Researching Sex and Lies in the Classroom

Allegations of Sexual Misconduct in Schools

Pat Sikes, Heather Piper

• Publisher: Routledge
• Year: 2009
• ISBN:
  9781135189013
• Edition: 1
• Topic: Education
• Subtopic: Education General

The Anglophone world is gripped by a moral panic centred on child abuse in general and fear of the paedophile in particular. Evidence suggests an alarming rise in the number of false allegations of sexual abuse being made against teachers, and demonstrates that the fallout from being falsely accused is far-reaching and sometimes tragic. Many people in this position cannot sustain family relationships, have breakdowns, and are often unable to return to the classroom when their ordeal is over.

Researching Sex and Lies in the Classroom draws on in-depth qualitative research exploring the experiences, perceptions and consequences for those who have been falsely accused of sexual misconduct with pupils, and for the family members, friends and colleagues affected by or involved in the accusation process. The book also highlights the dilemmas and difficulties the authors themselves have faced researching this field, such as:

• ethical and methodological concerns over whether or not the teachers had indeed been falsely accused, or were guilty and taking advantage of this project to construct an alternative, innocent identity
• the difficulty of obtaining institutional ethical clearance to undertake and publish research which challenges master narratives concerning children and their protection
• the reluctance of funders to support research in controversial and sensitive areas.

Researching Sex and Lies in the Classroom reveals findings which are both informative and shocking. It interrogates the appropriateness of current investigative and judicial procedures and practices, and it raises general questions about the surveillance and control of research and academic voice. It will be of great benefit to academics and researchers interested in this field, as well as postgraduate students, teachers and other professionals working with the fear of allegations of abuse.

Chapter 1
Why we have done this research and written this book

A cautionary and introductory tale

It was late in the evening, around 11, when Rebecca¹ rang. From her first words and by the catch in her voice it was patently clear that something was very wrong. She hadn’t got far into her ‘how are you alls’ and ‘sorry to be phoning at this time’ before she burst into tears and the reason why she was ringing began to spill out. The long and the short of it was that the mother of a four-year-old boy in her reception class had apparently alleged that Rebecca had behaved in a sexually inappropriate way with the youngster. The situation was complicated because the mother had no English and ever since her son had joined the school, she’d been making repeated complaints, via her husband, about how other members of staff and also classmates treated and interacted with the boy.

Immediately after the allegation was reported to the head, Rebecca had been sent home, told not to talk to any of her colleagues and advised to contact her professional association. Having done this and when she’d given her account, the union rep had told her not to worry and that he was sure that it would all, eventually, be sorted out. In what was obviously an attempt to ease her mind he’d also remarked there were currently approximately 25 cases of alleged teacher abuse going on within the region he was responsible for and that ‘this sort of thing was par for the course these days’.

Early the following afternoon Rebecca was informed that she could go back to school in the morning. The head told her that the nursery nurse and the three teaching assistants who worked with her in the same classroom had all attested that she’d never ever even been alone with the boy in question, had definitely not been seen to do what had been suggested, and that, after further enquiry, it had also transpired that there’d been a mix-up in translation and that the mother hadn’t meant what she’d initially been reported to have said.

Background

What happened to Rebecca serves as a salutary introduction to this book. Here, our primary concern is with the perceptions and experiences of male teachers (and of members of their families, their friends and colleagues) who have been accused of sexual misconduct with female students which they say they did not commit and of which they have eventually been cleared or the case has been dismissed due to insufficient evidence. However, that Rebecca, a young woman who worked in the foundation stage, could also find herself in a comparable sort of position, highlights the way in which being accused of sexual abuse can happen to any teacher who may then experience similar consequences in terms of distress and anxiety with regard to the fact that they have had an allegation made against them, albeit one which is later found to be false or unproven.

It does seem to be the case that, as Rebecca’s union representative noted, allegations against teachers are not unusual these days and that, furthermore, the incidence of false accusations is rising (Lepkowska et al., 2003; NASUWT, 2003; Myers et al., 2005; Revell, 2007). Within the UK, figures compiled by the NASUWT (Williams, 2004), show that, while in 1991, 44 such allegations were made against their members, in 2003 there were 183.

In a move which seems to acknowledge a growing problem, a network of Investigation and Referral Support Co-ordinators (IRSCs) was formed in 2001 to help Local Education Authorities (LEAs), police and social services deal with allegations of child abuse by teachers, school staff and carers. IRSC data on 1,629 allegations recorded by 122 LEAs between September 2003 and August 2004 showed that 30 per cent concerned sexual abuse and inappropriate behaviour, the majority being made against men (DfES,² 2004a, 1.8. and 1.9).

