I HAVE SUBMITTED THIS AFFIDAVIT SIGNED UNDER OATH TO THE HIGH COURT ALTHOUGH I CAN'T GET A RESPONSE ABOUT WHETHER OF WHEN MY CLAIM -FOR JUSTICE -WILL BE LOOKED AT . JUSTICE DELAYED IS JUSTICE DENIED. 

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AFFIDAVIT

Claimant: Brian Royston Tomlins

Defendant: The Crown. Brighton and Hove City Council.

I, Brian Royston Tomlins.

Teacher, of                                                        

49 Wish Rd Hove BN3 4LN

Make oath and say as follows:

BRIAN TOMLINS V THE CROWN/CPS-BRIGHTON AND HOVE CITY COUNCIL                                                                                                                                                                                                              

REF AT THE COURT OF ADMINISTRATION CO/3475/2022

MY CONVICTION REF A20150167/47CC6147515

THE USE OF FALSE EVIDENCE IN COURTS OF LAW BY BRIGHTON AND HOVE CITY COUNCIL AND REQUEST FOR CLARITY OVER THE  POSITION OF THE COURTS REGARDING PEOPLE’S EMPLOYMENT RIGHTS AND THEIR RIGHT TO ACCURATE  PERSONAL DATA .

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OPEN DEFENCE STATEMENT AGAINST MY CONVICTION AND AGAINST MY BEHAVIOUR ORDER

NOT PREVIOUSLY ALLOWED BY THE COURTS AT MY CONVICTION OR AT APPEAL

TO BE SUBMITTED AS A SIGNED AFFIDAVIT UNDER OATH AS THOUGH IN COURT

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I Brian Tomlins make this defence statement against my conviction and for the right to have accurate employment records.  I make this as a signed Affidavit in the hope of swift consideration and judgement.

I was convicted at Brighton Magistrates Court in 2015 for saying openly that Brighton and Hove City Council and their witness Mrs Janis Taylor were using deliberately false evidence against me in the civil courts –sufficient to change my employment history and to ruin my career.

I state clearly in this affidavit, accepting all the responsibilities for any false statement, that I have beyond any doubt the evidence to show that this is the case; that my claim is true.

I was not allowed however at my conviction to show this evidence or  to make a statement in my defence either at conviction nor at appeal .Despite many appeals I have been denied ever since the chance to disclose and show this evidence to a court of law.

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SUMMARY Part 1. HUMAN RIGHTS ACT 1998

  1. I make this defence statement as I maintain my conviction and the Behaviour Order is against my rights under the Human Rights Act 1998 articles 6 and 7 for the right to a fair hearing.

  2. Neither at conviction at Brighton Magistrates Court nor at appeal at Lewes Crown Court was I allowed to make a defence. I put this forward as my defence.

CONFLICTING RULINGS

  1. In an official ruling from Lewes Crown Court in 2016 HHJ Kemp agrees that at appeal I was also not given the chance to see, read or challenge the prosecution statement being read out and accepted by that court. My sentence and fine was increased however.

  1. In another ruling in 2017 in refusing my appeal for a hearing about the Behaviour Order His Honour Judge Kemp changes this ruling about my appeal hearing saying I had a fair hearing and the matter of false evidence had been decided at that appeal . This is not the truth. 

  1. I believe I am being denied access to justice now – and the chance to disclose my evidence and show my conviction to be unjust -because the courts and judges have previously allowed the use of false evidence against me in the civil courts .

  1. I accept that I may be wrong but my belief is strengthened by the stonewalling I have received from the courts when , in some state of real despair – I have sought clarification of these different judgements . I ask the court to accept that it is fair for me to seek clarity through this application to the High Court.

  1. Also if evidence exists that would challenge the justice of my conviction I should have a chance to show this in a court of law.

A RESPONSE NEEDED

  1. As part of a fair hearing and the need for just and fair administration from public bodies I submit that the CPS and Brighton and Hove City Council and their witness Mrs Taylor should respond about this defence statement to the Court of Administration.

