Letter to the Head Master

This section was setup in August 2018 in order to move the existing related discussions from other sections into this new section to group them together, and separate from the other CH-related topics.

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richardb
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Re: Letter to the Head Master

Post by richardb »

The practice of suspension without pay was the same then.

Where a person was effectively caught in the act of committing an offence and then admitted to it, the employer was often excused a massive investigation in those days.

If the employer got something wrongly procedurally, the Tribunal could put it right by reducing compensation to take into account an employee's contribution to the dismissal (the principle named after the case of Polki).
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Re: Letter to the Head Master

Post by rockfreak »

Was that Polki vs Dayton Services or was that another Polki? I seem to remember Mr Polki cropping up in my research when I once took an ex-employer to a tribunal and wacked the b*ggers for a large sum of money.
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Re: Letter to the Head Master

Post by richardb »

The self same Polki.
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Re: Letter to the Head Master

Post by MrEd »

It was Mr Polkey, a van driver made redundant 'on the spot', and his case established (from 1987, not in Mr Webb's time), that if an employee was dismissed, the inevitability of the dismissal can affect the value of the compensation, not the fairness of the dismissal, so had an abuser been fired on the spot, it would be unfair, but compensation would be effectively zero, the employee getting a Pyrrhic-esque victory of an acknowledgement of being wrong. Nowadays, an employer needs 'cogent' evidence to show that an employee would have been dismissed had it acted fairly, in order to reduce compensation.

Contributory conduct is a different concept that will reduce compensation for lost earnings (on top of a Polkey reduction) and can reduce the basic award, which is like redundancy pay, and in Mr Polkey's case his conduct was not an issue.

The point of this being was that there was little to fear from an Industrial Tribunal claim from Mr Webb if he had been sacked.

Anyway, the point is that the School could have had a disciplinary for Mr Webb, it could well have established grounds for dismissal and dismissed him without notice for gross misconduct, and then gone to the police, thereby setting an exemplary standard and a warning to others minded to abuse. It did not, it did quite the opposite, at every turn other than actually ensuring that Mr Webb left the school, without, it seems trying to stop him from working or being with children again, insofar as it could have done so.
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Re: Letter to the Head Master

Post by Bishbashbosh »

Sorry for the delay, life stuff being busy, haven't had chance to type it up til now. Thanks for the offer by email, you know who you are, I did appreciate that, but as I'd uploaded page 1 by the time I saw it, I thought it would be easier to do the 2nd page too. And now without further ado, no more palaver, zero procrastination... ;)

Page 2.
"We realise that these words may sound hollow and ineffectual to the actual survivors of abuse. The Council of Christ's Hospital is doing its utmost to ensure that the victims and survivors are at the heart of our response. It has appointed a small group which is looking closely at ways in which we can provide some redress. We have already arranged meetings with individuals that have approached the school and would like to offer you the opportunity to meet with the headmaster if you feel that would be helpful. This might be to discuss other practical ways in which we can help or simply to hear what you have to say. The meeting can be at the school or elsewhere, whichever is most comfortable for you. If there is any other way in which you think we can help or support you, please let us know.

In closing, please accept our renewed apologies and be assured of our commitment to, as far as we are able, providing support or our assistance if you need it."
I have not yet replied, as I'm working 7 days a week currently across 2 jobs - both mostly seasonal so this is the busiest period.

I also am not sure of how to respond, or whether to invite a solicitor to respond on my behalf. I gather, from things said on these forums, and from the content of the letter, there may be some sort of financial compensation involved, which I hadn't considered until someone mentioned it here, and I have to say that would be very handy - 2 jobs and a student at uni again, anything that eases the work pressures in favour of study even a little is welcome!

Does anyone have any thoughts? I'm not asking for people to tell me what to do, just seeking advice and opinions I can ruminate over, if that's ok?
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Re: Letter to the Head Master

Post by marty »

Bishbashbosh wrote: Tue Aug 21, 2018 7:43 am
I have not yet replied, as I'm working 7 days a week currently across 2 jobs - both mostly seasonal so this is the busiest period.

I also am not sure of how to respond, or whether to invite a solicitor to respond on my behalf. I gather, from things said on these forums, and from the content of the letter, there may be some sort of financial compensation involved, which I hadn't considered until someone mentioned it here, and I have to say that would be very handy - 2 jobs and a student at uni again, anything that eases the work pressures in favour of study even a little is welcome!

Does anyone have any thoughts? I'm not asking for people to tell me what to do, just seeking advice and opinions I can ruminate over, if that's ok?
If you are going to be seeking financial compensation I would urge you to seek independent legal advice and not discuss it on this forum - the school is almost certainly watching and you do not want to prejudice your position.

