Part of Petitions – in the House of Commons at 7:29 pm on 1 April 2009.
Sarah McCarthy-Fry
Parliamentary Under-Secretary (Schools and Learners), Department for Children, Schools and Families
7:29,
1 April 2009
We will look at the letter that is given. On the decisions made by our Department, we will always disclose any information that we rely on when making such decisions. On the procedural issues, we will look at the letter when it comes. This is a very sensitive issue.
As limited time is left for me to respond, let me say that CRB disclosures come under a different Department, so I will pass that issue to my colleagues. If I do not manage to get through all the procedures that the hon. Gentleman referred to, I undertake to write to him about the rest.
It is absolutely critical for both the Independent Safeguarding Authority and my own Department to be as scrupulous and rigorous as possible in consideration of all such cases. They frequently deal with very complex issues, and we owe it to all concerned, including those who are under consideration, to review the information that we receive with all due diligence.
The changes that we are introducing under the Safeguarding Vulnerable Groups Act 2006 will help to make sure that we have the toughest possible vetting and barring system for all those working with, or seeking to work with, children and vulnerable adults. We have already tightened the current system, so that anyone cautioned, as well as those who are convicted, for specified sexual offences against children will automatically be entered on list 99 and barred from working in schools and other education settings. We have made CRB checks mandatory for all new appointments to the schools work force, including staff entering the work force from overseas.
The primary purpose of the process for considering cases is to safeguard children from contact with people who are considered unsuitable, either because they present a risk to a child's safety or welfare, or because their behaviour presents an unacceptable example to children. Cases are typically triggered by reports from the police, schools or local authorities, wherever there are grounds for concern about an individual working in a school, a further education institution or a local authority education setting.
In addition, any relevant information received by the Department—for example, through the media—may be considered. Where allegations or offences cause concern but do not meet the criteria for automatic barring, information will be sought from a range of agencies and from the individual concerned. Supporting evidence is required to assess the seriousness of the behaviour, or alleged behaviour, and to establish whether the allegations are proved on a balance of probabilities.
It is impossible to say precisely how long it will take to conclude any given case, because the circumstances of each will vary. The length of time it takes to reach a decision very often also depends on how long it takes other agencies or bodies to provide us with the relevant information and evidence. However, we aim to conclude a case as soon as possible after receiving all the necessary information. Although we try to deal with all these cases as quickly as possible, obtaining sufficient information to decide whether to take up a case and then completing the processes inevitably takes time. Strengthening existing arrangements in the ways I have mentioned has led to a significant increase in the number of individuals on list 99. Last year, the total number was 8,036, but it had risen to 12,992 by January this year. The vast Majority of the increase is due to the implementation of the amended list 99 regulations that came into force in February 2007.
In relation to cases referred before
From July next year, all individuals registering with the new vetting and barring system will be subject to a regime of continuous monitoring. They will be reassessed against any new information, whether that comes from police, employers, social services departments or other sources. If necessary, they will be barred from the work force as a result. Legal penalties will exist to enforce that provision.
In certain circumstances, people will be barred automatically from working with children, although in the majority of cases they will be able to make representations about why the bar should be lifted. While those representations are being made, they will continue to be barred from employment as teachers or school workers.
Where the criteria for automatic barring are not met, all the facts of cases will be considered in deciding whether people are unsuitable to work with children and whether they should therefore be barred to prevent them from entering the children's work force. People are automatically barred from working with children and young people if they have been convicted or cautioned for any of a range of offences against children, including sexual offences. People are also automatically barred if they are subject to a court order that disqualifies them from working with children.
Barring becomes discretionary when there are allegations or offences that cause concern but do not meet the criteria that I have just mentioned. In cases where there are allegations of concern, the ISA will perform the most rigorous assessment by seeking information from police, employers and other agencies, as well as from the individual concerned, before reaching any decision. In some cases, a specialist risk assessment of the person will be commissioned: once completed, that evidence will be taken into account by the ISA.
The system is designed to be as fair and rigorous as possible. It gives those under consideration the opportunity to state their case, but it also reflects the huge importance that we have to place on safeguarding every single child's welfare.
Of course, placing people who are unsuitable to work with children on a barred list is one of the main safeguards in place to protect young people from harm, but it must be stressed that former and prospective employers also play a vital role. It is for any prospective employer to decide, on the basis of information gathered from criminal record checks and other relevant sources of recruitment information, whether to employ a person. It is for former employers, when asked, to provide frank and accurate references for former employees.
The safety and welfare of children is always our top priority. If there is any suggestion that an individual might pose an immediate risk to any child or young person, we would expect action to be taken without hesitation. In cases where no criminal offence has been committed, the Department will be absolutely rigorous in its efforts to ensure that it has all the information that it needs to make a decision on whether a person poses a risk to children and should be barred.
The Department continues to consider cases after court proceedings have been completed: it does take court outcomes into account, but the Secretary of State also considers cases at the civil standard—that is, "on the balance of probabilities". The criminal courts test evidence at the higher criminal standard of proof—that is, "beyond all reasonable doubt"—so an acquittal of charges at court does not necessarily mean that an individual will not be barred.
As I have said, the Secretary of State is under a duty to consider allegations of a serious nature that suggest that children have been put at risk of harm. If the Department becomes aware of information—such as a press report, or information from police, employers, the courts or a member of the public—
House adjourned without Question put (
Secretary of State was originally the title given to the two officials who conducted the Royal Correspondence under Elizabeth I. Now it is the title held by some of the more important Government Ministers, for example the Secretary of State for Foreign Affairs.
The term "majority" is used in two ways in Parliament. Firstly a Government cannot operate effectively unless it can command a majority in the House of Commons - a majority means winning more than 50% of the votes in a division. Should a Government fail to hold the confidence of the House, it has to hold a General Election. Secondly the term can also be used in an election, where it refers to the margin which the candidate with the most votes has over the candidate coming second. To win a seat a candidate need only have a majority of 1.
Annotations
Andrew Walker
Posted on 27 Apr 2009 12:21 pm (Report this annotation)
This response clearly shows the limited understanding that exists within the DCSF regarding the toxic nature of the current imbalance between Child Protection and a Teachers right to protection from abuse by the system.
Andrew Walker