  1. Also as part of a fair hearing I respectfully ask that the court should consider the evidence at a hearing; the evidence and statements I have referred to in this defence. Also the prosecution evidence.

SUMMARY Part 2

  1. My conviction is unjust and unfair because of the harmful, unjust and illegal actions of Mrs Taylor and Brighton and Hove City Council in using the law illegally to change my employment records and ruin my  teaching career unjustly.

  1. I have evidence to show that Mrs Taylor as Head Teacher of West Hove Junior School with the support of Brighton and Hove City Council used false evidence to have me dismissed from my teaching post . Then used false evidence to the Employment Tribunal and then to Brighton County Court in support of a ruinous and entirely false work reference.

  1. Also that given the reasons and circumstances that I detail in this statement that this use of false evidence by Mrs Janis Taylor and by Brighton and Hove City Council was unjust and unfair . Also against their obligations to respect my rights under Data Laws.

  1. Brighton and Hove City Council gave a deliberately false statement to the Teachers Regulation Agency saying I was dismissed for Gross Misconduct. The reasons they stated for this Gross Misconduct referral are deliberately false. This has ruined my teaching career and have prevented me working .

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WHY MY CONVICTION IS UNJUST AND UNFAIR NOTWITHSTANDING THE DENIAL OF MY RIGHTS UNDER HUMAN RIGHTS ARTICLE 6 TO A FAIR HEARING

WHY MY DISMISSAL AS A TEACHER FROM BRIGHTON COUNCIL’S EMPLOYMENT AND THE USE OF FALSE EVIDENCE TO DO THAT WAS UNJUST.

In 2008 I was a senior teacher at West Hove Junior School. I was also the science co-ordinator responsible for staff training and leading that subject. There were no problems; I was popular with staff and parents. Ofsted had reported favourably on how science was being taught at the school.The progress of children in my classes had been good.

  1. In 2008 Mrs Janis Taylor was appointed as the new Head Teacher.

  2. ALL school records and assessments prior to Mrs Taylor’s arrival at the school show I was a successful teacher. All official assessments show my teaching was rated as GOOD.

  1. This is in direct conflict with the witness statement Mrs Taylor gave to the Employment Tribunal and which was understood as true by that court . Mrs Taylor falsely stated my entire career was one of failure although no evidence was provided to back up this damming assessment. Brighton and Hove City Council endorses this fully as they have recently stated  to the High Court.

A DELIBERATELY FALSE STATEMENT TO THE HIGH COURT BY BRIGHTON AND HOVE CITY COUNCIL

  1. The statement Brighton and Hove City Council ( Simon Court ) gave to the High Court about this in their response to this application is very clearly and knowingly false . They have a duty of good governance and to be honest. I refer to Paragraph 16 of Mr Court’s response on behalf of the council dated 7.10.22 . This statement by the council is not signed nor a statement of truth attached.

  2. Mrs Taylor was the leading witness for Brighton and Hove City Council. The council in emails to me insist I accept this false career record and reputation as true and accurate despite its false nature. I believe this is grossly unjust and unfair. Also as a principle given by a local authority it should be challenged.

FALSE ASSESSMENTS, BULLYING AND MY COMPLAINT OF A SEXUAL ALLEGATION DELIBERATELY IGNORED BY BRIGHTON AND HOVE CITY COUNCIL AND BY THE SCHOOL.

  1. On arrival at the school as the new Head Teacher Mrs Taylor employed a council advisor to assess my teaching although it was described to me as ‘coaching’. I accepted this positively although I was later described in court by Mrs Taylor and the council advisor as being reluctant and resistant. This is false. Although deliberately false the judgements from the employment tribunal and later from HHJ Coltart show it was considered important by the courts in reaching a decision against me.

  1. Mrs Taylor together with this council advisor made deliberately false assessments of my teaching. The evidence exists to show this. I believe this was in order to encourage me to accept a voluntary redundancy.

  1. This advisor and Mrs Taylor made very ‘unprofessional ‘statements about my teaching , the coaching from the advisor was unprofessional , over rigorous and very , very stressful. The evidence also shows this.

