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Presumed guilty



 
 
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  #1  
Old August 27th 08, 05:14 PM posted to uk.legal
Webmanager_CritEst
external usenet poster
 
Posts: 3,260
Default Presumed guilty

Presumed guilty: The loving stepfather devoted to helping autistic
youngsters now fighting to clear his name

By Natasha Courtenay-Smith

Last updated at 12:26 AM on 27th August 2008

Every second Thursday, John Pinnington follows the same, rather bleak
routine.

After breakfast, he heads to his local JobCentre, where he collects
his dole money for the week ahead.

It is a paltry sum, a mere fraction of what he used to earn when he
was the respected deputy headmaster of an Oxfordshire college for
young adults with learning difficulties.

He and his wife Rosie no longer enjoy the comforts of the lifestyle
they once led.
John Pinnington with his wife Rosie

Living under a shadow: John Pinnington with his wife Rosie

They have to rely on the goodwill of friends with holiday homes in the
UK when they need a break, and can barely afford to keep their neat
three-bedroom terrace house in the tranquil Oxfordshire village of
Benson.

Without his £35,0000-a-year income, they have been forced to resort to
selling off various family possessions in order to pay their mortgage.

For John's once-excellent career prospects have been destroyed because
of a series of unfounded and spurious indecent assault claims made by
three young adults in his care.

Despite police investigations into each of the claims, none of the
allegations has resulted in criminal charges or conviction but,
despite this, they remain on his teaching record - preventing him from
securing another job.

Earlier this month, John, 59, lost a High Court battle to clear his
name, despite the judge admitting the 'serious weaknesses' in the
allegations.

In a judgment which will affect thousands of carers in charge of
children and young adults in Britain, the judge ruled that future
employers should always be made aware of such allegations, however
'weak and unreliable' they were.

The case is a test of tough new vetting laws introduced after the
infamous murders of two Soham schoolgirls in 2002.

The girls' killer, Ian Huntley, had been able to get a job as a school
caretaker despite having faced repeated allegations of sex offences
involving underage girls.

Since then, all criminal allegations, whether or not they are proven
in court, have been entered on suspects' police records and disclosed
to employers who request enhanced Criminal Record Bureau (CRB) checks.

But John, who says his 'life and livelihood' have been destroyed,
describes the judgment as 'political correctness gone mad'.

He says social workers and police are so afraid of doubting the word
of those with special needs that those caring for them have no
recourse if accused of any wrongdoing.
Ian Huntley

Ian Huntley: The Soham murderer worked in education despite previous
allegations. His case changed the laws on criminal record checks

The fact that he has the support of numerous ex-colleagues and parents
of his former charges, he says, counts for nothing.

John's nightmare began in the summer of 2001, when a 19-year-old man,
who had a history of making wild allegations against a number of
individuals, including his own father and brother, accused John of
having sexually assaulted him a year earlier.

But, within a fortnight, he withdrew the allegations.

What makes John's case all the more disturbing is that all three of
his accusers suffer from autism to such a degree that they are unable
to speak.

Their allegations have been extracted using 'Facilitated
Communication' (FC), a controversial method which relies on one
individual resting his or her hand on the arm of a person with
restricted mental or physical capacity, effectively guiding them as
they communicate using a keyboard.

It is a method that is banned in countries such as the U.S., Australia
and New Zealand, after critics warned it is like using a Ouija board -
but not in the UK.

In John's case, the person helping take the statement from each of the
three men in question wasn't properly trained in FC - indeed, on one
occasion he says the 'facilitator' was the mother of an accuser.

But the allegations were reported to the police who in turn filed them
to the CRB, who put them on his record.

John says: 'In the past seven years, I've made complaints to everyone
from Oxford Social Services to the Home Office in a bid to try to
reclaim my good name.

'Yet I feel like I've been trying to slay the Hydra - every time I
chop off one of its heads, up spring two more.

