Clause 24 - Positions of trust: interpretation
Sexual Offences Bill [Lords]
3:15 pm
Ms Sandra Gidley (Romsey, Liberal Democrat)
This is a simple set of amendments to try to close what I, and others, regard as a potential loophole in the law. Clause 24, which refers to interpretation of positions of trust, states that
''a person looks after persons under 18 if he is regularly involved in caring for, training, supervising or being in sole charge of such persons.''
It is the word ''regularly'' that is causing great concern. In some cases, an adult might be in a position of trust where the contact with the child is limited—a supply teacher or a bank worker, for example—but it only takes one or two contacts to abuse a child. It is wrong that such an adult—who knows perfectly well that they are in what anyone would regard as a position of trust—could exploit this facet of the Bill.
If the amendments are accepted and references to regularity are removed, the position will be much tighter because anyone who seeks to abuse a vulnerable child could decide that this law would make it too difficult for them to stay in one care home because it makes their position there untenable. They would be unable to carry on doing what they are already doing.
That person can put themselves in the hands of an agency or another organisation that enables them to abuse at a number of homes in an area. That situation is difficult: a fellow care worker may have suspicions, but the next day the abuser might be working in a different home, and it takes a while to build up a pattern of suspicion. Very often these people are in different homes or settings or educational establishments, so it is not easy to get together and to raise concerns. We are creating the potential for someone to commit abuse on a wide scale just because they are not having regular contact with a specific individual.
The ''position of trust'' definition also applies to anyone who works with children in schools in a way that could be regarded as regular, such as a peripatetic music teacher. What criteria are used to define what is regular in this context? The Government should think about these amendments carefully. Are they satisfied that they are not creating the loophole that I have described?
The issue was discussed at great length in the House of Lords, where an attempt was made to amend the Bill in this way. It failed. I do not know whether the Government have reflected on the matter since then. We all agree that the aim of the Bill is to protect the vulnerable, and we could achieve that in a better way in this instance.