief in the importance of severe
Wilbur herself gives no account of how childhood trauma has certainly led
The Influence of Sybil she was able to reconstruct Sybil’s early DID therapists to discover it in ever
The belief that DID is caused by years with such confidence, yet
increasing numbers of patients. When
severe early childhood abuse has Schreiber’s colourful second-hand ver-
we look at the nature of the therapy
clearly not arisen from studies of sion has been treated as a factual de-
scription of Sybil’s childhood. we can understand how this has come
children or adults who are known to about. It is usually both intensive and
Experienced therapists have repeatedly
have experienced this abuse. So lengthy, and its aim is initially to
used it as evidence of the role of severe
where does it come from? The source encourage the dissociation that is the
early trauma in the development of
of this belief appears, amazingly, to main symptom of the disorder.
be a single case study written by a
journalist and published as a book in
1973; it was made into a film in 1976.
Knowledge and Hypnosis is often deliberately used,
but even when it is not, the
dissociated patient, acting out a
‘Sybil’ describes an 11 year treatment
completely different identity, would
for MPD. This gradually enabled an
appear to be in some sort of trance
unhappy 32 year old woman to
state. It is while she is in this state
become aware for the first time of
that she provides the ‘evidence’ that
her 17 alternative personalities.
confirms what her therapist already
Through them she was also to learn of
believes.
the prolonged physical, emotional
The readiness of DID patients to come
and sexual abuse she had suffered as
up with increasingly horrific reports
a child at the hands of her mother.
sometimes goes too far. When tales
We are told that Sybil’s psychiatrist, Dr are told of alien abduction,
Wilbur, had welcomed the opportunity
of undertaking the first ever psychoa-
nalysis of a multiple personality, and
Understanding cannibalism, widespread torture and
murder, with the involvement of
many famous people, the absence of
that she theorised from the start about multiple personalities. This led to a any corroborative evidence does
what might have caused her condition: marked change in the presentation of become rather embarrassing. Much
”Dr Wilbur didn’t actually know, but she MPD patients, so that from 1980 on- of the information about ‘ritual’
surmised that Sybil’s first dissociation wards there have been more of them,
abuse comes from people undergoing
had taken place during childhood…. The they have had more alternative person-
doctor believed that Sybil’s condition treatment for DID (Victor 1993). It is
alities, they have been more likely to be
stemmed from some childhood trauma, interesting that Ross, in a revision of
depressed or suicidal women, and they
though at this stage she couldn’t be cer- have been far more likely to report all his 1989 textbook, has deleted a
tain” (Schreiber 1973, pp74-75). types of childhood trauma (Goff and passage relating to patients’
Sims 1993). There has also been an in- experience of ritual abuse, and has
Treatment involved encouraging the added an admission that false
teresting escalation in the severity of
emergence of alternative personalities,
the reported abuse. In reviewing this memories do present a problem (Ross
often through hypnosis, and it was the
change, Ross noted in 1997 that an ear- 1997). Other experts are now in the
information supplied by these personal-
lier writer had, in 1980, failed to appre- uncomfortable position of having to
ities that was apparently sufficient to
ciate its extreme nature: “Greaves combine an emphasis on the
turn theory into fact. Without mention-
seems to imply that the abuse suffered importance of early trauma with an
ing any attempts at corroboration, Sch-
by Sybil was severe even for a DID pa- acceptance that memories of it can be
reiber tells us what the infant Sybil
tient. Anyone working with DID patients
experienced: false: “It often seems necessary to
today….has heard patients tell equally
“Normal at birth, Sybil had work through traumatic material that
horrific stories. Some patients have ex-
fought back until she was about perienced trauma far beyond that in-
appears likely to be historically
two and a half, by which time inaccurate….there is virtually no way
June 2007 Page 13
to avoid the risk of investigating aims include: ‘promoting trauma onto the hapless patient. The
inaccurate recall” (Kluft 1996, p105). related advocacy and informing the diagnosis of DID can have devastating
Endurance of a harmful public’ tells us that the dissociative effects on the patient: robbing her of
disorders are ‘one of the major health the childhood she previously thought
myth problems today’ and gives a list of 11 she had experienced, alienating her
One might expect that once the possible symptoms. These turn out to from her family and encouraging long
therapists start disbelieving the include the most common term dependence on therapy.
testimony of their patients, the whole expressions of distress, such as Dissociative identity disorder is the
concept of DID must fall apart. In the depression, sleep disorders, panic perfect medium for false memories
United States and Canada, it does attacks and alcohol and drug misuse. because it owes its very existence to
now appear to be in decline. Several A similar range of symptoms, 13 this them.
dissociative disorder units have time, is provided by Wikipedia. The
closed down, and Dissociation, the prevalence of DID is usually given as
main journal in this field, ceased 1% of the population, but ‘previously
Thinking of You
publication in 1998. Some prominent undiagnosed’ DID is said to be several
DID therapists have been successfully times more common among
Just a little note to say
sued by patients who felt that they psychiatric patients. Recommended that those of you who have
had been harmed rather than helped treatments usually include hypnosis
by their lengthy and often very been released from Prison
(The Merck manual; Wikipedia;
expensive therapy (Piper and Sidran Institute). in recent weeks remain in
Merskey 2004). However, belief There has never been a shortage of
remains remarkably robust in some
our thoughts.
people sceptical about many of the
quarters and it has been exported manifestations of multiple
from North America. Despite having
been sued, Ross continues to
personality, and ready to point out We very much hope that
how readily it can be induced in
promote the ‘trauma model’ of DID imaginative and vulnerable
your release will enable
worldwide through The Timberlawn individuals. Sceptics may have little you to start afresh and
Trauma Institute website. There are impact on the true believers, but it is
even plans to remake the film of the make up for lost time.
important that their voices are heard.
book which started it all (Hollywood Dissociative identity disorder is a
Reporter). Thus a new version of condition in which the nightmare
‘Sybil’ will be able, once again, to
Please do contact us
world of the therapist, in which
fascinate audiences with its portrayal almost any psychological symptom if you think we can.
of multiple personalities, and to tell may be the result of suppressed be of any help
them that these are definite signs of childhood sexual abuse, is projected
severe child abuse. It is unlikely that
it will point out the dangers of
undergoing hypnosis during
prolonged and intensive therapy, but
that is really what the story of Sybil is
Crime -Team
all about.
