Allegations of Sexual Misconduct in Schools
If your daughter or son is accused of sexual misconduct allegations, or they are the victim of sexual misconduct from another child, whether at primary or secondary school, you may benefit from legal support to navigate the issues that arise from sexual misconduct allegations.
Having the right legal advice when addressing sexual misconduct issues at school could make a significant difference in the outcomes.
Allegations of sexual misconduct in primary school or secondary school can have very serious consequences. The facts of these cases are often complex and therefore hard to determine.
There may also be wider issues around safeguarding that need to be considered. Expert legal advice can help ensure all relevant details are established and that everyone involved is treated fairly.
To arrange your online consultation with one of our specialist education solicitors, please contact our education law legal administrators, either Kinjal or Rachael, on 01895 207 961 or email at educationteam@ibblaw.co.uk.
Kinjal and Rachael can send you a link to an online booking suite so you can select a day and time that is convenient for your fixed-fee consultation. At the online consultation, the solicitor will listen to your story about school sexual misconduct and consider any documents you have relating to the allegations, before advising what action can be taken to help you.
We only act on behalf of children, students and their parents. Therefore, you can have confidence that we are on your side. We have experience of helping parents when their child is the victim of sexual harassment or sexual misconduct and similarly experienced in helping parents where their child is the alleged perpetrator of sexual misconduct.
We are specialist education solicitors. We spend each and every day helping children, students and their parents.
To learn more about our experience supporting clients with issues including sexual misconduct allegations in school, please read our Case Summaries and our more detailed Case Studies for the full range of work we do.
How can IBB Law can help you with sexual misconduct allegations in schools
Legal representation for accused pupils
Simply being accused of sexual misconduct can have a devastating impact on the accused, and being subject to sexual misconduct investigations can be really frightening and confusing. Securing expert legal representation can give you the best chance of a positive outcome and minimise any long-term consequences for the child.
At IBB Law, we provide legal representation for school pupils facing allegations of sexual misconduct in schools, as well as allegations of sexual harassment. Our expertise includes both peer-on-peer sexual misconduct and allegations of sexual misconduct relating to teachers and other school staff.
We can make sure you respond in the right way to protect and look after your child and represent your family during investigations. We can also provide advice and assistance in the event that disciplinary action is taken against your child following sexual misconduct allegations.
Our experts can also advise on issues around safeguarding failures that may have put pupils at risk of accusations that could otherwise have been avoided.
Minimising educational disruption and protecting pupil wellbeing during investigations
Being investigated for sexual misconduct is likely to be disruptive to a pupil’s education and harmful to their wellbeing. Having proper support during sexual misconduct investigations can help to minimise the disruption to a pupil’s education and to their wellbeing, particularly their mental health.
Our team have the experience to sensitively support pupils in these challenging situations. We will robustly defend our client’s education and emotional health, taking all appropriate actions necessary to reduce the potential negative impact on any young person dealing with these types of serious allegations.
Appeals and challenges to disciplinary actions, such as suspension or expulsion
Where a school believes a pupil has engaged in sexual misconduct, they will need to carry out an investigation. If that investigation concludes that sexual misconduct has taken place, then the accused pupil could be suspended or even excluded from school. Clearly, this can be harmful to the future of the pupil in question, but these disciplinary actions can sometimes be challenged. Indeed, we have been successful in challenging exclusion decisions made by schools. We frequently represent pupils and their families when a child has been suspended or excluded from school.
Our experts can advise on appealing or otherwise challenging disciplinary actions, and protecting the rights of pupils in misconduct cases. It may be possible to have a disciplinary action overturned or reduced on appeal to a less serious penalty, which can significantly reduce the effect on a young person’s future.
Common questions about allegations of sexual misconduct in schools
Sexual misconduct in school will generally fall into the categories of sexual harassment, sexual abuse or sexual violence. All allegations of sexual misconduct at school are serious, but sexual violence will typically have more significant consequences for the accused if an investigation determines that the alleged behaviour did take place.
Examples of behaviour that might be considered sexual harassment include making sexual comments, jokes or gestures, as well as cyber bullying. This behaviour could take place either in person, through phone calls and messaging, or online. Whether particular behaviour might be considered sexual harassment or not will very much depend on the precise circumstances, which is why it is so important to get expert advice for sexual misconduct allegations. No two cases are the same.
Sexual violence covers rape, assault by penetration, causing sexual activity without consent and sexual assault. The circumstances surrounding these types of allegations are complex and may come down to one child’s word against another. A good legal defence is absolutely essential for anyone accused of sexual violence. They are entitled to legal advice and, if appropriate, representation. A child has legal rights as well as adults. They are entitled to have a voice and for someone to speak on their behalf.
When a school receives a report of sexual misconduct, it should follow its own disciplinary process when investigating the matter. Pupils have the right to be treated fairly by any disciplinary process, so any failure to follow the established process can potentially be challenged. Our experience is that schools frequently fail to follow their own internal school procedures.
Serious allegations of sexual misconduct may be referred to the police, who may carry out their own investigation. This will depend on the severity of the allegation. Our experience is that most allegations of sexual misconduct involving peer on peer abuse are dealt with by schools without the need to involve the police.
In the rare event that a young person is investigated by the police, the child has the same rights as anyone else, including the right to legal representation. People under the age of 18 will need an adult present when being spoken to by police. We have a team of experienced criminal solicitors who regularly help people facing criminal charges of sexual misconduct.
Schools should take allegations of sexual misconduct seriously, but they should not assume the accused is guilty. They must carry out a proper investigation in line with their established disciplinary process. Our experience is that education institutions can fall short when carrying out investigations into allegations of sexual misconduct.
As stated above, particularly serious allegations may be referred to the police so they can carry out their own investigation.