  1. This advisor also grabbed my backside one day in the staffroom.

  1. I understood and felt strongly that these false assessments together with this inappropriate behaviour from the council advisor was a form of deliberate bullying. I tried unsuccessfully to complain but was labelled from then on by Mrs Taylor by the advisor and by Mrs Taylors personal management team as a troublemaker. This aggression towards me was witnessed by other staff who  submitted personal statements to the courts on my behalf at risk to their own careers .

  1. Evidence shows that Mrs Taylor insisted that I should describe and consider myself as an inadequate teacher. I felt this was very  unjust given the refusal of Mrs Taylor to agree proper professional feedback.

I tried to raise the issue of feeling bullied ,  the false assessments and my complaint about the advisor  when Mrs Taylor was placing me on a Capability Programme in 2010  . Mrs Taylor ignored my complaint about the advisor and Brighton Council who arranged this capability programme told the school to ignore this incident by their advisor  as it didn’t matter . I have the email from them saying this.

  1. Brighton Police have officially recorded this incident but not taken any action. After my dismissal and with the help of my MP at the time Mike Weatherley I appealed to the council for an investigation. This was refused. The school did investigate but without taking my statement and knowing what I was alleging.

  1. In September 2010 whilst still employed I had a meeting with Mrs Taylor when I felt aggrieved by the lack of professional feedback and discussion about my teaching. I also complained about my intense feelings of being bullied. I had hoped for resolution and the chance to reset ; a clearing of the air .

  1. As Mrs Taylor has written she was extremely annoyed by this meeting and told my line manager Kate Vickers that my position at the school was now untenable. Kate relayed this to me.

  1. Soon afterwards I was placed on a Capability Programme after a casual non-official visit to my classroom from a council witness Mrs Rebecca Winn. My union told me that this use of a casual visit to begin such an important process is against official council  

  1. Mrs Taylor has written that she saw the programme as a way to ensure my dismissal. I knew I was unfairly on a conveyor belt ending up with being described as an inadequate teacher and with being dismissed.

  1. School records show I tried many times to complain about this and also seek professional resolution including appealing to the Chair of Governors. All my attempts were refused. When I appealed being placed on the programme the evidence of my successful teaching were not looked at . I was told by that meeting’s Chair  that it was ‘Not a valuable use of time ‘.

MY POOR ASSESSMENTS AND THE USE OF FALSE EVIDENCE  

  1. There exists 1 or 2 genuinely  poor assessments of my teaching from Mrs Taylor and from others but I found this intense scrutiny now very,  very stressful affecting my concentration and performance .

Eventually I had to visit  my doctor and for the first time in my life had been prescribed with sleeping tablets .   

Mrs Taylor has written that these few assessments are  only a small and minor  part of the assessment of a teacher’s ability , yet In giving evidence to the Governors and to the courts and in defending the reference in court the council have  relied exclusively on these few assessments in the full description of my career as a teacher .

I ask the court to consider that it is very unjust that this evidence should be put forward and accepted by the courts as the complete picture of my career –with all the harmful consequences -when Mrs Taylor herself has said that it is just a tiny part of any professional assessment.

In starting the Capability Programme Mrs Taylor took no notice of all the other very important aspects of being a successful teacher –that she herself has described . Mrs Taylor did not ask the people she designated to know about my teaching , did not use other school records . Did not show any due diligence to find out the truth.

The reference from Mrs Taylor that said I could not teach that Brighton Council and the police have  defended so rigorously –with threats of arrest and so on - was given by Mrs Taylor without knowledge or due diligence and only with the subsequent use of false evidence given to the courts.

A FALSE GROSS MISCONDUCT ALLEGATION BY MRS TAYLOR AND BY BRIGHTON AND HOVE CITY COUNCIL GIVEN TO THE COURTS AND TO THE TEACHERS REGULATION AGENCY

After my appeal against being placed on a Capability Programme failed I wrote a letter of complaint to Mrs Taylor in a state of utter desperation . I did try to place it on the school’s intranet but I could not work out how to do this and after moments stopped trying and gave it to Rebecca Winn –Mrs Taylor’s appointed well-being advisor . This was following proper procedure and so that it would be dealt with as an official complaint .