We specialise in all aspects of Criminal Defence work including Magistrates Courts,
There are still many enthusiastic Crown Court Advocacy, High Court, including the Court of Appeal, and referrals to the
promoters of treatment throughout Criminal Cases Review Commission.
the world, and because the notion of We also advise UK wide on prison law including:-
DID as a serious illness and an · Prison Adjudications
indicator of severe child abuse has · Sentence Planning
been around for almost 30 years, it · Re-Categorisation
has stealthily acquired credibility. · Tariff Representation
Familiarity can breed acceptance. · Lifer Panels
When we turn to the internet, a trawl · Human Rights Issues
through the first 50 of Google’s DID
references reveals several trenchant We are the managing firm of the Historical Abuse Appeal Panel (HAAP) and have an
critiques. However, these are unrivalled reputation for dealing with abuse allegations in an historical context,
outnumbered by the many sites especially those where alleged multiple or serious sexual offences took place.
offering support to anyone who
might unknowingly be suffering from Crime-Team is a division of Jordan’s LLP.
DID or, more vaguely, ‘a dissociative 4 Priory Place, Doncaster, DN1 1BP
disorder’. The Sidran Institute, whose 01302 365 374
www.crime-team.co.uk
Page 14 June 2007
Conference: Advocacy in Action HAAP
An account of one man’s determination to secure justice
In 2006 the Local Government learnt that it was essential to seek
Ombudsman for Wales published a out and challenge the antecedents or
report into a case (Report Number circumstances of disclosure,
B2003/0845/W/151) of maladmin- especially where the disclosures were
istration by Wrexham County a secondary issue or were artificially
Borough Social Services Department provoked.
(see FACTion Vol. 3-3 September 2006).
Accounts did not corre-
The case concerned allegations which
had been made by the estranged
spond with reality
I was soon to discover that the
daughter against a care worker and
accounts by the complainant did not
his new wife who was a social worker
correspond with the reality. The
employed by Wrexham County
daughter had not only invented an
Borough Council (Wrexham C.B.C.)
untenable surreal relationship with
Background her father based on fantasy but also
My involvement in this case began fictional and illicit contact for three
some five years earlier when by years or more when the relationship
chance a mutual had broken down,
You can help bring an end to the
friend introduced and all contact had
me to the accused “It is almost verifiably ceased. injustice of defending false allegations
father and his family. impossible to With the help of a of historical child abuse by
So began a long and
adequately defend colleague, a retired • instructing HAAP to represent you
arduous association detective inspector
with the accused oneself against we were able to
• urging your solicitors to join the HAAP
• depositing YOUR legal papers with HAAP.
which culminated in allegations made comprehensively
the Ombudsman ex- (All you need to do is contact HAAP
years previously” demonstrate that the
onerating the father allegations made and they will send you an authorisation form)
and his wife, and 4 Priory Place
were complete myths.
recommending that Wrexham C.B.C. Doncaster DN1 1BP
However it soon became clear to us
pay them substantial compensation.
that this position was not accepted Phone: 01302 309831
My client’s estranged daughter from by any of the agencies involved so we Fax: 01302 327521
his first marriage had made a number were left with no alternative but to www.appealpanel.org
of historical allegations of sexual undertake our own investigations.
misconduct against him. These claims However a complicating feature of obvious fact that the father was
only surfaced when she had been in this case was the daughter’s being scapegoated for somebody
hospital for some time with a life unwillingness to permit the else’s wrongdoing. The fictional
threatening illness, and several years authorities to investigate any of her abuse perpetrated by the father
after all contact with her father had claims, or indeed to let her father became an allegory of the abuse
ceased. The circumstances in which know that she had accused him - perpetrated by someone else. Why
those first allegations were made, indeed it was five years before he did it take so long to establish the
however were highly unorthodox and was made aware of them. truth and obtain justice? Firstly, key
highly questionable, and therefore
Delay players were so convinced of the
extremely unreliable. They were also authenticity of the allegations that
This highly improper and
wilfully misrepresented. they were blinded by prejudice and
incomprehensible delay in disclosing
My enquiries revealed that the the allegation was severely criticised emotion. Secondly, there was a
daughter’s allegations had been the by the Ombudsman. It had not even reluctance to share information
result of clinical malpractice which occurred to the authorities that it is crucial to the father’s defence which
the authorities were anxious to cover almost impossible to adequately denied him a fair hearing. Thirdly,
up, as well as various forms of defend oneself against allegations both the father and his courageous
suggestion, coercion and, at a later made years previously. More second wife were the victims of a
stage, financial inducement. As a importantly however was the fact parallel process in which the
result of these revelations I quickly that the delay in this case masked an professionals seemed more
June 2007 Page 15
interested in preserving their arrangements that had been in force are certain. In this case there was no
reputations than in seeking out the at that time proved that the certainty that a crime had even been
truth. daughter’s claims to have been committed, no certainty that the
Presumption of Guilt contacted by her father on the day of accused was anywhere near the
The case against the father was the alleged rape were demonstrably crime scene, and no certainty that
entirely theoretical and rested upon false. Furthermore the accused was the complainant was where she said
unchallenged assumptions. There on an operating table 200 miles away she was either. Computing
was a presumption having surgery! probability of an event from such
of guilt evidenced “... Computing probability Despite this the vague elements is nonsense yet all
by the retort “why of an event from such N.S.P.C.C. the participants in a conference
would your persisted in their subscribed to a belief that a
vague elements is belief that the judgement could be made on the
daughter say these
things if they are nonsense yet all the allegations were balance of probability by setting up
not true?” It didn’t participants in a true. They were absurd propositions and then linking
seem to occur to able to do so them together even more absurdly.
