A TEACHER who was suspended on full pay for six years after allegations of child abuse should be given back his job at a Ramsbottom school, three Appeal Court judges have decided.
But the father who made the complaint against 52-year-old Anthony McNally told the Bury Times: "I stand by my son. I am extremely concerned about the possibility of this man returning to teaching.
"Cases like this are always hard to prove one way or the other but if there is nothing to worry about why have the local education authority gone to such lengths, for so many years, to prevent him from teaching?"
Mr McNally, who lives in Tottington, was a teacher of English at Woodhey High School from 1979 until 1995 when allegations of "inappropriate touching' were made concerning a 15-year-old pupil. It was the start of a long-running legal battle which has brought interventions from two Secretaries of State and now the Appeal Court.
Despite being cleared twice after inquiries by the school governors, and no action being taken by the police with the latest investigation being as recently as September last year, Mr McNally has remained suspended on full pay. In 1996, after the initial complaint, he was briefly reinstated by the governors but was then prevented from returning to work when the area child protection committee, operating under the guidance of the Children's Act expressed "concerns".
Bury's education chiefs, wishing to act decisively, approached the then Secretary of State, Gillian Shephard, to have Mr McNally barred permanently from teaching. She refused to intervene and instead directed the governors to re-examine the case. In July 1997, the governors again cleared Mr McNally.
In March 1999 Mr David Blunkett, education secretary, asked the governors to re-open the inquiry for a third time but Mr McNally's union, the NAS/UWT, objected, saying there were no grounds for a further inquiry and insisted that he be reinstated without delay. This week Court of Appeal judge Lord Justice Kennedy backed that demand.
Mr McNally is now considering his future in light of a ruling which effectively means that he has can have his job back.
He said: "Throughout the last six years I have felt a growing anger and frustration at not being able to do what I am good at: teaching.
"I am now experiencing mixed emotions, anger at why it has taken so long to get this far, but relieved that common sense has prevailed."
He added: "The six years have been extremely stressful for me. It has been a time of uncertainty about the future living from day to day, week to week, unable to plan for anything other than in the short term. Fortunately I
have enjoyed the unstinting support of friends and family, colleagues and the NAS/UWT, as well as that of very many past pupils and their families."
Mr McNally estimated the costs to the tax-payer in keeping him suspended on full pay was more than £250,000.
Mr John Taylor, a north west regional officer for the NAS/UWT, said Mr McNally did not want his return to teaching to cause any further stress at Woodhey.
And he attacked Bury Council, claiming that the authority had gone to "inordinate lengths" to stop Mr McNally returning to work, even though there was no evidence against him.
A Bury MBC spokesman said: "We are considering closely the judgement given by the Court of Appeal before taking any future action. We are also awaiting further directions from the Secretary of State."
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