  1. Ever since ; from my suspension from school , to the Governors , then to the Employment Tribunal then to HHJ Coltart at Brighton County Court Mrs Taylor and the council have falsely written officially and stated under oath that I kept saying I would make the letter available to all staff .

  1. Brighton and Hove City Council sent this to the Teachers Regulation Agency saying I was dismissed for this as Gross Misconduct . Brighton and Hove City Council knew that this was false .

There is not any  evidence or recorded statement that I said I would do this . During my suspension period from school  I was not removed from the schools intranet until after my dismissal so there was no real belief in this at the time although it was ‘used ‘ by Mrs Taylor and by the council to achieve my dismissal and then afterwards to the courts.

FALSE EVIDENCE TO THE GOVERNORS

  1. Mrs Taylor with the assistance of Brighton and Hove City Council gave deliberately false evidence about this and about my day to day teaching in order to manage my dismissal .

I state this under oath and accept all legal penalties for any falsehood .

  1. After my dismissal I received a work reference that said I could not teach full time . When I tried to complain I was told by the council and by the police that this was harassment. I did not know another way to do this other than to appeal to Mrs Taylor personally and seek some resolution. My emails to Mrs Taylor were polite and respectful and are available to see. The council refused all communication at the time about this.

  1. In 2013 I went to an employment tribunal ; the main reason being the false reference –I just wanted to move on and be able to work.

A RULING IN ERROR FROM THE EMPLOYMENT TRIBUNAL . BRIGHTON AND HOVE CITY COUNCIL SAY ‘THE TRUTH OF MY WORK REFERENCE DOESN’T MATTER ‘

  1. The official ruling from His Honour Judge Richardson agreeing my Gross Misconduct dismissal after my Employment Tribunal hearing is factually in error . There is clear written evidence from Ms Rebecca Winn ( the council’s own witness ) that I gave the letter of complaint to her so that it wouldn’t be in the ‘public domain ‘ . This was the reason His Honour Judge Richardson agreed with my dismissal and my Gross Misconduct status.

It is as a result entirely of a deliberate use of false statements by Mrs Taylor and by Brighton and Hove City Council . I believe they have a duty to acknowledge this.

In subsequent emails to me Brighton and Hove City Council ( Simon Court ) has  told me that my receiving a false work reference about my ability as a teacher ‘doesn’t matter ‘ as I was dismissed for Gross Misconduct anyway . This has prevented me working and has ruined my reputation. I can provide these emails.

MY CIVIL CLAIM AT BRIGHTON COUNTY COURT  AND BEING ACCUSED OF BLACKMAIL

  1. In 2015 I made a civil claim about my reference –to be heard at Brighton County Court – again I wanted to move on and work . In the year preceding this claim I had repeatedly appealed for settlement and mediation which was always refused by the councll. The council instead kept threatening me with the overwhelming costs I would have to bear . I tried Notices of Fact which were ignored by the council.

  1. The council’s solicitor Michael Olley before the claim and in refusing mediation twice accused me of Blackmail indicating a belief I understand that they thought it was unjust that I should seek accurate employment records.

  1. Inspector Dias of Brighton Police was working closely with Brighton Council and in emails to me refused my appeals for help and said that no false evidence was being used.

  1. As a desperate measure I made it public that Mrs Taylor and the council were using false evidence against me –I needed to work.

  1. My belief was that rather than the confusing aspects involved in a civil claim  as a private    litigant facing two solicitors and a London Barrister employed by the council   if I was arrested by the council and by Inspector Dias I would have the chance in a criminal court to show my evidence –to get resolution –to settle this and so be able to work.

            To end the claim , achieve early resolution and end up with accurate employment records.