conference subscribed to partly because In their eyes the probability that
the investigators
that such beliefs
a belief that a judgement of the father raped his daughter was
employed circular could be made on the complacent established despite the fact he was
logic and that they balance of probability...” investigation, on an operating table at the time,
were unable to and partly and that he assaulted her in his own
distinguish between cause and effect. because of home when she was verifiably at
As far as they were concerned the dishonest practice. Crucial data was hospital accompanied by her mother
allegation had to be true because her with-held or sampled improperly. A having outpatient treatment.
distress when recounting the ordeal further complicating factor was that Professional people who ought to
was very real. The same circular Wrexham County Borough had have known better seemingly went
thinking was seen in statements to deceived its therapeutic partners into along with ridiculous ideas because of
the effect that the allegations must thinking that there had been a prior the status of the opinion givers and
be true because they have been child protection investigation when the force with which their opinions
expressed repeatedly and over time. there had been
The professionals persistent failure to none. This Clarke & Hartland Solicitors
distinguish between validity and shameless deceit,
48 The Parade
reliability was just one of a number of which could not
have taken place Roath, Cardiff, CF24 3AB
basic theoretical errors.
without some data 02920 483 181
N.S.P.C.C. manipulation,
Wrexham C.B.C. decided to Clarke and Hartland Solicitors are a well established
persuaded some
commission the N.S.P.C.C. to firm of solicitors based in Cardiff with over 20 years
people that the
undertake an independent Section 47 legal experience. We provide a range of legal services
father’s genuine
risk assessment. Their report was trial and also specialise in CRIMINAL DEFENCE work.
ignorance of what
by inference. If x happened then it is
was going on was
is probable y followed and z was the • We have developed a reputation for
disingenuous and
result. Often their thought processes excellence throughout Cardiff and the
untruthful!
were entirely speculative, fallacious surrounding area.
and disturbing. It was thought Misuse of • We offer personal attention with a
probable that the father had raped Probability professional, friendly, reliable and efficient
his teenage daughter in London on Theory service.
the strength that he had probably Throughout the • We provide high quality legal services which
made threatening phone calls to her investigation there you can rely on.
because his second wife might have was striking misuse • We are trusted for our high standards of
abused her position as a social of probability advocacy, knowledge and expertise.
worker and accessed confidential theory. A • Our rates are very competitive.
contact information from the files. In judgement can
fact his wife had been on maternity only be made
leave during the relevant period and when there is one Clarke and Hartland have successfully defended a
the files were located elsewhere and ‘unknown’ and the number of cases where allegations have been made
did not contain any contact other parameters against carers, teachers, and other professionals.
information. The safeguarding
Page 16 June 2007
were expressed. Intellectual rigour duty of care in law to the father’s Effective Complaints
counted for nothing. In my opinion children for whom the process was
the work of the N.S.P.C.C. was so meant to benefit, and that there had
Strategy
My predictions proved correct. The
poor that it should be subject to been significant maladministration:
Council’s intransigence and arrogance
rigorous scrutiny, and that all cases in the Ombudsman agreed.
however provided the basis for a
which their special investigations unit Independent Appeal formal complaint. It also encouraged
had been involved with should be As soon as the decision of the case us to make formal complaints
reviewed for possible miscarriages of conference was made when it was concerning all the agencies involved;
justice - a view which I know others in decided to place the children an ‘at Wrexham C.B.C., North Wales Police,
North Wales would echo. The risk’ register, I appealed against the the N.S.P.C.C., a regional hospital,
methodology they used was often decision hoping that the independent and a consultant psychiatrist. The use
incorrect and dishonest. Evidence
of complaint procedures as a tool for
which undermined their case was
case building is a route which
withheld, and they claimed that
solicitors are often reluctant to go
crucial inquiries were made when
down because of the cost of
they had not been. When challenged,
undertaking painstaking research
their response was to threaten
which may not come to anything.
further action and invoke creeping
This is where advocacy services and
and unjust penalties. No doubt other
researchers with specialist knowledge
draconian measures would have
have a role to play, and not least
followed if it hadn’t been for the
because it is a less expensive option
father’s courage, his wife’s full
than paying legal fees. There were so
support, and for our strong and
many features of the case that were a
effective resistance.
complete mystery to us that we
Case Conference Bias viewed the complaints process as a
A child protection case conference is vehicle for investigating the facts as
meant to be convened in the best well as the conduct of each agency.
interests of the children. In this case By diversifying the complaint process
the father’s daughter and his children David Athol, Lay Advocate
we were to seed, cross reference,
by his new wife. These interests were and check stories being given to us by
not served by persecuting the father appeal process would recognise the the different agencies.
and disabling him from taking care of inadequacy of the case. This was Another strategy which we tried to
them on the basis of an untested wishful thinking on my part. The local adopt was to force Wrexham C.B.C.
beliefs - without a shred of authority sought to limit the basis of into the Courts by refusing to
supporting evidence. The whole my appeal. The panel would not cooperate with the child protection
process made me very aware how review any evidence and sent away process. This was a bold and
society has shifted from formal and witnesses who had been improperly combative strategy but we were
open approaches to justice to very neglected at the original hearing. confident Wrexham would be
worrying informal and closed Their bias was self evident. I was later unwilling to go down this road, and in
approaches. These approaches may to discover that two members of the the end their procrastination
on occasion be needed but they are panel had a prior association with the provided another reason to go to the
especially vulnerable to abuse. Yet case, and that the Chair thought I was Ombudsman.
they enjoy a degree of protection too adversarial for her taste. Not The complaint against the N.S.P.C.C.