'I have a huge folder full of letters and cards of support from
parents of all the children I've taught over the years, my former
colleagues, friends at church, family and neighbours. But really, they
are all meaningless.

'They help me at my lowest ebb emotionally, but they can't do anything
to save my career - or my reputation.

'My once-clean certificate now contains details of these farcical
allegations, simply because the police automatically filed them to the
CRB.

'I don't see why police CRB checks should include unsubstantiated
abuse allegations if there is not a good reason to believe they are
true.

'In my case, the allegations are based on lies and are unfounded,
untested and unproven.

'Yet their presence on my CRB, which is a mandatory certificate for
anyone who works on a paid or volunteer basis with children or
vulnerable adults, is costing me my livelihood.

'This is political correctness gone mad, and the reason why is because
there are young adults with learning difficulties involved.

'If a woman cries rape and it is proved to be unfounded, a firm line
is taken against her and the man she has accused is exonerated.

'But no one is willing to take a firm line and say 'Look, these
individuals are not telling the truth' or 'This individual has a
history of compulsive lying' because the individuals in question have
learning difficulties. It's as though the word of a person with
disabilities cannot be challenged.'

Despite gaining the personal support of Boris Johnson, who until
recently was his MP, John hit what appeared to be a final brick wall
late last month, when, in a High Court case that could have
consequences for thousands of carers working with children and
vulnerable adults, he tried - and failed - to challenge the decision
by Thames Valley Police automatically to include unproven allegations
on his CRB.

There can be little doubt this situation is taking its toll on John
and Rosie.

'The strain on us has been tremendous,' says John. 'We have
grandchildren that we'd like to enjoy, but trying to clear my name has
taken over our entire world. For seven years it has been all I think
about.'
boris johnson

Backing: London Mayor Boris Johnson has supported John Pinnington's
fight to clear his name

It wasn't until late in life that John entered the teaching
profession, having previously spent much of his career working as a
technical illustrator.

He was inspired to change careers by the plight of his autistic
stepson, Stuart, now 32, his 57-year-old wife's son from a previous
relationship.

'When Rosie and I married, Stuart was seven ,' recalls John. 'He was a
very difficult child. He would scream constantly and Rosie was at her
wits' end. But I felt a natural empathy with him.'

In 1998, John was approached by a local charity (through which Stuart
had attended some residential and weekend courses) looking for an
extra pair of hands, and with his stepson in mind, he jumped at the
chance to help.

The charity was looking for individuals to help run the Rycotewood
Project, a social services funded course for young adults with autism.

'I'd reached a stage where I was ready to do something other than just
sit at the computer all day,' says John.

A year later, having gained a formal teaching qualification, John was
appointed project manager of the Rycotewood Project.

'I was over the moon,' says John. 'I felt I had a lot to offer. I
fully understood the dynamics of living with both an autistic child
and a young adult.'

However, at the end of 2000, the assault allegations that have since
dogged John's career began to surface.

He was told that one of his students, a young man in his late teens
known only as Pupil X, who had attended a residential week he'd
organised that summer in Wales, had accused another tutor of sexual
abuse.

'My initial reaction was one of horror and I had no doubt this tutor
had been falsely accused,' says John. 'What concerned me most was that
as the allegations had been made using FC, it is far too easy for the
facilitator to control the answers.'

Over the next six months, Pupil X continued to make and then withdraw
similar allegations against his support workers, and his brother and
his father.

'Actually, I and the other staff felt sympathy for this young man,'
says John. 'But given the sort of allegations he was making, we made
sure none of us was ever alone with him.'

John set about organising the summer residential trip for 2001. He was
advised not to allow Pupil X to attend and says the mother understood
when he explained that to her.

'But nothing prepared me for what happened next. The very next day,
Pupil X made allegations against me concerning the previous year's
residential course, again using FC.'

Despite this, John says, the boys' parents brought Pupil X and his
brother to the course and happily allowed them to be taught by him. At
the end of the course, John discovered the parents had reported him to
the police.