  1. However I was told by the court manager at my conviction hearing that the use of false evidence against me by Mrs Taylor and by the council   was not relevant to my conviction so not allowed. The police were not present but a council officer assisted the CPS prosecution in asking for a Behaviour Order protecting Mrs Taylor  –which was agreed.

  1. I was told immediately afterwards in an email from the council’s solicitor Michael Olley that I should settle  my civil claim   immediately , pay all their costs as I now couldn’t ask Mrs Taylor any questions in my civil claim against the council. I tried without success to get around this but  went to the civil hearing unready to ask Mrs Taylor any questions although His Honour Judge Coltart revoked this instruction at the start of the hearing.

NOT ALLOWED TO CHALLENGE

         31 . Despite over 20 appeals to Brighton Magistrates Court to vary or revoke the order and despite a right to do this I have learned –court officials have refused all my appeals on one occasion refused citing ‘administrative reasons ‘.

                I firmly believe that this Behaviour Order is knowingly unnecessary, cynical and dishonest.

                 I believe that all parties including the court officers know I just want accurate employment records and the chance to disclose my evidence.

    FALSE OFSTED DOCUMENTS

  1. Mrs Taylor and Brighton and Hove City Council gave 12 pages of deliberately false Ofsted documents about my teaching  to His Honour Judge Coltart in that claim although I was not prepared and ready at the time to counter this false evidence. Ofsted confirm that these documents are false as they didn’t exist at the time and are different to the real ones.

                    The letter I received from my MP Peter Kyle and the response Mr Ghebre-Ghiorghis   ( Head of Governance ) gave to a councillor who agreed to act on my behalf shows that the use of false evidence  to the court to misrepresent my teaching was intentional and deliberate .

      THE RIGHT TO A FAIR HEARING. ARTICLE 6 HR . 1998 . OFFICIAL COURT RULINGS

  1.   At a Mention Hearing in 2016 at Lewes Crown Court His Honour Judge Kemp agrees that   I did not get a fair hearing when I appealed my conviction at his court .

  1. In 2017 when I sought again to challenge the Behaviour Order His Honour changes this ruling however and says instead that I had had a fair hearing and the question of the use of false evidence had been decided successfully in the council’s favour at that appeal. This is false as it was not allowed to be menationed.

                      I ask the Court of Administration to consider that it is fair for me to seek clarity over these two conflicting judgements about my conviction.

  1.   In 2019 at Brighton County Court His Honour Judge Simpkiss rather than allow my civil claim –for accurate employment records – agrees a  restraining order on behalf of the council preventing me accessing justice in the civil court .

  1.   In 2022 at Chichester Crown Court His Honour Judge Van Der Zwart  dismisses my application   to challenge the criminal Behaviour Order and my chance to disclose my evidence –this evidence .

  1. I believe these actions in denying me fair access to justice and resolution are unjust and unfair .They are in conflict with my rights under Article 6 and 7 of the HR Act 1998.

  1. I ask the court to respectfully consider that I have spent over 10 years seeking just resolution and have relied on the courts and the justice system to do this. I appeal to the Court of Administration to allow my application as a matter of urgency.

                                              I have repeatedly appealed to the council for the some mediation and resolution about having accurate employment records of an investigation into the evidence used to describe my teaching and actions.

                    Brighton and Hove City Council have been resolute in their refusal to allow any mediation. I believe this is against their duties as a local authority and employer regarding Data Laws.

   Thank you.  Brian Tomlins 29.01.23                                                                                                                                                                                                                                                         PAGE 39

 

                                                                                                                                                      

Sworn at (city) _________________

 

In the County of _________________

 

This _________ day of ____________

__________                                                                 (Signature)

Before me,

_______________________________

Commissioner for Oaths                                                 Brian Royston Tomlins         

                                                                                            

 

 

 

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1 of 12 PAGES OF FALSE EVIDENCE MRS JANIS TAYLOR AND BRIGHTON AND HOVE CITY COUNCIL GAVE TO THE COURTS . THESE DOCUMENTS DIDN'T EXIST AT THE TIME OF MY EMPLOYMENT.