under the law which does a disservice surprisingly the appeal panel refused was particularly revealing. We
to the community and the service to overturn the senseless decision of complained about the lack of
itself. There is a view that the the original case conference on the investigation and the lack of proper
authorities owe no duty of care to absurd basis that the conference had theoretical basis for the judgements
people caught up in child abuse the authority to makes its decision! they had made, and about the
inquiries. It is sometimes argued that Doctors may be licensed to prescribe integrity of the social worker who
such an imposition would inhibit drugs but they don’t have authority undertook the task. Despite the
them in the execution of their duty to to administer an overdose. They did strength of the evidence the Head of
protect children. This however however agree to make seven the N.S.P.C.C. Special Investigation
assumes, quite wrongly in this case, recommendations. Service declined to withdraw his
that the authorities go about their support for the report, or to
duties properly. In this case it was withdraw the advice which they had
argued that the authorities had a

June 2007 Page 17

 given Wrexham C.B.C. They also key areas. Happily for us the the repeated, prolonged and serious
withdrew an offer of investigating the investigator upheld important issues maladministration which had clearly
clinical malpractice we had identified, in part, or in full. There were some caused severe stress to the family. He
and claimed to have been reassured matters he didn’t feel competent to also found that had the initial
by the regional hospital in question adjudicate upon and others which he allegation been promptly and
that the poor practice identified had considered to be out of his remit but effectively investigated it would not
been remedied years earlier. Their in general we were delighted with his have been substantiated and the
illogical and frankly amoral position findings. He accepted that the risk subsequent course of events would
was reinforced by the hierarchy assessments were deeply flawed and have been very different. His report is
within the N.S.P.C.C. who disallowed inadequate; that Wrexham C.B.C. had well worth reading particularly in
our wish to take the complaint to failed to supervise the work of the relation to his comments about the
higher level, and by withdrawing the N.S.P.C.C. properly, had failed to buck passing that went on between
offer of a case review which had been exercise a duty of care towards the senior personnel in social services. On
tabled. children of the family, and that a personal level it was distressing to
The case against the Police centred procedures, timescales and discover incompetent and at times
upon the failure to undertake guidelines had been improperly dishonest conduct by the agencies
appropriate investigations and disregarded over many years. The concerned. A nation which prides
concerns about the conduct of the report wasn’t well received by itself of fairness and justice should
interviews held with the father. Had Wrexham C.B.C.’s Head of Social not condone or collude with such
they been investigated by the Services who decided to challenge behaviour. Innocent Individuals and
Independent Police Complaints several of the findings. His high their families should not be
Commission they would have found handed behaviour was perhaps persecuted. In many ways this case
differently. We still don’t know why rather typical but also a strategic was a triumph of perseverance; the
Police officers with-held information error in that it gave us a fresh outcome might have been different
which contradicted the advice given opportunity to gather even more had it not been for the courage
by the N.S.P.C.C. or why a senior supportive opinion which helped shown by father’s and his wife, and
police officer saw fit to advise, in progress matters when they reached for the support of family and friends.
private, that the case was a hot the Ombudsman. My message is don’t give up!
potato and perhaps compensation Landmark Award
might be considered to mitigate the We now had a considerable body of David Athol spent most of his career in
harm which had been done. independent opinion to present to education and child therapy as a teacher,
The complaints against the hospital the Ombudsman and we satisfied the counsellor, and university lecturer. He had
were stymied by issues of criteria for intervention by his a special interest in the assessment and
confidentiality but by this time other department several times over. The treatment of pupils with a range of
information had emerged which independent opinion we had emotional and behavioural disorders. We
helped the cause. The family still has gathered paid dividends and he are grateful to David for sharing his
the option of re-opening their experience. We congratulate those
adjudicated in favour of the family
complaint and a member of the involved on their achievement, and pass on
with a landmark award. The
Ombudsman staff has indicated our very wishes those who story he told.
Ombudsman found there had been
grounds for complaint exist. The
psychiatrist’s defence with the GMC STOP PRESS - 8th June
was difficult to challenge as he See item on the FACT website page 23
revealed he had been misled into A man who falsely alleged he was buggered by a priest giving him prayer
thinking that there had been prior a tuition for his First Holy Communion has been remanded in custody for
investigation, and that his clinical sentence at Dublin Circuit Criminal Court.
judgement had been based on this
false premise. Despite this we were The 34-year-old man was found guilty by a jury of making a false statement
able to feed his defence into the to Det. Garda Brian Kavanagh at Kevin Street Garda station, Dublin on June
complaint against Wrexham C.B.C. 18th, 2003, that acts of indecent assault and buggery were committed on
thereby demonstrating that the him by the priest in the period February to May 1981.
family had also been victims of a
parallel process. The complaint In his evidence the man admitted he had never been sexually abused by any
against Wrexham C.B.C. was always Brother. It was established in evidence that neither the priest's accuser nor
our main focus. Their eventual any other pupil from his school had ever been sent to the priest for Holy
decision to appoint an independent Communion prayer tuition.
investigator proved beneficial. He
narrowed the issue down to eleven
Page 18 June 2007
 Head of Criminal Courts calls for witnesses
to be filmed whilst giving evidence
Speaking at a conference to mark announced if the proposals will
On the same day
the 10th anniversary of the Criminal become law.
