There are 3 excellent articles on the the Children's Commissioner for Scotland Web site all well worth reading.
Does Naming Suspects Help Children?
28th Apr 2008
The McClintock Lecture 2004, organised by SACRO and presented by Kathleen Marshall, Commissioner for Children and Young People in Scotland
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The Power to Abuse and the Power to Accuse
28th Apr 2008
Delivered to : The Annual Research Collections Lecture hosted by Glasgow Caledonian University and presented by Kathleen Marshall, Scotland’s...
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Allegations against Teachers by Pupils
28th Apr 2008
Children and adults need each other. Children’s rights and adults’ rights do not have to be in conflict. They both fall under the category of...
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Taking the heat out of accusations
In Society last week, the academic Sarah Nelson rejected calls for teachers accused of child abuse to remain anonymous. Here Scotland's Commissioner for Children and Young People Kathleen Marshall responds.
Sarah Nelson believes that my support for anonymity for teachers accused of hurting a child, until and unless the accusation is proven to be true, is "misguided and can only cause harm to vulnerable children".
We agree that "a fearful, sterile atmosphere between teachers or carers and children has become damaging to both sides", but we disagree on the solution.
Sarah argues that anonymity until conviction is not appropriate because it perpetuates a stereotype of children as malicious liars; that research shows how difficult it is for children to tell about abuse and to be believed; and that it is difficult to justify protecting only one group of people (ie teachers).
Instead, she suggests reaffirming to teachers that it is legitimate to engage in simple physical contact for purposes such as comforting, aiding or praising a child or protecting them or others from danger, and ensuring gentle, skilled interviewing of the child at an early stage to distinguish true from false allegations.
These solutions could be helpful, but I do not think they will be enough to make an impact on this highly charged issue.
I agree it is difficult to justify applying anonymity only to teachers.
We should consider extending it.
I also agree that proposing anonymity for accused teachers, or anyone else, may be seen by some as perpetuating the unfortunate and damaging stereotype Sarah refers to. Such stereotypes should be constantly challenged.
We need a system that encourages and supports children to speak out, while responding in a measured, mature way to them.
Adults who feel enraged by the prospect of false allegations often suggest that children should be punished for making allegations that turn out to be untrue. I would strongly oppose that development as it would inhibit children from speaking up about genuine issues.
The fact that something is not proven in a court of law does not mean it is untrue. Some kinds of abuse are difficult to prove. I suggest instead an approach that takes some of the heat out of the consequences of a false allegation.
The fact these consequences can be so dire for an accused adult is the result of the laws and system created by adults, and adults have the power to change them.
We can, for instance, filter non-conviction information on "enhanced disclosures" before it is passed to a prospective employer so details of unproven allegations are not shown. We can change the law so reports of court proceedings do not give all sorts of details that might not ultimately be proven. We can also change the law to ban publication of the names of the accused until a conviction is secured.
There are complex legal issues around this and I believe it merits analysis and consultation. I have suggested that the Scottish Law Commission undertakes this task. Then everyone can have a say.
Research commissioned by my office has evidenced the deep-rooted fear adults have of contact with children. Simple reassurances won't do when the stakes are so high in terms of public humiliation, loss of reputation and a possible far-reaching impact on future employment prospects.
I want a system that acknowledges all we have learned about how difficult it is for children to tell about abuse. It should also acknowledge the danger of our current overreaction to throwaway remarks by children. This situation, if left unaddressed, will itself undermine the child protection agenda.
Read more at www.sccyp.org.uk
Source: The Herald [Scotland]
The following article By Eamonn O'Neil appeared in the Obvserver on 21st April
This morning in Glasgow city chamber's historic banqueting hall - the place where Nelson Mandela received the freedom of the city in 1993 - the world's first conference examining the post-exoneration treatment of the victims of the UK's miscarriages of justice will take place. It's a unique gathering, featuring academics, victims of wrongful convictions and legal experts, and will run for two days.