Wishing you all the best.
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Re: Letter to the Head Master

Post by marty »

And to add that, if money is an issue, i would try approaching some of the top law firms and asking if they will take you on pro bono. Most large law firms do pro bono work and a case such as yours is exactly the type of thing they'll take on. If successful, you'll likely have a junior solicitor or even a trainee run your case with a partner providing oversight / supervision.

https://en.wikipedia.org/wiki/List_of_l ... _law_firms
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Re: Letter to the Head Master

Post by J.R. »

marty wrote: Tue Aug 21, 2018 9:42 am And to add that, if money is an issue, i would try approaching some of the top law firms and asking if they will take you on pro bono. Most large law firms do pro bono work and a case such as yours is exactly the type of thing they'll take on. If successful, you'll likely have a junior solicitor or even a trainee run your case with a partner providing oversight / supervision.



https://en.wikipedia.org/wiki/List_of_l ... _law_firms
Good shout, Marty.
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Re: Letter to the Head Master

Post by yamaha »

Bbb, you certainly need a competent lawyer to handle your claim against CH - and the perpetrator if they have assets.

Meet Reid if you think it will be helpful to you, but don’t agree anything with him or anyone else from the school without a good lawyer present. I am confident that his sympathy and concern for you are not disingenuous, but his primary duty is to CH.

Hopefully one of the solicitors on here will find the best lawyer and persuade them to handle your claim(s) pro bono or for a reasonable contingency fee.
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Re: Letter to the Head Master

Post by richardb »

yamaha wrote: Tue Aug 21, 2018 1:49 pm Bbb, you certainly need a competent lawyer to handle your claim against CH - and the perpetrator if they have assets.

Meet Reid if you think it will be helpful to you, but don’t agree anything with him or anyone else from the school without a good lawyer present. I am confident that his sympathy and concern for you are not disingenuous, but his primary duty is to CH.

Hopefully one of the solicitors on here will find the best lawyer and persuade them to handle your claim(s) pro bono or for a reasonable contingency fee.
Very good advice.
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Re: Letter to the Head Master

Post by RemedyLaw »

These types of claims are often pursued by way of 'no win no fee' or conditional fee agreement (CFA).We run all of our abuse litigation with this funding.

There are a limited pool of firms who undertake 'abuse claims' (us included) and many larger firms on the wiki list will be insurer firms and most probably Defendant firms.

It would be difficult to advise on how best to proceed without understanding the background and the previous dialogue entered in to with CH.

Would be more than happy to have a chat and provide some guidance if you (or others) would like.

Charles @ Verisona Law
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Re: Letter to the Head Master

Post by Mid A 15 »

Not directly related to the abuse questions and advice request you raise but rather your financial situation you mention, namely trying to balance studying with the necessity to work 2 jobs.

Have you approached the Benevolent Society of Blues (BSB)? They give financial help by way of loans or grants to help those studying for professional qualifications amongst other things.

http://www.bluessupportingblues.com/

I would hope as an ordinary member that they would look on your situation favourably given your background and history.
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Address to the Governing Council

Post by robert totterdell »

Dear Richard

I am asking if I can use some of your 'suggestions' in my forthcoming address to the Council.

I would very much like to talk to you separately from the general chat and I believe that you can contact me directly.

I believe, with the exception of the Founder's day dinner, that I will be the first Old Blue to address the council since 1552 and the foundation.

So all help will be gratefully accepted and respected.

Many thanks

Rob
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Re: Letter to the Head Master

Post by marty »

Rob,

Firstly, amazing that you are addressing the council although it's obviously in circumstances that I'm sure you'd rather not find yourself. When is this happening?

Secondly, I believe that the minutes of Council meetings are now posted online on the City of London website (just google Christ's Hospital council minutes) however it appears that some of the minutes are not made public (Section 100(A) of the Local Government Act 1972 is quoted although I fail to see how this is applicable to a boarding school). I wonder if the first thing you should ask the Council is if your comments and their replies will be appearing in the minutes for all to see, or if they will be excluding them? I hope it will not be the latter.

All the best

Marty
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Re: Address to the Governing Council

Post by richardb »

robert totterdell wrote: Tue Aug 21, 2018 11:01 pm Dear Richard

I am asking if I can use some of your 'suggestions' in my forthcoming address to the Council.

I would very much like to talk to you separately from the general chat and I believe that you can contact me directly.

I believe, with the exception of the Founder's day dinner, that I will be the first Old Blue to address the council since 1552 and the foundation.

So all help will be gratefully accepted and respected.

Many thanks

Rob
Rob,

You can use anything I have posted.

All I have done is to pull the facts together in one place.

Makes shocking reading.

Richard
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