A FORMER behaviour support worker at a city school has been banned from working with children after a court heard he sent sex messages to a 13-year-old girl.

Damian Clark was dismissed from his position at Derby Moor Community Sports College and has now been given a Risk of Sexual Harm Order by magistrates.

The order, described as "very rare" by a police solicitor, means Clark cannot contact girls under the age of 16 in their parents' absence.

It also bans him from taking up work which brings him into contact with children for more than a short time. It lasts for three years.

Police asked Southern Derbyshire magistrates to make the order. Court documents state it was applied for on the basis that Clark had, on at least two occasions, communicated with a child "suggesting sexual acts".

The teenage girl, who cannot be identified for legal reasons, said she had been "sickened" and "petrified" by Clark's behaviour, which she said had "almost ruined her life".

She said the messages were sent using a social networking site when she was 13.

After Clark was given the order, the girl, now 16, said: "It made my life hell and I'm just relieved it's all finally over. I'm still sickened by what happened but at least now I can move forward."

And her mother said: "The most important years of my daughter's life have been taken away through all the stress of it all."

The court heard Clark, 29, of Cornwall Road, Derby, had committed the acts between July and September 2009. As a result, it was believed there was "reasonable cause" for the order to be made.

The girl said she first met Clark at the school and admitted she had developed a "bit of a crush" on him.

She said that, during the school's summer holidays, they communicated over the internet.

She said: "The messages started slightly flirty and he would also talk about how good-looking my mum was.

"Then the conversations starting getting more sexual.

"It had been slightly flattering but, as it went on, I knew it wasn't right."

She said her mother found out after overhearing her having a conversation on the phone with another girl.

She said: "When the police got involved, they seized our computer and my mobile. As it all came out, I just started to get more and more scared."

Her mother said: "She had just been recovering from the loss of a family friend and was at her most vulnerable when all of this happened.

"People like him are in an automatic position of trust and he abused that.

"She was physically ill, unable to sleep and, because the matter was being investigated, she couldn't really talk to anyone about it.

"She was predicted top grades when this happened. It disrupted her whole life.

"She is now trying to get things back on track and, given everything she's gone through, I'm so proud of her."

Caroline Sellars, solicitor for Derbyshire police, had the job of reviewing the evidence in the case before deciding whether or not an application for the order should be made.

She said Risk of Sexual Harm Orders, which are civil rather than criminal, were "very rare" because the standard of proof needed to apply for them was approaching that needed for a criminal conviction.

Ms Sellars said: "I was satisfied there was enough evidence to bring this matter before magistrates because Mr Clark was a behaviour support worker at a school and there were communications sent by him to at least one child of a sexual nature.

"There are two actions the person can take in this matter – they can oppose the order or they can agree to the making of it and, at the hearing, Mr Clark agreed to it."

Ms Sellars said a solicitor representing Clark said his client had to accept some wrongdoing but he was agreeing to the order because he wanted it to be over.

She said: "The order is very effective because it sends a message to any school looking to employ the person who has it. This isn't the first order we've had in Derbyshire but they are very rare."

Head teacher Wendy Whelan said: "Mr Clark was employed by us as a support member of staff working on behaviour. We were alerted that he had made inappropriate contact with a student over the internet via a messaging service.

"Immediately we discovered this, he was suspended and the matter fully investigated. This led to his dismissal by governors.

"The school takes very seriously the safeguarding of its students and acted swiftly to ensure that the matter was properly dealt with."

A criminal investigation into the case was conducted.

On February 15, 2011, Judge Andrew Hamilton, at Derby Crown Court, entered not guilty verdicts on behalf of Clark on two charges brought in relation to the matter.

Risk of Sexual Harm Orders are civil preventative orders made in accordance with the Sexual Offences Act 2003.

They are granted when police apply to a magistrates' court regarding a person, over the age of 18, who has – on at least two occasions – engaged in sexually explicit conduct or communication with a child.

This can include engaging in sexual activity involving a child, or inciting a child to watch a person involved in sexual activity.

There must be a reasonable cause to believe the order is necessary to protect the child from harm, arising out of future acts by the person.

It can prohibit the individual from doing anything described in the order, such as asking them not to contact or communicate with children or take on any paid or voluntary work where there is more than transient contact with children or young people.

The standard of proof required for the order to be granted is similar, but not the same, as that of a criminal conviction. People can either oppose the order or agree to the making of it but the court must be satisfied by the evidence before imposing it.

It will last for at least two years and, depending on the circumstances, a breach of the order could mean a prison sentence of up to five years.

It is not known exactly how many have been granted in Derbyshire.