When I hear Angus Crawford of the BBC promoting an article, I always know that a valid child abuse story is going to eventuate. The fact that there is a loophole such that private independent tutors can practice without a Data & Barring Service (DBS) check into their background is something that needs tightening up, and legal change. This drive for legal change is not new. I have found articles on the subject from 2021 and 2018. To quote the recent BBC article
More than 90 private tutors in the UK have been convicted of sexual offences involving children over the past 20 years, the BBC has found.
The children’s commissioner for England is now calling – in light of our findings – for reform of the system, which doesn’t require people offering private lessons to be checked before working with young people.
Dame Rachel de Souza says private tutors should undergo the same checks as teachers.
Research published in 2023, external by the educational charity, the Sutton Trust, suggested that 30% of 11–16-year-olds in the UK had received private tutoring at some point.
The subject of vetting those who wanted to work with children became prevalent firstly in the 1990’s when I first started acting for the victims of child abuse. I was frankly astonished how many of my clients had complained of abuse, usually by Children’s Homes residential care workers, as they were at the centre of the scandal and numerous police investigations. It was common place for them to explain to the policemen who were tasked to return them to the homes after they had run away to get away from the abuser, that they were being abused. They were disbelieved, as were all children in care, and returned to the horror of their abuse. Similarly they would complain to their social worker, and/or the Warden of the institution. Sadly he was also often a serial abuser.
I have always campaigned and worked closely with abuse support groups all over the UK. A group of us got together and held a meeting in Parliament at which we called for a vetting service so as to avoid paedophiles being able to work close to children. It was 1997 and the general election at which Tony Blair won with a substantial majority was imminent. We had a promise from Liz Lynn MP, and two others, that if they got into power, they would introduce a vetting a barring service. True to their word they did so.
There was intense debate at the time as to how far it should go. Should it include rumour and speculation, evidence falling short of a criminal conviction, and employer led complaints? Thankfully all three categories were included in the scheme, as well as an appellate system if the person on the register didn’t like it. The Disclosure and Barring Service (set up in 2012 & initially called the Criminal Records Bureau set up in 1999 under the Protection of Children Act 1999) was born.
I was involved in the case involving the recent sex offender Thomas Rogers up for trial who was working as a music tutor right up to his sentencing. He is not the only one. The BBC found 90 and the Daily Mail back in 2018 found 36. Clearly, if they had to have DBS checks before starting a substantial impediment to their abusive behaviour would have an impact.
The Children’s Commissioner believes the government should move quickly to close the loophole and require checks for private tutors
“This is about keeping children safe. It’s about safeguarding, it’s a number one priority.”
Marilyn Hawes of Freedom From Abuse said,
“The fact this loophole has not been closed down is outrageous! We campaigned in 2018 for the change to happen . The safety of children in the UK should head the list of urgent reparation and not be “ hot air.” Child abuse rapes the body and soul. How can any child be the person they are born to be? UNICEF states a child’s human right is to be kept safe . Shame on those who are apathetic without passion and commitment for better outcomes, and the care or not in early years has an impact thereafter.”
So what is particularly dangerous about this loophole in the law?
- The tutoring usually takes place in private between the teacher and pupil rather than in a classroom with lots of other children
- The teacher in a school is being constantly supervised, and audited by the headmaster, and/or inspectors, and/or in the company of a classroom assistant.
- In a school there is a hierarchical system with defined pathways for complaints. There is often a pastoral teacher to listen to the worries and concerns of children.
- Tutoring is often referred through reputation and word of mouth rather than choice of school, which often follows copious reading by parents of Ofsted Reports.
- Tutoring is often done to try and give a struggling child a leg up, and paid for privately by parents. It is therefore a private arrangement rather than a public open contract. As such it will not be subject to the same scrutiny as mainstream education.
- A tutor’s name will often be passed on through word of mouth rather than after scaling the internet for references and testimonials. Vetting therefore is more likely to be absent.
- It is important to say that the Tutor’s Association, and other large bodies/agencies who can supply a tutor will insist on their members having a DBS Certificate. So it only affect those who peddle their wares alone without certification.
If the last 1997 Labour government brought in the original barring service in the form of the Criminal Records Bureau under a government with a large majority, maybe we have a hope with the present newly elected large majority left wing government with a leader who re-wrote the policy on child abuse prosecutions when he was head of the Crown Prosecution Service. Here’s hoping!