We became interested in investigating teachers’ perceptions and experiences of having allegations of sexual misconduct made against them as a result both of hearing a number of stories concerning individuals so accused and because of our previous, respective work on topics which linked teachers and sex. Thus: Pat had investigated consensual sexual relationships between male teachers and female students over the legal age of consent (see Sikes, 2006a and 2008), while Heather had researched the problematics of touch between professionals – teachers and carers – and children of all ages (see Piper and Smith, 2003; Piper et al., 2005; Piper and Stronach, 2008). Our reading around the area had made us aware that teachers in other countries were also becoming increasingly fearful of being accused of sexual abuse (see for example, Jones, 2001, 2004; Shakeshaft, 2004; Cavanagh, 2007; Johnson, 2008a) and that this fear was negatively affecting pedagogy and recruitment (particularly of men) to the profession (e.g. Skelton, 2003; Mills et al., 2004; Murray, 2009; Simpson, 2009). However, it was the stories that we heard about the accused men that really led to our decision to look into this issue further because it did seem that they and their families were often going through horrendous, and even Kafkaesque, experiences which did not end even when there was found to be no substance to the allegations.

The official line is that ‘fortunately, cases of malicious allegations or false allegations that are wholly invented are very rare’ (DfES, 2004b, 2.9). However such confidence fails to match the reality that, at the time when this assertion was first made, a professional association, the NASUWT, recorded that fewer than four per cent of cases of alleged (physical and sexual) abuse involving 1,907 of their members over ‘recent years’ had resulted in a conviction (NASUWT, 2004). While these figures do not necessarily mean that 96 per cent of allegations were untrue they do reveal something of the scope and nature of the problem. More recent, but less precisely dated, figures suggest a similar rate of proven guilt. Thus, ‘over the last few years there have been 2,316 allegations against NASUWT members alone. Of the 2,231 [cases which have been] concluded, in a staggering 2,116 either no grounds were discovered for prosecution or the allegation was not proven at court’ (NASUWT, 2009).

This is a complex area, and while findings from our research lead us to question the DfES view that ‘almost invariably there is a real incident or event that is the basis for an allegation’, we can agree that ‘in many cases the allegation is based on different perceptions of an incident by different people, or a misunderstanding, or misrepresentation, or exaggeration’ (DfES, 2004a, 2.9). (Of course, our work only allows us to speak about allegations of a sexual nature. The situation may be different with respect to reports of physical abuse.)

Clearly, understandings, perceptions, meanings and definitions are of prime importance. In an attempt to provide an ‘objective’ baseline the IRSC explained:

Words such as false, unfounded, unsubstantiated and malicious are often used in the same context when describing an allegation. The meanings are very different and it is important for staff to understand the distinction between them and use them correctly. The term false can be broken down into two categories:

• Malicious This implies a deliberate act to deceive. A malicious allegation may be made by a pupil following an altercation with a teacher or a parent who is in dispute with a school. For an allegation to be classified as malicious, it will be necessary to have evidence, which proves this intention.

• Unfounded This indicates that the person making the allegation misinterpreted the incident or was mistaken about what they saw. Alternatively they may not have been aware of all the circumstances. For an allegation to be classified as unfounded, it will be necessary to have evidence to disprove the allegation ( … )

An unsubstantiated allegation is not the same as a false allegation. It simply means that there is insufficient identifiable evidence to prove or disprove the allegation. The term, therefore, does not imply guilt or innocence.

(DfES, 2004b: 7–8)

Regardless of all this definitional gymnastics though, as successive Secretaries of State for Education have said (in remarkably similar words),

once the allegations have been made, whether they are true or not, a life may be ruined.

(Estelle Morris, 2001, quoted in Revell, 2007: 20)

I am very much aware of the devastating effect that false or unfounded, allegations can have on a teacher’s health, family and career.

(Charles Clark, Secretary of State for Education quoted in DfES, 2004c)

I am very much aware of the devastating effect that being wrongly or unfairly accused can have on an individual, their family and their career.

(Ruth Kelly, 2006, quoted in Revell, 2007: 22)

Indeed the fallout is far-reaching and sometimes tragic. Many facing false allegations cannot sustain family relationships, have breakdowns, and cannot return to the classroom when their ordeal is over. Suicide, too, is not unheard of (NASUWT, 2004; Teacher Support Network, 2008). Statistics show that a ‘significant number of people resign after an allegation is made against them’ regardless of the veracity of the accusation (DfES, 2004a, 2.11). Careers and lives are ruined, and experienced professionals are lost.

