Child Protection in Schools
The recent publicity about sex offenders working in schools has raised parents’ concerns about child protection within the education sector. Last week the Secretary of State for Education, Ruth Kelly announced proposals to reform the current system of vetting teaching staff. This article examines the issues involved and answers questions from worried parents with concerns about their children’s welfare.
Q In the light of the recent press revelations, I am concerned that there may be sex offenders working in my child’s school. My child has special needs and I am concerned that she may be more vulnerable. Is there anything I can do to make these enquiries?
A Unfortunately this is a very difficult area. In theory you could write to the Chair of the Governors or the Head teacher and ask for disclosure of this information. However, the Data Protection Act would probably prevent the head teacher or the Local Authority from disclosing information about individual teaching staff within the school. If you have specific concerns you could arrange a meeting with the head teacher for reassurances as to what policies and procedures the school has in place to prevent unsuitable people from working with children. All staff whether paid or unpaid, including agency or sub-contractor’s personnel, must undergo an enhanced CRB check if they are to work with children.
Q The press coverage of the revelation that a teacher on the Sex Offenders Register has been working in a school was very confusing. There appears to be a number of lists. Please can you explain what the procedures are about?
A All teaching staff must be CRB checked before taking up post in a new school. It is the responsibility of the school or local authority to carry out an enhanced CRB check. This will reveal if the potential member of staff has had been registered on the Sex Offenders Register and will record whether there have been any incidents or concerns in the past, even where there has not been formal multi-agency child protection investigations or the individual has not received a police caution.
At the same time schools should request disclosure from List 99 and the Protection of Children Act List (POVA List). List 99 contains a list of teachers who the Secretary of State considers are not suitable to teach. This might include teachers who have behaved inappropriately towards pupils both sexually and physically.
The POCA List is a register of all individuals (non-teaching) who the Secretary of State considers are unsuitable to work with children. Confusingly there is also another list called the Protection of Vulnerable Adults List which prevents individuals working with vulnerable adults, for example, people with mental disabilities.
Q Why was the teacher in Norfolk allowed to continue as a PE teacher?
A This is where the law becomes very confusing. The Sex Offenders Register is not designed as a mechanism for preventing individuals working with children. It is simply a tool for keeping track on where people who have previously been cautioned or convicted of a sexual offence are living. People included on the register are required to report to the police whenever they change address.
The range of offences that can lead to a person being included on the Sex Offenders Register is very broad. At the most extreme end of the scale it could involve an individual who has been convicted and imprisoned for serious sexual offences involving children. On the other hand, it is not inconceivable that a person could be on the Sex Offenders Register for a minor incident. Take an example of a 17 year old male who is dating a 15 year old girl. If the two engage in sexual intercourse and the matter is brought to the attention of the authorities, the 17 year old may be prosecuted or cautioned for unlawful sexual intercourse. As a result the 17 year old would automatically be placed on the Sex Offenders Register.
If the young male planned a career as a teacher this could jeopardise his prospects. It may seem harsh that this one-off relationship should exclude him from a career as a teacher for the rest of his life.
And this is really where the difficulty lies. Where does the school or employer draw the line? It is very easy to see how it is extremely confusing for a school to know what to do in some situations where the facts of the original offence are not necessarily such that the individual would present a risk when working with children and young people.
Q If the current system is so complicated, what proposals are there for reforming the system so that parents can be assured about their children’s safety?
A Last week Ruth Kelly announced a radical overhaul of the system of vetting those working in schools. This is welcome. Under the new proposals there will be one streamlined system which incorporates the various lists. This move is long overdue. At the conclusion of the Soham Enquiry Sir Michael Bichard strongly recommended there should be one single system. The Government has also announced that the new system will remove ministers from the vetting process and replace them with independent experts.
It is likely under the new system that anyone placed on the Sex Offenders
Register will automatically be banned from working in schools.
The outright ban will naturally give parents a lot of assurance. It must be recalled however, that if a teacher has not been CRB checked since 2002 and has not subsequently changed jobs, at the moment if they do not seek alternative employment in another school, their recent conviction or registration on the Sex Offenders Register will not come to light. This is something the Minister does not appear to have addressed in her announcement.
Q Practically, what should parents do if they have serious concerns about their children’s welfare and schools do not appear to be taking complaints about child protection seriously?
A All children’s complaints must be taken seriously and schools have a legal duty to promote and safeguard the welfare of children. If a head teacher is not taking the matter seriously and a quick complaint to the Chair of the Governors of the school does not results in action, I would advise a parent to make a referral to the Social Services Child Protection Team. This should trigger a child protection investigation. This is a dramatic move but when children make allegations, particularly if they are made by a number of children, this should be taken very seriously. For further information about model policies on child protection and bullying, see the website of the charitable organisation Kidscape, www.Kidscape.org.uk.
FJG lawyer Yvonne Spencer designs and delivers child protection and safe recruitments training courses for professionals including:
- national statutory bodies
- local education authorities
- school managers and their staff
- voluntary organisations
For more details contact Yvonne on 01206 835242