Cases Review Commission, which A F.A.C.T. spokesman said Sir Igor 19th June
investigates suspected miscarriages Judge has raised a very important and at the same time
of justice, the head of criminal issue. Non verbal behaviour can be (11.30 till 2.00) a
justice for the judiciary in England very illuminating. At present Appeal
and Wales has called for witnesses Court judges are denied an PROTEST VIGIL
to be filmed when they testify in opportunity to assess this. However has also been arranged
court. Sir Igor Judge said courts there is a risk that some witnesses for F.A.C.T. supporters in
would be better placed to might play to the gallery, simply
the south who cannot get
determine appeals if it could see because they are being filmed. For
what the jury had seen. similar reasons we would, however, to Manchester
Although transcripts of the much prefer that primary outside the
evidence given were already complainants are routinely filmed ACPO HQ OFFICE
available, Sir Igor said they did not when making complaints of child at
reveal the witnesses' physical abuse. This would make the
10 Victoria Street
expressions - whether they investigative process much more
unexpectedly hesitated or struggled open and transparent, and reduce (Parliament Square end),
through difficult pieces of evidence. the risk of any evidence being London
Sir Igor Judge added "What contaminated by investigative This is organised by various U-CAIR
transcripts don't show is this. They malpractice. groups including F.A.C.T.
don't show hesitation at times Please let have us have your view
when hesitation is rather surprising. on Sir Igor’s comments. Would Contact Trevor on 07985 700662
or [email protected]
They don't show gabbling in order filming witnesses have made a
to get over a difficult bit of difference in your appeal? Do the Also on the same day (19th June)
evidence and get past it. But if what suggestions go far enough? Please and at the same time (11:30 to
we want to do is to have a more send your comments in letter form 2:00pm) for supporters in Scotland
profound examination of the way in or as an article to FACTion there will be a
which a jury has returned a verdict, PROTEST VIGIL
there's absolutely no reason why F.A.C.T. supporters outside the
rather than just having a transcript
we shouldn't have a complete are asked to join ACPO SCOTLAND
video." SECRETARIAT
Tom Magner, from the Society of our ANNUAL At Strathclyde Police HQ,
Expert Witnesses, said Sir Igor's 173 Pitt Street,
idea should be taken further, with PROTEST VIGIL Glasgow
the whole court, including outside the
barristers and judges filmed too. Association of Chief Police Officers This is organised by
Mr Magner said: "I can understand (ACPO) various U-CAIR groups
the thinking behind it and I can CONFERENCE
Contact Peter on 07951 522040
understand very much if you're in a at
or [email protected]
courtroom in the live situation, a MANCHESTER CENTRAL
judge is looking at how the witness (formerly known as GMEX) Other groups may also
is behaving, looking at the whole Windmill Street (behind hold Vigils on the same day
picture.” Midland Hotel) Manchester at another ACPO or Police
Sir Igor also raised concern over on location closer to them.
Government plans to prevent Tuesday 19th June 2007 However it is emphasised that
convicted criminals winning appeals
from 11.30 till 2.00 Manchester, Glasgow
because of legal problems during
and London are the main
the trial process. Ministers have not Contact Gail on 02920 513016 locations that day.
or [email protected]
June 2007 Page 19
 prosecution can then change their you protest to this you will be denied
mind at any point to “it’s a possibility visits from your loving family, all that
I got it wrong” or the classic “I can’t is keeping you going.

Yourters
remember”. A rabbit caught in the headlights of a
In many cases there is no physical moving car. You can see it coming; at

Let
evidence. It is not required for a first you are startled, confused and
conviction; only one friend to be unprepared. You freeze and don’t
offered a cut of the media payouts to realise that your life and reputation
ACT
Dear F
back up their fabrication. Even when you’ve worked so hard for are about
the accomplice’s versions do not to be questioned. You hear warnings
match the “innocent victims” from all sides and alarm bells ring. As
allowances are made for everyone the system speeds towards your life
witnessing events differently, no such you will find it engulfs your whole
Dear FACTion leniency for the defendant or their being. You breathe it every second.
Innocent until proven guilty is a luxury supporting witnesses. School yard The car is almost on top of your
only bestowed upon those who, in gossip and rumours are used as insignificant existence, you’re a
their chosen profession, are evidence in court; the “well I heard potential conviction for the police,
considered not in a position of trust. If Mr. Bloggs was snogging two dinner you’re road kill; a statistic. You feel
you are, for example, a teacher and ladies behind the vending machine” is the tyres begin to crush your family,
accused of any inappropriate evidence against you. The background your friends; your soul. Your accusers
behaviour you can guarantee you will and criminal records of the accusers are at the wheel, they are laughing as
be bound by the allegations for life, are not disclosed in court. The the media offers pour in, ten, fifteen,
even if acquitted. accusers appear studious, well twenty thousand pounds of your
Today’s legal system protects children behaved individuals who, because of flesh. You are now caught in the
from harms way, nobody can dispute your behaviour have had their dreams system; it will roll over and over your
it is a necessity, but what when these dashed and will now work for a frame and try to take your dignity,
children are given so much power as potato peeling factory. The Jury know passion and belief. You hang on to
to destroy an adult to the point where nothing of their exclusions from your last breath of fresh air. This isn’t
their freedom and family are taken primary school at eleven, their a particular case, this isn’t
from them. What when these children pregnancies at twelve and their drug uncommon; it is our British legal
are paid by the media for doing so. It addiction at thirteen, way before they system and it is failing us every day
is a tempting offer for any fourteen met you and had the opportunity to Yours sincerely,
year old, a few lies - they are make a quick buck.
practised at this as they sneak out the You can be the best in your profession Name withheld
house to binge drink on a Friday with no previous convictions, people
night. If they are incredibly unlucky a queuing to defend you to clear your HAAP
court appearance where they speak name and it will all be twisted against We have recently been advised by
only to a video camera, a jury cannot you. You will be made to appear a HAAP that they are shortly hoping
therefore read their body language as master of deception, fooling everyone to receive the Cambridge
their palms sweat and they fidget in you know even your wife of twenty University research report, jointly
their chairs, or as in many cases that years. Your religion or moral standing funded by HAAP and F.A.C.T.
the innocent darlings are pregnant, matter not, you could’ve taken a vow Unfortunately the project has been
more often than not the consequence of celibacy at sixteen, it only adds to delayed beyond HAAP's or F.A.C.T’s
of a Friday nights binge. the fantastic lie that is your life. To control. As soon as the report is
The frightening fact of this is that in top it all you can even be given a received we will let you know.
