Can you still attend formal hearing process after resigning?

ScottL45

Would be grateful for some advice.

X was suspended by a school on safeguarding allegations.  These were handed to the Police and after 2 months the Police released X from being under investigation due to a lack of evidence.  X since resigned from the school as he felt his character was tainted. 

The school as I understand will now either take no further action or refer to DBS.  X was invited to an investigation meeting a few weeks back and refused but instead answered all of the school's questions in writing.  X has still not been given any evidence at all in relation to this.  Does X still need to be invited to the formal hearing process before they conclude matters?  

Marcon

ScottL45 said:

Would be grateful for some advice.

X was suspended by a school on safeguarding allegations.  These were handed to the Police and after 2 months the Police released X from being under investigation due to a lack of evidence.  X since resigned from the school as he felt his character was tainted. 

The school as I understand will now either take no further action or refer to DBS.  X was invited to an investigation meeting a few weeks back and refused but instead answered all of the school's questions in writing.  X has still not been given any evidence at all in relation to this.  Does X still need to be invited to the formal hearing process before they conclude matters?  

Resigning and then refusing to attend an investigation meeting - neither has helped X's case. Both smack of something to hide, even if they are entirely innocent.

ScottL45

Thanks for you advice.  I was under the impression, that had he not resigned, he would have been given the opportunity to attend a formal hearing.  The main reason being, is prior to the formal hearing, the school would have to, amongst other things, provide all of its evidence (including witness statements) relevant to the case.  Up until now, as previously said, the school has not provided any evidence whatsoever.  I'm just trying to understand X's right to be provided with the tangible evidence prior to a decision being made.  Yes, X didn't attend the investigation meeting but did agree to answer of all the school's questions in writing, which he did.  On the basis of any evidence, X may also wish to ask his own questions.  Just trying to understand what X has to do to see the evidence in the case.

ScottL45

Right, thanks for you advice.  So with this is mind, there was/is little point in continuing to answer questions from the school?

Reginald74

The school are obliged to refer the matter to the DBS. If they are sensible they will finish their investigation as best they can, with or without X's cooperation.  They can then use the findings as the basis for the referral.

The information obtained by the police may, or may not, appear on an enhanced DBS. It is by no means a certainty and is down to the discretion of a senior officer, based in a range of factors.