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30 March 2011
Last updated at 10:55 ET
A Birmingham teacher who was unlawfully arrested after being accused of assaulting a pupil has been awarded compensation by a High Court judge.
Mark Richardson, 39, said the pupil had walked into his outstretched arm and volunteered to be interviewed by police resulting in his arrest in 2009.
No action was taken and he sued West Midlands Police fearing the stain it would leave on future record checks.
The force said it was preparing a statement.
As well as claiming he was unlawfully arrested, Mr Richardson also wanted West Midlands Police to destroy DNA samples, fingerprints and photographs taken at the time and for his arrest entry on the Police National Computer (PNC) be deleted or amended.
'Vulnerable to allegations' Mrs Justice Slade ruled on Wednesday that Mr Richardson's arrest was unlawful but declined his other requests, noting that the force said it "will take it properly into account when making any decision as to a request by the claimant for destruction or removal" of fingerprints and DNA.
Chris Keates, general secretary of the NASUWT, said he would now be writing to the Secretary of State for Education and the home secretary to seek changes to national procedures.
"This is a landmark decision for teachers and others who are vulnerable to allegations made by children and young people," he said.
"New guidance for police is needed urgently to prevent these needless arrests that wreck innocent people's careers.
"Teachers are vulnerable to allegations made by pupils.
"Such allegations frequently involve police investigation.
"The overwhelming majority prove to be false but teachers are often deeply traumatised and their career is blighted."
'Disciplinary process' The court heard a complaint was lodged alleging Mr Richardson assaulted a pupil at a school in the West Midlands in December 2009.
The boy's parents did not pursue the case but the school followed its disciplinary process and Mr Richardson attended Bloxwich and Walsall police station on 16 December where he was arrested and detained.
No charges were brought against him.
The court was told: "The claimant doubts whether he would be able to gain promotion due to a record of arrest on his Enhanced Criminal Records Bureau (CRB) check.
"He is obliged to provide his employer with a CRB check every three years.
"He is also concerned as to the effect of the record of his arrest on his future employability."
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Mark Richardson, 39, said the pupil had walked into his outstretched arm and volunteered to be interviewed by police resulting in his arrest in 2009.
No action was taken and he sued West Midlands Police fearing the stain it would leave on future record checks.
The force said it was preparing a statement.
As well as claiming he was unlawfully arrested, Mr Richardson also wanted West Midlands Police to destroy DNA samples, fingerprints and photographs taken at the time and for his arrest entry on the Police National Computer (PNC) be deleted or amended.
'Vulnerable to allegations' Mrs Justice Slade ruled on Wednesday that Mr Richardson's arrest was unlawful but declined his other requests, noting that the force said it "will take it properly into account when making any decision as to a request by the claimant for destruction or removal" of fingerprints and DNA.
Chris Keates, general secretary of the NASUWT, said he would now be writing to the Secretary of State for Education and the home secretary to seek changes to national procedures.
"This is a landmark decision for teachers and others who are vulnerable to allegations made by children and young people," he said.
"New guidance for police is needed urgently to prevent these needless arrests that wreck innocent people's careers.
"Teachers are vulnerable to allegations made by pupils.
"Such allegations frequently involve police investigation.
"The overwhelming majority prove to be false but teachers are often deeply traumatised and their career is blighted."
'Disciplinary process' The court heard a complaint was lodged alleging Mr Richardson assaulted a pupil at a school in the West Midlands in December 2009.
The boy's parents did not pursue the case but the school followed its disciplinary process and Mr Richardson attended Bloxwich and Walsall police station on 16 December where he was arrested and detained.
No charges were brought against him.
The court was told: "The claimant doubts whether he would be able to gain promotion due to a record of arrest on his Enhanced Criminal Records Bureau (CRB) check.
"He is obliged to provide his employer with a CRB check every three years.
"He is also concerned as to the effect of the record of his arrest on his future employability."
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