There was a time in the UK where the term "miscarriage of justice" provoked outrage and indignation. Recall, for example, Lord Hailsham proclaiming with a splutter that the mere possibility of a miscarriage of justice in the case of the Birmingham Six was "an appalling vista" for English and Welsh justice. Recall the scene when Gerry Conlon fled the court of appeal with his sisters by his side, telling a waiting camera crew, "I'm an innocent man ...". Recall the sad sight of Stefan Kiszko, exonerated of the murder of a little girl - only to die shortly afterwards. Recall the sight of Scotsman Robert Brown live on Channel 4 news, wearing tinted glasses because prison lights had damaged his eyes, released in 2002 after almost 26 years - as much as prisoner 46664, Nelson Mandela, spent on Robben Island - behind bars for a murder he didn't commit.
I was brought up with the notion that "where there's smoke, there's fire". That was normal for a child in the 1970s. Keep your nose clean; respect the law; don't answer back. But that very creed was a disastrous formula for the less fortunate who were caught in legal crosshairs. Most of them were poorly educated; lacking in self-esteem; faced with overwhelming legal resources; and compliant in more ways than one.
Today's conference examines what happens to the men and women who've suffered miscarriages of justice. How wonderful it would be if I could say these individuals will cite tales of redemption, education, rebirth and renewal. Instead, it will be two days of wretched testimonies of being abandoned, marginalised, and wilfully forgotten by the powerful.
This conference is organised by a small but significant charity called the Miscarriages of Justice Organisation (Mojo). The Scottish government, who spotted the progress it's making in helping those who've been wrongfully convicted, commendably backs its far-sighted efforts. Globally, this is a unique initiative. Interestingly, it was not founded by a focus group or a centralised body: instead it began in the heart of Paddy Hill, one of the wrongfully convicted Birmingham Six men. Before a penny of public money kicked in, Hill pumped tens of thousands of pounds of his personal compensation money into this project.
This morning, I will invoke the stirring words of the slain American Senator Robert F Kennedy, who was assassinated almost 40 years ago:
"Each time a man stands up for an ideal, or acts to improve the lot of others, or strikes out against injustice, he sends forth a tiny ripple of hope, and crossing each other from a million different centres of energy and daring, these ripples build a current that can sweep down the mightiest walls of oppression and resistance."
Yet, when I speak, I'll have Paddy Hill as much as Senator Kennedy in mind.
Why? Because, I trust it will stir something deep inside us all - those directly involved in this conference - and those out there in the wider audience.
First, I'm hoping it'll remind us that, in times when people understandably seem more perturbed by house prices, credit-crunches and mayoral contests, someone, somewhere, might recall there was a time when we all rallied to the flag of injustice, a cause outside our immediate self-interest, an issue without reservation, without qualification and without hesitation.
And, second, I want to throw down a gauntlet.
Within a year of Robert Brown's release in 2002 - the victim of the UK's worst miscarriage of justice - Tony Blair personally apologised to Guildford Four's Paul Hill as part of the Northern Irish peace deal. By then, Hill had married into the Kennedy clan and strings had clearly been pulled. Good for Paul Hill and his wife Courtney Kennedy. But, within 24 hrs, Tony Blair had also refused my faxed plea to issue the same apology to Robert Brown - and all the other victims of British miscarriages of justice.
No reason was given.
Does anyone think that his successor Gordon Brown, who's spoken in the last week at Boston's JFK library, decribes the social justice-minded RFK as a hero, and who edited a book styled after Kennedy's Profiles in Courage, will take up the cudgels? I'm not sure.
But I am hopeful - as are those bruised but courageous souls in Glasgow today and tomorrow - because, unlike the bailing-out of banks and lenders, this is one decision that will take nothing - except personal honour.
Voice: the union for education professionals has backed calls by Scotland's Children's Commissioner for anonymity for teachers accused of abuse.
Voice General Secretary Philip Parkin said: "Children need protection, but those who work with them - both teachers and support staff - are entitled to protection too.