He was suspended while police investigated.

Rosie continues: 'John considered walking away from his job, but he
decided he'd fight to clear his name,' says Rosie. 'And with this
young man throwing similar accusations around, we thought it would all
be cleared up.'

And, at first, it seemed it had been. Thames Valley Police decided not
to pursue the case and within a month Pupil X withdrew his allegations
- although neither John nor his employers were told this until 2007.

And the individual who had helped Pupil X make his statement using FC
had admitted he wasn't sure if it was himself, or pupil X, writing on
screen.

John, meanwhile, was asked to become trustee of the newly formed
Thomley Hall College, a specialist facility for students aged 16-25
with autism, by a charity which was aware of the allegations against
him.

It was a job he did until July 2002, when a second pupil - a friend of
Pupil X - made an allegation against him, again using FC.

After a three-week investigation by the college, it was decreed John
should not be suspended.

'At the time, I was due to host another summer residential, and in
light of the new allegations, I decided to call a parents' meeting,'
says John. 'I

explained to all the parents that allegations of a serious sexual
nature had been made against me, and offered to stand down if any of
them had the slightest of worries. I received 100 per cent backing.'

In January 2004, with John having attended a voluntary interview with
the police and no further action having been taken, he was made deputy
headmaster at Thomley Hall College.

'John was devoted to the job. He put in 60-hour weeks,' says Rosie. 'I
saw very little of him. He was in his element.'

But just over a year later, he discovered he was facing a third set of
allegations, this time being made retrospectively by a former student
- whom John later discovered was the brother of Pupil X - again using
FC.

John was told that the case had in fact already been closed, but the
police had felt he ought to know an investigation had taken place.

Then, in September 2005, John was suspended, being told that an
'alert' had been raised .

To this day, he says he does not know what the so-called alert was or
who raised it. But it meant his employers asked him to get an enhanced
CRB check.

When it arrived, details of all three allegations appeared on it. John
was dismissed from his job in 2006.

Rosie recalls: 'John had been called to a meeting and had a feeling
that he would be dismissed because he had been unable to produce a
satisfactory CRB check .

'He came through the front door, as white as a sheet, and said to me:
"You're now looking at an ex-deputy headmaster." He was really upset.

'He has not worked since and now considers himself unemployable.'

With every job he applies for - including more teaching jobs, a job as
a groundsman and voluntary positions - he tells employers about the
stain on his CRB.

'I think even if I was applying for a job stacking shelves, the
allegations would still mean I wouldn't get it,' says John.

'And I understand the logic: who wants to employ a man who has been
sacked, who has sordid allegations against him and a two-year gap on
his CV? Why take the risk?'

As parents of a mentally disabled child, the Pinningtons insist they
are wellplaced to understand the need to ensure that vulnerable
children and adults are protected.

'Of course the vulnerable must be protected, but there has to be a
balance when an accusation is as frail as those against John have
been,' adds Rosie. 'Common sense still needs to be applied.

'What is really bizarre is that social services have no problem at all
with John caring for Stuart. John has said to them: "If you see me as
an abuser, why allow me to care for Stuart?" They can't answer that.
But still we can't clear his name.'

The High Court case - which John brought against the police himself
and was funded by legal aid - was the couple's last hope of a new
start.

'The judge conceded the case against John was weak, but still decided
that police had done the right thing in adding the information to his
CRB,' says Rosie.'

John's only option now is to take his case to the European Court of
Human Rights. They hope to hear soon whether this can go ahead.

Despite everything, he wants to continue teaching young people with
learning difficulties. He says he won't allow his career to be wrecked
by what he sees as the over-reaction of the 'rampant' child protection
lobby.

'I've devoted so much of my life to helping these vulnerable young
people and I just want the chance to continue to do so,' he says.

'We know of three men who, in light of what has happened to me, have
left such jobs, as they are scared. That is a terrible shame for
everyone involved. If you are innocent, you have no redress. Can that
really be right in a civilised society?'

