
Margaret Lee, executive director of corporate and customer service at Essex County Council (pictured), was criticized for’shooting out the hip’ and failing to read the legal statement in his QC.
After a tribunal found him unfairly dismissed, a former headteacher of a primary school could be eligible for compensation.
A teacher, whose identity was withheld by an employee judge, was taken into custody and charged in relation to allegations that he had sexually assaulted three boys and four girls.
Six charges were brought against him for sexual offenses committed to children in the Essex school unnamed in June 2018. However, the Crown Court dismissed the case due to how the young people were interviewed.
Essex County Council dismissed the teacher despite being cleared by the CPS in May 2019.
A judge at an employment tribunal has now ruled that the investigators of the authority examined the evidence in an unfair manner and could award the teacher a pay out.
Seven parents brought up concerns that their children were being mistreated in the office of their headteacher.
A boy said that the teacher used his fingers and genitals for touching different parts of the body. Another girl claimed that he played a “touching game” on the couch in the office.
Other school staff, however, did not confirm the accounts of the children. They claimed they didn’t see the door to the head’s office shut when the children were alone inside and that they never took them there.

A judge in employment has withheld his identity so that the teacher could be charged with sexually abusing four and three boys. Image: Essex County Council headquarters
The same child also accused another teacher of making the same allegations, however, that teacher was still an expert witness in the prosecution case, as the tribunal heard.
The judge at the tribunal criticized the handling of this case by Essex Police, as well as Essex County Council. They took control from school governors to ensure impartiality.
Margaret Lee, the executive director of customer and corporate services at the authority, was criticized by the public for’shooting off the hip’ and for not reading the legal statements from his QC.
The disciplinary investigation was also conducted by another council investigator, who did not examine any adult witness statements. He ignored the fact that most of those making allegations were close friends of his.
The tribunal heard that some children were asked questions during follow-up interviews with the police. These questions referred to their responses from previous conversations with social workers.
The hearing found that no abuse complaints had been filed against the teacher in 35 years of teaching.
Basildon Crown Court Judge Samantha Leigh stated that if the complete extent of interviews had been made with the children, the teacher probably would not be charged with criminal offenses.
After dismissing the case at crown court, she added: “This case is an excellent example of how time can be used to take a step back, evaluate what’s actually being said by whom, and then to reflect on what we know from other sources.”
“The rules and procedures were in place for very young witnesses to give evidence. However, they weren’t followed in this instance by the investigators. This is a mistake and we must learn from it.
“I have grave doubts that this case would be ever charged because of fatal evidence gaps.”
In July, Ms Lee reported to the head that Mr. Lee had failed to adhere safeguarding protocols and was having an affair.
The tribunal judge criticised the manner in which the investigation was conducted, saying that he failed to ‘at least read and consider’ his legal arguments.
John Crosfill, Employment Judge stated in his ruling that there was evidence from children suggesting inappropriate behavior.
However, he said: “Against this there was considerable evidence going the other direction.
“What was needed was a rational and thorough evaluation of the evidence. I am sorry to report that Margaret Lee’s combined efforts with Jo Reed, Clare Kershaw, and Jo Reed fell short of this.
Norma Howes was a child protector expert. Jo Reed was an external HR advisor. Clare Kershaw, the director of education at Essex County Council, and Margaret Lee conducted the investigation.
Judge Crosfill stated: “I accept that respondent [Essex County Council]The police investigation that had been improperly handled was inherited by the current owner.
“I conclude that the evidence has shown the first respondent to be the best.” [ECC]It is impossible to conclude that the claimant was acting inappropriately in relation to the names of the children.
Margaret Lee, who has a £157,833 annual salary, was also slammed by the employment judge over whether the county council fairly dismissed the teacher.
Judge Crosfill stated that he was not obliged to accept Margaret Lee’s evidence. Margaret Lee wasn’t shooting from the hip, I believe.
“I don’t ask Margaret Lee if she would have dismissed the claimant, but if she would have done it fairly.
“A very thorough evaluation of the evidence was what was needed. Her evidence did not show that she acknowledged the weaknesses in her analysis.
“It is simply not possible to accept that she accepted it as evidence and took all criticism into account at the end of the hearing.”
Essex County Council stated that it will seek legal advice regarding the ruling of the judge.
The authority spokesperson stated that they were aware of the verdict of the tribunal between an ex-headteacher and the Essex County Council.
“We are seeking additional legal advice in this area and cannot comment on it until the process is complete.”
Neil Pudney is a detective chief at Essex Police. He said that officers are looking for ways to make interviews more efficient.
He said, “We continue to look for ways we can improve our processes in order to attain justice for victims and crime.”
We have 110 ABE certified officers. New training has been introduced to take ABEs. [interviews].
“We also have an inter-agency multi-agency work group, which includes academics, social care and the CPS. They specifically focus on the ABE process, how it can improve, which has seen notable improvements in the last twelve to 18 months.
“This included looking at how the second interviewer can be involved in the capture ABE’s. [Achieving Best Evidence] interview.
“We have regular meetings with judges in order to address issues that they see during trials, relating to interviewing and evidence collection. This will help us identify ways to improve.
“We also work closely with the CPS. We put into place an early advisory protocol twelve months ago to ensure we seek their opinion earlier in cases to improve the quality and quantity of evidence and files we present to them.
“Regionally, 43% of early CPS advice is from Essex Police. We’re now seeing this has a positive effect on our investigations.
To ensure the quality of an ABE submitted to CPS by supervisors, they must also complete a checklist.
“We also use new methods to protect victims, such as allowing witnesses or victims who are vulnerable to evidence to be recorded at an earlier stage before they go to trial.
These new provisions, also known as Section 28 under the Youth Justice and Criminal Evidence Act 1999 were launched in Essex, August 2020. They have been instrumental in convicting a variety of children sex offenders.
“We will continue looking for ways to improve, and our procedures are periodically reviewed.”