Five years after Soham, school staff are still not being vetted

The Government promised tighter rules after the murders of Holly Wells and Jessica Chapman by Ian Huntley
13 April 2012

Hundreds of thousands of teachers and other staff are working in schools even though they have yet to face full background checks, it has emerged.

A tough new vetting system promised by ministers in the wake of the 2002 Soham murders will not come into force for at least another year.

The revelation sparked anger last night and warnings schoolchildren remain vulnerable to paedophiles until the loophole is closed.

Town hall leaders called on ministers to act immediately and give schools powers to begin blanket checking of their staff.

Schools were told in guidance just last month that existing teachers and other staff members do not have to be fully vetted, it has emerged.

They will not have to subject them to thorough checks at least until 2008 despite repeated claims by ministers to be tightening the rules.

The official inquiry into the murders of Holly Wells and Jessica Chapman called on ministers to introduce compulsory criminal records checks on all existing school staff as well as new recruits.

The recommendation by Sir Michael Bichard followed evidence that Soham murderer Ian Huntley had been cleared to work as a school caretaker despite frequent involvement with the police.

But it was not until former Education Secretary Ruth Kelly was engulfed in scandal over the employment of sex offenders in schools that the Government moved to introduce mandatory checks on existing staff.

The Safeguarding and Vulnerable Groups Act 2006 will insist on compulsory "enhanced" checks on all current staff - as well as new recruits - as part of a shake-up of the vetting and barring system.

These checks will be far more comprehensive than old-style vetting since it will show up allegations that may not have led to a conviction.

Ian Huntley had been accused of rape on four occasions but never charged.

The Department for Education and Skills insisted last night that all workers in schools will still have undergone vetting, including against the secret list of adults barred with working with children, albeit older types of checks.

However hundreds of thousands have yet to submit to the enhanced checks carried out by the Criminal Records Bureau.

Some councils - including Derby, Hull, Knowsley and Barnsley - attempted to begin retrospective checking following the sex offenders scandal early last year but were told by the DfES it was unnecessary.

Officials insisted in a letter dated January 26 there had been "no change in our expectations of when and in what circumstances a CRB disclosure should be obtained".

It added: "There will continue to be no requirement to obtain a disclosure on existing staff.

"Employers will continue to have discretion to seek a disclosure where they have ground for concern about the suitability of an existing member of staff, and where the member of staff consents."

Now official guidance from the DfES has formalised this position.

The 129-page document makes clear that schools are not required to run criminal background checks on any staff already in post.

New recruits are also exempt if they move directly from another school.

Heads are only required to perform checks on staff who have not worked with children for three months or more before taking up a new job.

Fears that the CRB will be unable to handle the anticipated volume of retrospective checking lie behind the decision to delay its phasing in.

DfES officials insisted Sir Michael was "pleased" with progress so far.

However Les Lawrence, chairman of the Local Government Association's Children and Young People Board, said: "The LGA continues to fight long and hard to ensure checks are performed retrospectively in schools, and ministers must act now to give them the powers to ensure that children are never exposed to individuals who might be harmful to them."

A Department for Education and Skills spokeswoman said: "The protection of children is our unequivocal first priority.

"We have always been clear that all newly appointed staff are required to have CRB checks.

"The new system being introduced through the recently passed Safeguarding Vulnerable Groups Act will apply to existing staff as well.

"It is important to remember that staff appointed prior to creation of the Criminal Records Bureau will already have been checked against other barring systems.

"If any school is concerned over any existing member of staff they can and should get a new CRB check."

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