A spokesman for Thames Valley Police said last night: 'The force has a
duty to investigate all such allegations thoroughly and we did so in
this case. However, we cannot comment on the decision made by the High
Court.'

• The Pinningtons have asked for a donation to be made to FACT
(Falsely Accused Parents and Teachers).

http://www.dailymail.co.uk/femail/ar...lear-name.html

*****
WM
www.critest.com
  #2  
Old August 27th 08, 05:43 PM posted to uk.legal
The Todal
external usenet poster
 
Posts: 8,662
Default Presumed guilty

Webmanager_CritEst wrote:
Presumed guilty: The loving stepfather devoted to helping autistic
youngsters now fighting to clear his name

By Natasha Courtenay-Smith

Last updated at 12:26 AM on 27th August 2008

Every second Thursday, John Pinnington follows the same, rather bleak
routine.

After breakfast, he heads to his local JobCentre, where he collects
his dole money for the week ahead.

It is a paltry sum, a mere fraction of what he used to earn when he
was the respected deputy headmaster of an Oxfordshire college for
young adults with learning difficulties.

He and his wife Rosie no longer enjoy the comforts of the lifestyle
they once led.


Instead of playing the martyr and appealing for help from Daily Wail
readers, he should behave like a professional. Apply for jobs, submit his CV
and explain if necessary with a copy of the court judgment that he is in
fact scrupulously honest and has never abused anyone.

But he has probably got himself a reputation now as a whinger and a
troublemaker.


  #3  
Old August 27th 08, 05:47 PM posted to uk.legal
Webmanager_CritEst
external usenet poster
 
Posts: 3,260
Default Presumed guilty

On Aug 27, 5:43 pm, "The Todal" wrote:
Webmanager_CritEst wrote:
Presumed guilty: The loving stepfather devoted to helping autistic
youngsters now fighting to clear his name


By Natasha Courtenay-Smith


Last updated at 12:26 AM on 27th August 2008


Every second Thursday, John Pinnington follows the same, rather bleak
routine.


After breakfast, he heads to his local JobCentre, where he collects
his dole money for the week ahead.


It is a paltry sum, a mere fraction of what he used to earn when he
was the respected deputy headmaster of an Oxfordshire college for
young adults with learning difficulties.


He and his wife Rosie no longer enjoy the comforts of the lifestyle
they once led.


Instead of playing the martyr and appealing for help from Daily Wail
readers, he should behave like a professional. Apply for jobs, submit his CV
and explain if necessary with a copy of the court judgment that he is in
fact scrupulously honest and has never abused anyone.

But he has probably got himself a reputation now as a whinger and a
troublemaker.


Again, you have no idea.

WM
  #4  
Old August 27th 08, 06:04 PM posted to uk.legal
still a novice
external usenet poster
 
Posts: 6
Default Presumed guilty

The Todal wrote:
Webmanager_CritEst wrote:
Presumed guilty: The loving stepfather devoted to helping autistic
youngsters now fighting to clear his name

By Natasha Courtenay-Smith

Last updated at 12:26 AM on 27th August 2008

Every second Thursday, John Pinnington follows the same, rather bleak
routine.

After breakfast, he heads to his local JobCentre, where he collects
his dole money for the week ahead.

It is a paltry sum, a mere fraction of what he used to earn when he
was the respected deputy headmaster of an Oxfordshire college for
young adults with learning difficulties.

He and his wife Rosie no longer enjoy the comforts of the lifestyle
they once led.


Instead of playing the martyr and appealing for help from Daily Wail
readers, he should behave like a professional. Apply for jobs, submit his CV
and explain if necessary with a copy of the court judgment that he is in
fact scrupulously honest and has never abused anyone.

But he has probably got himself a reputation now as a whinger and a
troublemaker.