the current system we are powerless longer sentence because your family
to stop them. Accusations of 2, 5 or support you so you have obviously
10 years previous are expected to be deceived them and are more likely to South Wales Police
remembered by the defendant as if it re-offend. You may recall that F.A.C.T. made a
were yesterday. Even when the Once you are scooped into the formal complaint to South Wales Police
regarding their decision to send people
prosecution cannot provide specific system you are forced to “admit your
on the sex offenders register a rather
dates or times the defence are guilt”, to write in detail what you cynical and tasteless Christmas card.
required to disprove events that have done and sympathise with your Although the officer responsible for this
could have occurred anywhere in a “victims”; A psychological mind game decision has replied to our concerns the
period of years at any time and any to break your spirit and make you matter is still being pursued as an
place. In the unlikely event that an “accept the truth”. There is no justice official complaint. We will keep you
element could be disproved the and the truth is long buried. When informed of developments.

Page 20 June 2007

 Desperate Dan Muddles Megan’s Law
Thank you for sending me FACTION
during the past year. I was falsely , news is required to justify the
accused in 2004 and subsequently Re: Megan’s Law - Pilot Scheme fragmentation of the Home Office
charged in Nov 05 on 13 accounts The news today that the government (will this then become a matter for
including buggery and rape. These is proposing to pilot this scheme the new Department of Justice, and
allegations came from 3 men who in three areas of the country gives me hence a new Minister, and yet
had been in my care in 1982, 1984 cause for great concern. Putting another change of policy?).
and 1986 and were the result of an aside my ongoing fight to clear my May be it has something to do with a
extensive police trawl by officers name, the proposals concern me potential leadership election in the
engaged in ‘Operation Camassia' in greatly for several reasons: Labour Party; maybe a potential
the West Midlands. The trial 1. I was under the impression that candidate – such, perhaps, as Dr John
commenced in Birmingham Crown Gerry Sutcliffe MP, the Minister in Reid - needs to gain some voter
Court on Feb 8th. At the half way the Home Office, had already told support.
point on March 7th (so much for the Parliament that his conclusion, after Problems that occur to me are:
scheduled 10 days !!) 4 of the most his visit to the USA and discussions in a). What address will be released? A
serious charges from one this country, was that there was road name may not give much away
complainant were 'permanently laid' nothing to be gained from such a law when there are two hundred houses
so he went back to prison, not being introduced. in the road, but if there are only
collecting on the way his expected 2. The announcement seems to have four.….
£35,000 compensation which his been made by the MP for Somerset b). A long road or the area in which I
compensation lawyers had estimated Wansdyke, Dan Norris MP, and not live will leave every single person,
he might get. The jury was discharged by a Government Minister. especially males, vulnerable to
at that point and the trial adjourned 3. The announcement was made attack. I have had a brick through my
until yesterday at which point the whilst Parliament is in recess, and window late at night, and you simply
prosecution conceded, albeit with also in a period leading up to cannot imagine the trauma of that.
bad grace, and the judge directed important national elections, when I c). What about the sex offender who
'not guilty' verdicts on the remaining thought there was an embargo on lives in a small rural hamlet of
9 matters. So, after 32 months of new policies being announced. three or four houses? The police
living nightmare, the thing is over. I 4. The announcement was made, already have powers to monitor sex
was very well represented by Clayton according to BBC World at One offenders, and to caution schools
Williams of Thompson's in Cardiff and without the support of the with any concerns they may have.
my leading counsel, Brian Dean of St Association of Chief Police Officers The police don’t want this law; it will
Phillip's chambers in Birmingham, and the National Association of complicate their already difficult task.
was spectacular. FACTion has made Probation Officers, both of which see Sex offenders will go to ground,
me aware of how lucky I have been to nothing to be gained from its eventually be caught again after a
have had such an experienced and introduction, and probably a lot to be large waste of police time, and
committed defence team who lost. Even Martin Neary (former returned to our already over-
emphasised that in such cases the Director of the Prison Service) and crowded jails. History shows that a
defendant has to prove his or her now Director of Barnardos said it will large proportion of the public don’t
innocence. I had some 14 witnesses do more harm than good. even know the difference between
of fact and character who would have I have to wonder whether such an paedophile and paediatrician, they
assisted if necessary but we were announcement is purely for political are simply motivated by the word
able to effectively destroy the purposes. It certainly deflects from “paedo” as trumpeted by the tabloid
prosecution case in cross the controversy over the fact that the press. Many people have no
examination. (Name withheld) M.O.D. gave permission for the 15 understanding of the issues involved,
Iranian hostages to publish their but then does the government?
Some of the letters printed above were story, and aren’t they trying to climb The evidence suggests that repeat
held over from our last edition. down over that at the moment? sex offenders are but a minute
We welcome letters on any Perhaps it is that Megan’s Law will problem. The tragic murder of Sarah
subject of interest. Please send appease voters in the lead up to Payne in 2000 is very rare sort of
them by email (preferred) to
the local government elections; it case. The biggest risk to children from
[email protected]
certainly appeals to the tabloid sex offenders comes from within
or to
press and its readers, but then so their own family circle and from sex
FACTion, PO Box 3074,
Cardiff CF3 3WZ does anything connected with sex! offenders whose behaviour has not
Then we could speculate that some been identified soon enough.
