It is really quite simple
From a legal point of view, it all looks very simple.
Everything that happened to TNS hinges on the phrase, “a failure to report a child protection matter”.
So, those who made that allegation have to demonstrate that there was indeed a child protection matter to report. Which unfortunately for them is where some difficulties arise, given that:
The police stated unequivocally that there were no allegations and no child protection matters
The Care Inspectorate stated on 2nd November that the matter was just a staff concern (shown to be untrue) about working practice.
The next problem is that the Care Inspectorate, Board of Governors, John Swinney, and Perth & Kinross Council have all stated quite openly that the Head of School “failed to report a child protection matter”. Which was demonstrably untrue and thus defamatory. Sandra Wright of the Care Inspectorate may now regret reporting both him and the Head of Care to their respective professional bodies.
A further complication is that the Head of School had no child reporting responsibilities. In fact, he had no job description or even a contract, but that is by-the-by.
So if he has been accused of failing to report a child protection matter when there was nothing to report and he had no responsibility for doing so, those who made those allegations are in deep trouble.
Furthermore, if the Care Inspectorate misrepresented the outcome of that police investigation to the Registrar of Independent Schools and thus to John Swinney, resulting in the imposition of conditions on the school and everything that followed, then it will be almost inevitable that a fraud investigation must occur. Our investigations team is awaiting the FOI on one very specific memo sent by RoIS to Mr Swinney.
The enforcement action taken by the Care Inspectorate was triggered by Charlotte Wilson and her School Care Accommodation Inspections Team of Sandra Wright and Allison Jamieson.
To date, as indicated in earlier posts, not one shred of evidence has been produced to justify that action or the reputational damage caused to any member of staff at the school.
Lawyers have advised that exposure to defamation claims cannot be defended by the assertion that the parties concerned were misinformed (by the Care Inspectorate).
Of significance is the fact that there has been no apology or acceptance from PKC, the Board of Governors, Registrar, or John Swinney, that the Care Inspectorate “got it horribly wrong”, despite the fact that their actions were clearly unlawful.