Procedures for dealing with allegations are, to a considerable extent, to blame for these consequences. A major problem has been that investigations have tended to be protracted, stretching out over months and even, in some instances, taking longer than a year (see Hansard, 2009 for a case which took nearly four years). Thus, Rebecca’s 24 hours really does make her experience the exception. This time-lag issue is recognised both by teachers’ associations which have campaigned for swifter, more effective, efficient and equitable investigations and by the Secretary of State for Education who stated that:

The length of time it takes to investigate an allegation and the surrounding publicity can make its impact so much more severe. I am committed to tackling those issues, rapidly, fairly and consistently to better protect teachers from false allegations while at the same time continuing to maintain effective protection for children.

(Charles Clark, Secretary of State for Education quoted in DfES, 2004c)

Unfortunately, attempts to speed up the process as described in DfES guidelines (DfES, 2004a, 2004b, 2004c) and which came into force in 2005 have not worked as effectively as was hoped. Although they may have sometimes led to events progressing at a faster pace, there is concern that this has been at the cost of thorough investigation leading to greater risk of miscarriages of injustice (Revell, 2007: 7).

Suspension of teachers against whom an allegation has been made is another seriously problematic area, partly because both the assessment of the risk of the person remaining in school and the decision to suspend are the responsibility of each individual headteacher and school’s governing body (DfES, 2004c: 3). Research undertaken for a BBC Radio 5 live programme revealed how variable practice can be. Thus, over the five years between 2003 and 2008, national suspensions of teachers rose by 86 per cent from 168 to 314. However, whilst one local authority suspended 40 teachers in the period, in another authority there were no suspensions whatsoever (Donald MacIntyre Show, 14/9/08). Although alternatives, such as swopping classes or assignment to a non-contact task, are often possible, it seems that frequently, once an allegation has been made, teachers are suspended. Some will only learn that they have been accused as they are escorted from the premises having been forbidden to return until the matter is resolved. Even though, according to the guidelines, ‘in employee relations terms, suspension is deemed a neutral act’ (DfES, 2004c: 2), that ‘is in itself not a disciplinary measure’ (Myers et al., 2005: 95), the rhetoric does not usually match the perceptions or experiences of anyone who is in any way involved (and in fact the notion of neutrality of suspension is now contentious following a challenge in the Court of Appeal³).

The fact that allegations have been made often produces a presumption of guilt and ‘once reported, the staff involved are forbidden to discuss the case with anyone’ (Myers et al., 2005: 117). It is not surprising that ‘whether the person is guilty or not, suspension is always traumatic, even life changing’ (Myers et al., 2005: 94). As Barry Sheerman, Chair (in 2009) of the Commons Select Committee for Children, Schools and Families said on a File on 4 programme, ‘you cannot suspend a teacher without damaging their career’ (File on Four, 2009). Indeed you can’t and furthermore, it is well recognised that the anxiety caused by suspension is such that ‘frequently [investigatory] proceedings will be interrupted by the stress and ill health of the teacher concerned’, and ‘capability procedures relating to ill health may, in some circumstances, supersede the disciplinary process’ (Myers, et al., 2005: 99).

Then there is the whole issue of anonymity. Once again teachers’ associations have been active (but at the time of writing, unsuccessful) in campaigning for a change to the current situation whereby the names of teachers against whom allegations have been made can be revealed to the media whilst investigations are still underway and before any judgement is passed. This practice can be particularly damaging to the families and friends of the teachers and, apart from the psychological and emotional harm it can cause, it also puts people at risk of physical attack from the ‘vigilantes’ who take it upon themselves to punish those they believe to be paedophiles.⁴

Of course, children do need to be protected and this means that when they make an allegation of abuse they must be listened to seriously and investigations have to be undertaken. This is not at issue. However it does seem that the practices, policies and procedures around child protection that we currently have in the UK do put innocent teachers at serious risk of being publicly identified as suspected, if not actual, abusers. For instance, the introduction of the Independent Safeguarding Authority’s Vetting and Barring Scheme (see Independent Safeguarding Authority, 2009) in October 2009, makes it a duty to share information about any accusations, proven...

Table of contents

• Contents
• Acknowledgements
• Abbreviations
• Foreword
• Chapter 1 Why we have done this research and written this book
• Chapter 2 Immoral panics
• Chapter 3 ‘A courageous proposal, but … this would be a high risk study’: ethics review procedures, risk and censorship
• Chapter 4 Truths and stories
• Chapter 5 ‘Confused, angry and actually betrayed: it was time to get out’
• Chapter 6 Timpson versus Regina
• Chapter 7 ‘How do you tell teenage children that their father’s been accused of sexual abuse?’
• Chapter 8 It didn’t take long for the rumour mill to start grinding
• Chapter 9 Nobody can prove anything for definite
• Chapter 10 EndWords
• Notes
• References
• Index