June 2007 Page 21
Parents (and indeed all adults) need Dear Faction From Noble Cause to
to be taught the signs to look out for, The article regarding polygraph
and what to do if there is any
Nightmare - Australia
testing in the April edition of FACTion
concern. Parents need to take the is a subject that should be fought Supports Vigil
responsibility of parenthood vehemently, as the Home Office has Letter from Michael Cox
seriously; too many absolve already shown its willingness to use
themselves of parental discredited tools or methods such as In Australia a small but dedicated
responsibilities. Children need to be the SOTP programmes, so the fact group set up their vigil outside the
taught what to do if they feel at risk, that lie detectors do not work will not State Law Building which houses the
and where they should go for help. hold them back. It is already clear Attorney General’s office. We obtained
our permit. Two folding tables were
I am also concerned at the that many police officers do not wish
set out. We had miles of literature,
philosophy that a punishment, set by to see their introduction, as it is
handed out leaflets for three hours,
the Court can then be changed in widely accepted in law enforcement
had a petition which a few people
retrospect. On that basis it would circles that their use can misdirect an
signed and a donation box which
seem reasonable for every one investigation, and have been
attracted a few donations - there was
convicted of driving under the demonstrated to do so in many FBI no abuse. One of our people reported
influence of alcohol to have their cases. The problem is that if they get seeing a small group of women
details posted in all public houses used by the probation service it will photographing us from across the
and off-licenses or for convicted be the thin edge of the wedge, and street. We assume it was a group
shop-lifters to have to wear only a matter of time before their use representing 'the true believers'.
handcuffs when in a shopping becomes widespread during However, they didn't approach us. We
precinct. Crazy ideas, but we have a investigations - but only for the had a large banner across the front of
crazy, obsessed government at the accused - who will be told “it is purely the tables which read,"
moment, dare I suggest, behaving voluntary” (as it is the the United “HISTORIC ALLEGATIONS OF CHILD
like the proverbial “headless States). Any refusal will be used to SEXUAL ABUSE - FROM NOBLE CAUSE
chicken”. influence the Jury. The accuser will TO NIGHTMARE".
When Parliament resumes session not be required to undertake the This was augmented by well worded
after the Easter break, please will same test. placards. We also had 50 balloons filled
you pursue the government Yours Sincerely, (name withheld) with gas on which we wrote the
relentlessly over this issue by letter Albany, Christian name of a falsely accused
person before releasing it. We had two
and if necessary on the floor of the
Extract from HANSARD TV cameras present for quite some
house.
Pete Wishart: To ask the Secretary of time. I don't think it made the TV news
State for Transport what guidelines but was probably archived for future
Yours sincerely,
reference. We did five radio
his department issues on action to be
interviews. I am very proud of the
An Innocent Constituent taken to against people who make
fifteen or so people who stood with
(Published with permission) unfounded allegations against driving
me, especially my family. We will
examiners.
participate in the June vigil and we
Scottish Parliament Call for Inquiry. Dr Ladyman: The Driving Standards hope for even greater support next
Agency investigates all complaints time round.
Motion: Tabled by Campbell Martin
made against driving examiners. Thank you all over there for taking the
Kerelaw Residential School There are no formal guidelines on initiative. We must build a momentum
“That the Parliament notes with action to be taken against people which will be such that we cannot be
concern the ongoing situation in who make unfounded complaints or ignored.
relation to Kerelaw Residential School allegations. However, DSA would All the very best,
in North Ayrshire; recognises the support appropriate action by Michael Cox
devastating effect that allegations and examiners against persons
Continued from Col 2
subsequent investigations and considered to be victimising,
Dr Ladyman: Driving examiners who
suspensions can have on individuals harrassing, or behaving in malicious
and their families; believes that a have experienced trauma have the full
fashion against them.
public enquiry should be held to support of their line management,
Pete Wishart: To ask the Secretary of
determine exactly what happened at human resources,and the counselling
State for Transport what support is
the school, and expresses concern over and support service.
available to to driving examiners who
the conviction of ex-Kerelaw worker, have experienced trauma as a result
John Muldoon.” Ref: Hansard 8th Jan 2007 Col 214W
of unfounded allegations being made We are grateful to Velma for bringing this to
30th March 2007 S2M-5802
against them [112759] our attention.

Page 22 June 2007

 victims of fraud. These disclosures are being abused than was the case say
causing F.A.C.T. some anxiety, not seven years ago then it must follow
least of which because we have made that more individuals are being
it a rule that people found with child wrongly accused of child abuse.
On the F.A.C.T. website pornography on their computer will There is also news that in Scotland
not be admitted into membership. foster parents have warned they will
The May news items on the F.A.C.T. Given the extent of identity fraud and not take on any new children following
web site begin with news that Sir the clear evidence that people are growing concerns about the way they
Roger Singleton, has been appointed being wrongly accused of are treated when allegations, including
as chair of the new Independent downloading, the F.A.C.T. national false claims, are made against them.
Barring Board (IBB). Sir Roger who is committee may have to carefully On a similar theme there is also a
currently an advisor to the review its position. report from New Zealand that
Government on child protection and Following our recent article on the use research is needed as to why men are
former Director of Barnardos, will of polygraph test/lie detectors one of shying away from jobs with children.
oversee the development of the the news items which caught our eye Perhaps we should tell them? Just a
scheme in preparation for its launch in concerned a report that Channel Four few days later, after this item was
2008. F.A.C.T. is monitoring is to trial the use new lie-detecting published on the F.A.C.T. website the
developments and will keep you technology on individuals accused of same theme was taken up by
informed of progress. May also saw serious offences but claim they are children’s charities in the U.K.
various local and national elections innocent. Channel Four will televise However they went one step further
take place throughout the UK so it is four case studies. Individuals will by suggesting the reason was because
perhaps fitting that one of the articles answer key questions and Channel men were reluctant to undertake crb
highlights the advice given by FASSIT Four will then show the results checks and did not wish to be labelled
for raising awareness of relevant afterwards. as paedophiles. Whilst this may be
issues with new politicians. FASSIT In a similar vein there are several true a more honest approach would
(Families Anti Social Services Inquiry reports regarding a suggestion that have been to acknowledge that many
Team) also have an excellent website witnesses in Court cases should be men will no longer work with children
www.fassit.co.uk which will be of video’d whilst giving their evidence. for fear of being wrongly accused of
particular interest for those falsely The F.A.C.T. web site also provides a child abuse. The fear is not just of
accused of familial abuse. useful sign post to a number of other being labelled but one of being falsely
Not surprisingly, considerable space is web sites that have started on-line accused. The remedy is not simply to
given to coverage of relevant trade petitions, including those by SAFARI give reassuring messages that the crb
union conferences which take place at which is leading the way in capitalising process is “painless” but to face ‘head
this time of the year. Among the issues on this newly created form of on’ the fact that so long as men are
covered are concerns that no win no democracy in action. SAFARI makes falsely accused they will not wish to
fee solicitors are driving up false use of the E-line petition to the Prime work with children.