"The lives and careers of innocent people have been ruined by false allegations of abuse, even after they have been acquitted of any offence. Being falsely accused and suspended can cause severe personal distress and long-term damage to the accused's career.
"Splashing someone's name across the front page of a newspaper because they have been accused of something but not charged is trial by media. A small paragraph on an inside page weeks later reporting that the charges have been dropped is not acceptable - mud sticks.
"An accusation of abuse should never be ignored, for fear that a child, pupil or student may be at risk, but neither should the accused be obliged to wear the mantle of guilt.
"It is time for teachers and support staff to be given some basic rights and safeguards. Among these should be the right to anonymity unless and until charged with a criminal offence.
"The necessary legislation to effect this should be introduced as soon as possible."
Contact:
Voice Press Office
01332 372 337 or 0794 871 0413,
Senior Professional Officer (Scotland)
Maureen Laing on 0131 220 8241 or 07948 554378
General Secretary
Philip Parkin on 01332 372 337 or 077 259 601 32.
The following report appears by Fiona McLeaod appears in the News Scotsman
Teachers accused of abusing pupils must be given anonymity to protect their reputation, according to Scotland's children's commissioner.
Kathleen Marshall called for all teachers to remain anonymous until they were convicted, in order to protect both them and the children – who could suffer, if adults feared working with them.
"The rights of children and adults are not mutually exclusive," she said.
"Children are losing out because meaningful relationships with adults, including teachers, are undermined by fear and suspicion."
She said encouraging normal, trusting relationships was vital and added: "The current climate of fear harms both children and adults working with children, and it is in everyone's interests that it is tackled."
Research carried out by the commissioner's office showed 48 per cent of adults say fear of being accused of harming young people is the main deterrent to working with them.
It also showed respondents feared helping a young person in danger or distress – with men particularly afraid of accusations of being a paedophile.
More stringent disclosure checks to ensure those who want to work with children pose no danger have deterred many from volunteering. The Girl Guides in Scotland has a waiting list of over 4,000 girls because the historic organisation does not have enough volunteers.
The Scouts and Boys' Brigade have similar problems.
Ronnie Smith, general secretary of the EIS union, said false allegations could destroy a teacher's reputation – even if they were later cleared.
He said: "In order to do the job of a teacher, we need to have a certain standing in the eyes of the pupils and parents and where someone is accused – even if they are cleared – there is still a stigma that sticks."
He said teachers who were falsely accused ended up quitting their jobs or their experience changed the way they dealt with children.
He said: "Every move they make and everything they say is based on a calculation of risk."
Remaining anonymous would not stop accusations being made, he said, but would lessen the damage caused by false allegations.
He added: "Teachers deserve special consideration because part of the very nature of their job is to be in daily contact with children, and to correct bad behaviour which can create resentment.
One Edinburgh primary school teacher, identified only as John, had his career destroyed through false claims made by four 11-year-old girls.
They claimed he looked at them inappropriately while changing for the gym.
He was subsequently cleared but quit after his reputation was ruined and he lost his trust in children.
He said: "Ex-pupils I'd taught would call me a paedophile in the street. It destroyed my life in Edinburgh and I've had to move."
However, the call to protect the names of accused teachers was rejected by the previous Scottish Executive in 2005.
David Eaglesham, general secretary of the Scottish Secondary Teachers Association warned anonymity could encourage more people to make accusations.
He said: "Those in the community and school would still know who an accused person was regardless of any official anonymity, and accusers might feel more inclined to have a go if it is not going to be in the media.
Also see BBC news item (here)
Listen to Children's Commissioner interview
Police investigating an alleged rape in Suffolk have said they are confident the incident did not take place.
An inquiry began after a 24-year-old woman told police she had been attacked in a street in Ipswich, on 25 February, after a night out with friends.
A Suffolk police spokeswoman said: "It can be confirmed that she was not the victim of rape or any other crime."
No further action will be taken against a 22-year-old man arrested on suspicion of rape on 7 March, police said.
Source: BBC/Suffolk
Train companies close doors on men's only carriages, giving