Kelly statement: Stakeholder reaction

Ruth Kelly has said she "deeply regrets" any distress caused to parents by new that sex offenders have been allowed to work in schools.

In a Commons statement, the education secretary said that all those convicted or cautioned for any sex offence against a child and a range of offences against adults would in future automatically be barred from working with children.

Stakeholder Response: NASUWT

Chris Keates, general secretary of NASUWT, said: "Teachers and headteachers everywhere will be relieved that the secretary of state has taken a measured approach to this highly complex issue.

"There was a real danger that the recent public furore could have resulted in the government succumbing to pressure to turn back the clock on the positive progress made to secure a more balanced approach to these issues.

"Without such an approach the situation where innocent teachers had their lives, careers and families destroyed by an allegation against them being treated as a presumption of guilt would have been perpetuated.

"I welcome the fact that the secretary of state acknowledged this specifically in her statement.

"A rigorous review of the recent cases, to highlight any deficiencies in the current system, was needed and this appears to have been done.

"NASUWT welcomes the fact that the government has accepted the NASUWT view that CRB enhanced checks on new employees should be mandatory.

"The union submitted this in evidence to the Bichard inquiry following the Soham murders and has raised this consistently with the government.

"However, the government needs to consider whether it is prudent to allow the practice to continue where schools have the option of new staff taking up their post pre-check, providing that they are supervised at all times.

"Apart from the practicalities and expense of this, in my view it is not a risk worth taking. NASUWT will continue to advise its headteacher members to wait for the result of the check.

"I understand the rationale for proposing an expert panel to advise Ministers on cases which are not clear cut.

"It is helpful that no decision has been made on the membership of the panel and that there will be wide consultation on this. NASUWT will seek to ensure that its composition is balanced to prevent the innocent being unfairly condemned.

"Treating cautions on the same basis as criminal convictions for the purposes of List 99 will clarify the position with regard to working in schools.

"However, it is now even more important that the police are required to make explicitly clear the consequences of accepting a caution."

Stakeholder Response: 4Children

Anne Longfield, chief executive of 4Children, said: "We know that the vast majority of people working in this area are very well trained, extremely motivated and committed to providing the best for children and young children.

"But services for children over eight are not currently regulated by Ofsted – an issue which 4Children has consistently raised as an area of concern and vulnerability.

"It is therefore likely that some of those working with older children may not be being police checked.

"In a less formal out of school environment, this will raise concerns for many parents.

"This is a particularly important issue at the moment as plans for extended activities around schools are rolled out across the country.

"This is a long standing gap in the regulatory framework which will be partially addressed by the introduction of a new voluntary Ofsted register proposed in the Childcare Bill.

"The new system will remain voluntary however, meaning that the potential for some to remain outside the system remains.

"Out of school settings must be included in government reforms of the checking and safeguarding system.

"This has to be a comprehensive system which has the breadth and depth to offer the safeguards children and parents need and deserve – across activities and services for children – inside and out of school

"More help is also needed for the provider. Frequent checks are costly and sometimes very time-consuming, normally taking between six and eight weeks.

"Also the quality of information gained varies significantly between regions.

"A standardised system in which all organisation need to be part of a recognised quality assurance scheme will build confidence and consistency throughout the country".

Stakeholder Response: ASCL

Association of School and College Leaders general secretary Dr John Dunford said: "The last week has shaken schools’ confidence in a system that they thought was watertight.

"School leaders need clear cut information about job applicants who want to work with children and this should come from a single source.

"I am encouraged by today’s announcement. Headteachers were looking for greater clarity in the system and we have been given that.

"We were looking for decisions to be made by an independent body instead of politicians.

"That too is happening. We also welcome the priority given to the implementation of the Bichard report.

"The Criminal Records Bureau will have to raise its game if schools are going to be required to carry out pre-appointment checks.

"These checks cost schools a lot of money and poor, slow service will not be tolerated.

"The lessons of September 2002 are still fresh in our minds when there was a huge problem caused by the backlog of CRB checks on staff starting in the autumn term.

"The association will continue to advise heads always to err on the side of caution in appointing staff if they have doubts about the background of an applicant."