allegations, and that local authorities Minister. If enough people sign them To finish the month there is a report
are not challenging claims for reason the Government undertake to that the metropolitan police are taking
of financial expediency. It is better to respond. Subjects so far covered by a stronger line against those making
accept guilt than to risk having to pay SAFARI include the need for false allegations, and that a man in
more should the case not be won. In defendants to be given anonymity up Ireland is on trial for falsely accusing a
one report it is suggested that to the point of conviction, the need to priest of sexual abuse. However just to
compensation claims have risen to restrict compensation awards to cases make sure we don’t get too excited by
over £200 million pounds a year - where there is proof, and the need for these developments there is also a
enough to pay for 8,000 new teachers. defendants to be able to sit with their report that the Government have
Perhaps it was not surprising that the legal team during trial. secret plans to require staff to inform
Press should give so much coverage to One of the more disturbing reports on police if they believe a colleague
the Lord Chancellor’s remarks the F.A.C.T. website is news that in might pose posed a risk of violent
regarding teacher’s vulnerability to Suffolk referrals to child protection crime. To finish with some better
false allegations - see front page. agencies have increased by almost five news the latest report on the web site
Another story making the headlines is fold in the last seven years. Both (6th June) concerns the appeal court
news that hundreds of people have Suffolk police and Suffolk Social decision that prisoners can claim
been wrongly accused of downloading Services state that the increase does thousands of pounds in compensation
child porn on their computers. Ross not mean more children are abused - if they are kept in prison beyond the
Anderson, professor of security just that the agencies are more likely date on which they become eligible for
engineering at Cambridge University, to flag up early warning signs. What parole. Expect some further
told the BBC he believed hundreds of doesn’t seem to have occurred to developments as the case is being
those investigated had been innocent them is that if no more children are appealed to the House of Lords.
June 2007 Page 23
 Campaign on Behalf of Carers and Teachers Falsely
F.A.C.T. Accused or Wrongly Convicted of Child Abuse
Personalia
We begin our round up of local attend should contact the North The group also produced their own
gossip with the news that all Wales secretary (for contact details press release, taking advice from
regions were actively involved in see page 2) F.A.C.T. members an experienced media professional.
supporting our Spring Awakening might also like to note that George “Our stand was manned by
day vigil. We are grateful to all and Iris have recently sold their members of the JfK Committee and
who took part. There has been house. As they are currently living supporters together with a number
some encouraging feedback. The in temporary accommodation of F.A.C.T. members who travelled
London events proved very before moving to South Wales it is to Birmingham to be with us. It
successful. The group were not possible to pass on their new was a pleasure to meet them. After
especially pleased, in view of his address. We were also sorry to our initial trepidation, the pressure
subsequent speech, that the Lord hear that George’s brother is of learning from scratch how to
Chancellor noted the vigil when he gravely ill. We wish George and Iris organise such an event, we enjoyed
passed close by. There was an every success in their move. We ourselves and felt, with some
excellent turnout outside Wakefield are sorry to report that Laurie, the reservations, that the experience
prison which we know was brought F.A.C.T. Northwest Chairman had been worthwhile and similar
to the attention of inmates by remains very unwell. Our thoughts events should be held again, but
prison officers. There was also an go out to him, his wife Pauline, and planned with a clearer objective.
excellent turnout in Scotland and their family. We were very disappointed at the
strong media interest. In Wales, In the Midlands the JfK (Justice for lack of media reaction to our press
F.A.C.T. South Wales managed to Kevin) group had a very successful release. Bernadette, our Press
secure an apology from the police vigil. “We were unable to hold the Officer, was approached by one TV
for having to impose some strict intended vigil outside the offices of company which expressed interest
conditions on the day - they were the C.C.R.C. In the end this proved but when told we would not have
not allowed to tie their banner to a blessing. We chose Chamberlain for interview anyone supported by
crowd barriers! Despite this, and Square, placing the stand in the F.A.C.T. who had successfully
some competition from a rather stream of visitors entering and appealed against conviction they
loud ‘professional’ protestor, the leaving the Birmingham Central lost interest. Steve, our spokes-
event passed off successfully and in Library and nearby premises. We person for the day, was
good humour. F.A.C.T. North Wales devised our own theme “It could interviewed for a local radio station
also reported a very successful day be You” and produced our own and this was broadcast. Would we
and managed to secure a meeting leaflet. Only a small proportion of do it again - Yes.”
with a senior police officer and a passers-by accepted our leaflets or
Vigils are an important part of
probation officer to discuss a range engaged in conversation, but we
what we do. They enable us to
of issues. They, together with distributed 1,000 leaflets and were
show some solidarity and provide
friends from F.A.C.T. North West, gratified to find, that only one
an opportunity to get our message
also have plans to leaflet the leaflet had been discarded in the
across way.
International Eisteddfod in street! A few people took the
F.A.C.T. is very grateful to all those
Llangollen later this month.. trouble to visit the stand and
who took part and made the day
F.A.C.T. North Wales will be holding discuss our concerns, only one
very worthwhile and enjoyable.
their AGM on the 25th June in person was antagonistic: ‘you’re
Thankyou.
Wrexham commencing at mid-day. the people who defend
Any F.A.C.T. member wishing to paedophiles, aren’t you?’”

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Page 24 June 2007