A school investigation into allegations of sexual misconduct will normally be carried out by a member of staff. Ideally, this member of staff would have specialist training in these matters, but this is not always the case. Exactly what process they follow will depend on what is set out in the school’s disciplinary process. The accused pupil may potentially be suspended from school or face restrictions on where they can be and who they can speak to while at school.
The investigating person will generally speak to the people involved and gather any relevant evidence. It is important to bear in mind that any evidence shared during the investigation could potentially be passed on to the police if they are carrying out their own investigation.
Once the investigation has been completed, the school will determine what, if any, further action to take. This could potentially include the accused pupil being suspended or expelled.
Being accused of sexual misconduct in school can be overwhelming, and the process that follows is likely to be daunting to most people. An experienced specialist education lawyer can help you understand your rights and the rights of your child and make sure you have the best defence possible for your son or daughter.
A lawyer can be by your side during an investigation and help with gathering evidence and building your defence, as well as support you through appealing the outcome of an investigation if you believe that it is unfair.
There are various safeguarding policies that schools must have in place. These include having a designated safeguarding lead, appropriate child protection procedures and maintaining confidentiality.
The reality is that many schools do not meet their safeguarding obligations at all times, and this can play into sexual misconduct allegations. It is, therefore, important to understand whether there have been safeguarding breaches when responding to an accusation.
Yes, school disciplinary actions can be appealed.
You will need to follow the school’s appeals process when doing so. The appeal may be dealt with by the school’s head teacher initially, or it might go directly to the school’s governing body. We can advise on the particular circumstances of your case.
What others say about IBB’s specialist education solicitors
“Thank you so much for all your work on this. I have heard from staff and parents that safeguarding is now a huge priority for the school so I feel that the action we took has had the desired effect.”
“We needed an urgent consultation about an educational issue we had with the school. We were very impressed by Celia Whittuck with whom we had the consultation; we were able to ask questions and discuss our situation and we were very happy with the way Celia Whittuck handled our conversation-we felt listened to and that she provided the help we required, thank you.”
“My son was falsely accused of some very serious misconduct issues. The wording, the process and the suspension were all terrifying and intense. We needed support in formulating our responses so we could challenge what was happening to my son and us as a family. Victoria Denis at IBB Law was fantastic. She was extremely professional and knowledgeable and calmly guided us through our options. She helped us clarify our responses and was an enormous support. I am grateful to IBB Law for their help at a time when I didn’t know where to turn. I think together, we saved my son’s life, and he will live to have a positive future.”
“We can’t thank you enough for your expert assistance throughout this case and we particularly appreciated the clarity and kindness you showed in every communication. The matter could have escalated very unpleasantly except for your intervention, for which we are extremely grateful.”
‘Celia Whittuck is a phenomenally dedicated solicitor and a real delight to work with.’
‘Focused and determined education team.’
“Celia Whittuck has an excellent breadth of knowledge and is very responsive.”
“She is amazing.”
Celia has taken a particular interest in ensuring that the appropriate educational outcomes are achieved. Her commitment has been unwavering.”
“Celia Whittuck has been helpful, understanding, respectful and responsive.”
“I wish give my heartfelt thanks to education team at IBB Law for assisting me through a very peculiar education matter, with specific regards to and commendation for Victoria Denis, the solicitor who had represented my matter.”
“Victoria successfully assisted me through an issue.”
“Throughout the months Victoria represented my matter, Victoria always gave me clear and detailed counsel and helped me explore all the options in terms of what action Victoria and I myself were able to take.”
“Victoria was attentive with keeping me updated in her correspondence.”
“Ultimately, the expeditious success of the matter speaks volumes to Victoria’s ability to navigate a rare and perplexing matter, especially as the matter took place in a transnational context.”
“From the outset, they listened and guided me through my options. I have been struck by the consistency in their process, their professionalism and empathy. Their strengths have definitely been in their willingness to collaborate with other legal professionals in order to give you the best possible chance of success. They don’t shy away from meeting online and so I really feel understood and cared for.”
“Very personal service where nothing is too much trouble. Prompt in all responses and no stone left unturned to advise thoroughly ensuring the best decision is made. Impressive high standards in all aspects of service. I can’t rate them highly enough.”
“I believe IBB Law Education Team have shown themselves to be true to their word. They have collaborated with me in terms of what to expect at each stage of my case. Their practice is transparent and open, also they are clear and concise regarding the fees.”
“The experience was excellent. I was able to sort out my issue in less than a month with the help of the team at IBB Law. Right from the beginning of contacting the firm, I was provided all the support and communication with the team was also very smooth. I am more than happy to have contacted the firm. I would definitely recommend IBB Law to anyone who is going through a similar situation as mine.”
The Education Law Team at IBB is ranked by Legal 500. Legal 500 describe themselves as the leading guide to law firms and solicitors across the UK.
Celia Whittuck at IBB is ranked by Chambers and Partners. Chambers and Partners say of themselves: “Our rankings are the most thoroughly researched and independent on the market. Each one is assessed by our dedicated team of experienced researchers using our unrivalled research methodology, which includes tens of thousands of one-to-one interviews every year.
“If you are buying legal services in the UK and need reliable recommendations on the best law firms and solicitors, our rankings, editorial and analysis will provide you with the information you need to make the most well-informed decision when it matters.”
Call today to discuss how we can help you with sexual misconduct allegations in a school
To find out more about how we can help with allegations of sexual misconduct in schools, please contact Kinjal or Rachael, our education law legal administrators, on 01895 207 961or by email at educationteam@ibblaw.co.uk.
Kinjal and Rachael can explain how we can help you and also direct you to our online booking suite so you can book a consultation meeting with one of our specialist education solicitors at a day and time convenient to you.
Meet the team
-
-
- Celia Whittuck
- Senior Associate
-
