A CARETAKER found guilty last week of sexual activity with a child has been allowed to live on-site at a Watford school for the past 11 months.

Beechfield School in Gammons Lane, Watford, said it had done all it could to evict Timothy Martins, 34, from the caretaker's cottage but has been overruled by the courts.

Martin was convicted by a jury at St Albans Crown Court on Wednesday of engaging in sexual activity with a child.

He was released on bail and then, it is believed, returned to reside at the cottage within the school gates. The court had heard that in June last year he made sexual advances towards a 14-year-old girl, unconnected with the school.

During a week-long trial the court was told Martin was drunk at a barbecue when he pulled the girl off a couch by her wrists and kissed her "with tongues" before attempting to force his hands down her trousers. On another occasion he went into her bedroom and tried to kiss and grope her, the court heard.

While finding Martin guilty of one count of sexual activity, the jury cleared him of another count of sexual activity with a child and one count of coercing a child to engage in sexual activity.

Martin has claimed all along the allegations were fabricated.

He was given a job at Beechfield School midway through last year, and before he was due to officially start work moved into the caretaker's cottage.

However, Martin never actually started work as a caretaker because in July the claims against him were revealed in a Criminal Records Bureau check. He was suspended on full pay.

When Martin was officially charged by police in September the county council sacked him and started eviction proceedings.

In December the matter was heard at Watford County Court but the district Judge refused to evict Martin on a legal technicality - despite being aware of the county's reasons for wanting his removal from the site.

The county has appealed against this decision, and the case is due to be heard on Friday, May 25.

At the same time the county asked through the Crown Prosecution Service that Martin's bail conditions be altered to prevent him living on the premises.

This request was turned down by the crown court.

A joint statement from Hertfordshire County Council and the Governors and headteacher of Beechfield School said: "We are appalled by this situation.

"The county council has done everything legally possible to have Timothy Martin evicted from the school premises since becoming aware of the police investigations last July."

Martin is due to be sentenced on Tuesday, June 12, but was released on Wednesday on police bail.

The joint statement said: "Hertfordshire County Council takes child protection extremely seriously and measures were immediately taken by the school to ensure the safety of all children attending the school, at all times.

"Mr Martin had no access to the school buildings and the security doors have been kept locked.

"The headteacher has monitored the safety of children entering and leaving the school.

"We are as concerned as parents will be that this situation has arisen.

"However the county council has been obliged to work within the legal framework and must abide by the decisions of the court."

The county council asks all candidates selected for interview for positions within schools to bring along their CRB form If a candidate is successful in their quest for the job, their CRB form is returned to the CRB for checking and verification.

A CRB check takes between four and six weeks.