I cant begin to describe what a repulsive comment that is, you complete
and utter ****ing dickhead.
  #5  
Old August 27th 08, 06:04 PM posted to uk.legal
Airmax[_2_]
external usenet poster
 
Posts: 16
Default Presumed guilty

"Webmanager_CritEst" wrote in message
...
On Aug 27, 5:43 pm, "The Todal" wrote:
Webmanager_CritEst wrote:
Presumed guilty: The loving stepfather devoted to helping autistic
youngsters now fighting to clear his name


By Natasha Courtenay-Smith


Last updated at 12:26 AM on 27th August 2008


Every second Thursday, John Pinnington follows the same, rather bleak
routine.


After breakfast, he heads to his local JobCentre, where he collects
his dole money for the week ahead.


It is a paltry sum, a mere fraction of what he used to earn when he
was the respected deputy headmaster of an Oxfordshire college for
young adults with learning difficulties.


He and his wife Rosie no longer enjoy the comforts of the lifestyle
they once led.


Instead of playing the martyr and appealing for help from Daily Wail
readers, he should behave like a professional. Apply for jobs, submit his
CV
and explain if necessary with a copy of the court judgment that he is in
fact scrupulously honest and has never abused anyone.

But he has probably got himself a reputation now as a whinger and a
troublemaker.


Again, you have no idea.

WM



The rules have been introduced at the demand of the red tops, a few are
bound to suffer best he find another job where he dont need a check.

  #6  
Old August 27th 08, 06:16 PM posted to uk.legal
R. Mark Clayton
external usenet poster
 
Posts: 1,704
Default Presumed guilty


"Webmanager_CritEst" wrote in message
...
On Aug 27, 5:43 pm, "The Todal" wrote:
Webmanager_CritEst wrote:
Presumed guilty: The loving stepfather devoted to helping autistic
youngsters now fighting to clear his name


By Natasha Courtenay-Smith


Last updated at 12:26 AM on 27th August 2008


Every second Thursday, John Pinnington follows the same, rather bleak
routine.


After breakfast, he heads to his local JobCentre, where he collects
his dole money for the week ahead.


It is a paltry sum, a mere fraction of what he used to earn when he
was the respected deputy headmaster of an Oxfordshire college for
young adults with learning difficulties.


He and his wife Rosie no longer enjoy the comforts of the lifestyle
they once led.


Instead of playing the martyr and appealing for help from Daily Wail
readers, he should behave like a professional. Apply for jobs, submit his
CV
and explain if necessary with a copy of the court judgment that he is in
fact scrupulously honest and has never abused anyone.

But he has probably got himself a reputation now as a whinger and a
troublemaker.


Again, you have no idea.

WM


Once is unfortunate, twice careless, but three times...



  #7  
Old August 27th 08, 06:22 PM posted to uk.legal
Webmanager_CritEst
external usenet poster
 
Posts: 3,260
Default Presumed guilty

On Aug 27, 6:04 pm, "Airmax" wrote:
"Webmanager_CritEst" wrote in message

...



On Aug 27, 5:43 pm, "The Todal" wrote:
Webmanager_CritEst wrote:
Presumed guilty: The loving stepfather devoted to helping autistic
youngsters now fighting to clear his name


By Natasha Courtenay-Smith


Last updated at 12:26 AM on 27th August 2008


Every second Thursday, John Pinnington follows the same, rather bleak
routine.


After breakfast, he heads to his local JobCentre, where he collects
his dole money for the week ahead.


It is a paltry sum, a mere fraction of what he used to earn when he
was the respected deputy headmaster of an Oxfordshire college for
young adults with learning difficulties.


He and his wife Rosie no longer enjoy the comforts of the lifestyle
they once led.


Instead of playing the martyr and appealing for help from Daily Wail
readers, he should behave like a professional. Apply for jobs, submit his
CV
and explain if necessary with a copy of the court judgment that he is in
fact scrupulously honest and has never abused anyone.


But he has probably got himself a reputation now as a whinger and a
troublemaker.


Again, you have no idea.