Stakeholder Response: NUT

Steve Sinnott, general secretary of the National Union of Teachers, said: "The education secretary’s statement is welcome. Teachers and parents need to have confidence restored on how registered sexual offenders are to be dealt with in future.

"Being a registered sexual offender should mean that a person qualified to teach should no longer be allowed in the classroom.

"No one in the position of regularly having to report to the police because of a sexual offence should simply have restrictions placed on the age groups or the gender of the children they are allowed to teach.

"That does not provide sufficient assurances to parents and teachers that the children in our schools are sufficiently protected from known risks.

"Of course there needs to be safeguards against the wrong person being barred from teaching but such safeguards should not prevent virtually automatic inclusion on List 99.

"The expert group which is to advise the education secretary in the short term should also include parents. It is their children who are at risk from the inadequacies that currently prevail.

"It may be necessary for the nature of the sexual offences that can result in an individual having to register with the police to be reviewed.

"There is a general belief that those required to register are serious offenders such as serial violent rapists and paedophiles. That appears not to be the case.

"This last fortnight has seriously undermined parental confidence in the way the system to protect their children from known sexual offenders has operated.

"Thankfully, parents have confidence in the teaching profession but if this issue is not dealt with properly, that confidence will ebb away."

Stakeholder Response: ATL

Dr Mary Bousted, general secretary of the Association of Teachers and Lecturers, said: "The measures announced today by Ruth Kelly sound like a sensible package that balance the need to protect children while retaining proper safeguards for the individuals who may be affected by them.

"However, it will be important to ensure that the Criminal Records Bureau has the capacity to cope with a greatly increased demand on its resources – otherwise we will be looking at a new set of problems for head teachers.

"Deciding who should, and should not, be allowed to teach our children – in the case of sex offenders – raises complex and difficult issues.

"No one case is the same as another, so each has to be treated individually.

"We must not allow the current media frenzy to divert attention from the real issues.

"Children's safely must always be the most important consideration, but it is also important that the rules of natural justice aren’t abandoned. We need a robust and transparent system for checking teachers which has full public confidence.

"ATL supports the secretary of state's decision to hand over final responsibility for decisions on the fitness to teach in sex offence cases to an independent body, which has the relevant experience and expertise to make these difficult decisions.

"It is important that the education unions, and all organisations representing those working with children, are fully consulted on the operation and remit of this new body."

Stakeholder Response: PAT

Professional Association of Teachers general secretary Philip Parkin said: "We welcome this announcement. We hope that it will put an end to the confusion and media scare stories, prevent future anomalies and reassure parents and school staff.

"We must also remember to keep these current concerns in context. Schools are much safer than they were in the 1980s, for example.

"We look forward to reading the details of the new legislation. We are concerned, however, by the length of time it may take to introduce the revised system, and by whether the new system will actually go far enough in protecting both children and those who work with them.

"We welcome the fact 'domestic employers such as parents' will be allowed to check the status of employees such as tutors. We hope that nannies will also be covered by this new legislation.

"PAT has been calling for a single register covering all parts of the UK and all teachers, support staff, tutors and childcarers working with children, young people or vulnerable adults in any setting, including nurseries and children being looked after in their own home.

"The Association would also like to see the General Teaching Councils in England, Wales and Northern Ireland given the same powers as the GTC for Scotland to check the suitability of teachers.

"PAT looks forward to details of the permanent system that will replace ministerial decisions on barring."

Stakeholder Response: Examination Officers Association

A spokesperson for the Examination Officers Association, EOA, told ePolitix.com: "Exam officers are confronted with managing invigilators from outside their centres to help manage examinations due to the impact of the workforce remodelling agenda.

"In turn as a result of that agenda many new exam officers are working closely with students and must therefore come under the same controls as all staff working in schools and colleges. 

"The EOA is therefore encouraging all centres to register all its personnel associated with the operation and administration of examinations in their centres."

Stakeholder Response: General Teaching Council

A spokesperson for the GTC said: "This is a sensible package of interim measures. It is reassuring to learn that cases arising both before and after the creation of the Sex Offenders Register have been reviewed.

"The requirement for mandatory CRB checks for all school staff is an important protection for children.

"The GTC welcomes the creation of an independent panel to advise Ministers and the proposal for a new statutory body in due course."