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Confusion over child protection rules for school staff (21 January 2015)

Date: 21/01/2015
Duncan Lewis, Crime Solicitors, Confusion over child protection rules for school staff

Tougher child protection enforcement is leading to hundreds of staff at primary schools being suspended from their jobs because they have a family connection with someone who has a criminal record, BBC News reports.

Public sector union UNISON claims that the suspensions are the result of “confusion” over child protection rules in England.

The government says that the rules apply to anyone who provides education or childcare to children under the age of five –or care such as after-school clubs for children under the age of eight.

It is thought, however, that some Local Authorities have interpreted the guidelines as applying to all primary schools.

Around 300 teachers and support staff in England’s schools are thought to have been suspended from their jobs to date – mainly because they share a home with someone who has a previous conviction for a violent or sexual crime. UNISON is now calling on the government to clarify guidance on child protection which was issued to primary schools in 2014.

The regulations which have led to the suspensions were introduced for childminders and day care nurseries in 2009 – but at the end of last year they were rolled out to primary schools also.

The government has called on schools to use their own judgement when applying the rules, which can require staff to complete disclosure forms revealing details about the criminal convictions of anyone a teacher or school support worker lives with.

If any disqualifying convictions are disclosed, a member of staff at a primary school is immediately suspended from their job.

Staff who are suspended can apply to Ofsted for a waiver in their case – but remain suspended from work until a decision is made.

UNISON's Head of Education Jon Richards told BBC Radio 5 Live that a growing number of teaching assistants and school lunchtime supervisors had been suspended because a member of their household had a previous conviction which disqualified them from working in a school.

“Many members of staff are being suspended for issues completely unrelated to child safety.

“Staff who have been in post for a long time and have demonstrated that they do not pose a risk are being suspended and left in limbo.

“The way that this advice has been rolled out means schools are misapplying it and suspending staff for issues unrelated to the regulations.

“We are also concerned that Ofsted may not have the capacity to deal with all these cases quickly, which will be disruptive for both staff and pupils.”

The National Association of Head Teachers says that its helpline has been “flooded” with calls about the child protection rules. The association’s General Secretary Russell Hobby is calling on the government for urgent clarification.

“We all want children to be safe in school, but these regulations are not yet in a workable state – at present they are designed for childcare in the home, not school settings,” he said.

“They will prevent good and trustworthy staff from doing their jobs – and wrap schools up in unnecessary red tape, distracting them from real safeguarding issues and the hard work of raising standards.”

A spokesman for the Department for Education said:

“Nothing is more important than keeping children safe – and schools should ensure this is paramount in everything they do.
“Schools and governing bodies should use their judgement when deciding which school staff are covered and where it is deemed necessary to take action.”

A spokeswoman for Ofsted said that, as yet, no one had lost their job as a result of the rules.

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For expert legal advice on all criminal charges and representation during police interview under caution, call Duncan Lewis crime lawyers on 020 7923 4020.


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