WM


The rules have been introduced at the demand of the red tops, a few are
bound to suffer best he find another job where he dont need a check.


Did you read the full piece?

WM
  #8  
Old August 27th 08, 06:22 PM posted to uk.legal
Webmanager_CritEst
external usenet poster
 
Posts: 3,260
Default Presumed guilty

On Aug 27, 6:16 pm, "R. Mark Clayton"
wrote:
"Webmanager_CritEst" wrote in message

...



On Aug 27, 5:43 pm, "The Todal" wrote:
Webmanager_CritEst wrote:
Presumed guilty: The loving stepfather devoted to helping autistic
youngsters now fighting to clear his name


By Natasha Courtenay-Smith


Last updated at 12:26 AM on 27th August 2008


Every second Thursday, John Pinnington follows the same, rather bleak
routine.


After breakfast, he heads to his local JobCentre, where he collects
his dole money for the week ahead.


It is a paltry sum, a mere fraction of what he used to earn when he
was the respected deputy headmaster of an Oxfordshire college for
young adults with learning difficulties.


He and his wife Rosie no longer enjoy the comforts of the lifestyle
they once led.


Instead of playing the martyr and appealing for help from Daily Wail
readers, he should behave like a professional. Apply for jobs, submit his
CV
and explain if necessary with a copy of the court judgment that he is in
fact scrupulously honest and has never abused anyone.


But he has probably got himself a reputation now as a whinger and a
troublemaker.


Again, you have no idea.


WM


Once is unfortunate, twice careless, but three times...


Point please?

WM
  #9  
Old August 27th 08, 06:50 PM posted to uk.legal
Michael Swift
external usenet poster
 
Posts: 813
Default Presumed guilty

In article , still a novice
writes
But he has probably got himself a reputation now as a whinger and a
troublemaker.


I cant begin to describe what a repulsive comment that is, you complete
and utter ****ing dickhead.


He was interviewed on Radio 2 this lunch time, justice has certainly let
him down big time.

This system is so open to abuse by nasty individuals that it should be
discontinued at once, there was a phone in from a teacher who
disciplined an unruly pupil who immediately made a totally unfounded
assault complaint against him, this made it impossible for him to get
another job for several months until he found an employer with a bit of
common sense.

Mike

--
Michael Swift We do not regard Englishmen as foreigners.
Kirkheaton We look on them only as rather mad Norwegians.
Yorkshire Halvard Lange
  #10  
Old August 27th 08, 07:28 PM posted to uk.legal
Airmax[_2_]
external usenet poster
 
Posts: 16
Default Presumed guilty

"Webmanager_CritEst" wrote in message
...
On Aug 27, 6:04 pm, "Airmax" wrote:
"Webmanager_CritEst" wrote in message

...



On Aug 27, 5:43 pm, "The Todal" wrote:
Webmanager_CritEst wrote:
Presumed guilty: The loving stepfather devoted to helping autistic
youngsters now fighting to clear his name


By Natasha Courtenay-Smith


Last updated at 12:26 AM on 27th August 2008


Every second Thursday, John Pinnington follows the same, rather
bleak
routine.


After breakfast, he heads to his local JobCentre, where he collects
his dole money for the week ahead.


It is a paltry sum, a mere fraction of what he used to earn when he
was the respected deputy headmaster of an Oxfordshire college for
young adults with learning difficulties.


He and his wife Rosie no longer enjoy the comforts of the lifestyle
they once led.


Instead of playing the martyr and appealing for help from Daily Wail
readers, he should behave like a professional. Apply for jobs, submit
his
CV
and explain if necessary with a copy of the court judgment that he is
in
fact scrupulously honest and has never abused anyone.


But he has probably got himself a reputation now as a whinger and a
troublemaker.


Again, you have no idea.


WM


The rules have been introduced at the demand of the red tops, a few are
bound to suffer best he find another job where he dont need a check.


Did you read the full piece?

WM



Yes I did as did the Lord Justice

 




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