Calls for checks on private tutors, as 90 convicted of child abuse

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Calls for private tutors to go through more checks to protect children have been heard as more than 90 have been convicted of sexual offences over the past 20 years.

According to research, around 30 percent of children aged between 11 and 16 receive private tutoring at some point during their education. But at present, there is no obligation for private tutors to go through any form of background check.

Checks on private tutors

A BBC investigation, which trawled historic court and newspaper reports estimates that at least 90 private tutors have been convicted of sexual offences involving children over the past 20 years – and now the children’s commissioner for England is calling for change.

Dame Rachel de Souza says private tutors should undergo the same checks as teachers.

In schools, teachers must undergo enhanced DBS (Disclosure and Barring Service) background checks to reveal details of any spent or unspent convictions, cautions, reprimands and warnings held on the Police National Computer. However, under the current system, there is no legal obligation for private tutors to undergo any background checks or be qualified to teach.

Although some organisations, such as the Tutors Association, which represents more than 50,000 tutors across the UK, does require all its members to have enhanced DBS checks and follow a strict code of conduct, it is not mandatory.

John Nichols, president of the Tutors Association, emphasised how the current legal situation can’t be allowed to continue: “Anyone could call themselves a tutor, in any subject, and advertise themselves as such, regardless of their suitability.”

He has since written to the Secretary of State for Education, Bridget Phillipson, to ask that DBS checks become mandatory for anyone seeking to operate as a professional tutor.

Under the current rules, unless a tutor is registered with an agency requiring background checks, parents have no easy way to check if they have previous convictions.

The Children’s Commissioner for England, Dame Rachel de Souza, describes the present situation as “shocking”.

“Anybody who is working one-on-one with a child as a tutor, should have a DBS criminal record check. It’s an absolute basic minimum.”

“This is about keeping children safe. It’s about safeguarding, it’s a number one priority.”

Our expert abuse claims solicitor Molly Frost also feels strongly that the law is lacking when it comes to private tutors.

She said:

“It seems totally absurd in this day and age that private tutors who have contact with children and young people are not regulated or subject to the same checks that regular teachers are”.

Molly highlighted how it can be more difficult to bring a civil claim for compensation when the abuse is committed by a private tutor rather a teacher in a school because they are not employed by an authority or organisation.

“When we are faced with a claim for abuse by a teacher, the local authority or organisation that employs the teacher will be automatically liable for any assaults committed by the teacher. In the case of private tutors, there is no employer so any claim would need to be brought against the tutor themselves which can be very difficult,” she said.

Sexual abuse claims

If yourself or your child has been a victim of sexual abuse, you may be entitled to claim compensation.

Educational settings should be safe, happy, places where children and young people can learn and form positive relationships with adults and teachers.

However, unfortunately, abuse in these type of settings is not uncommon. While the general public have increased awareness about abuse and those working with children are subject to more vigorous safeguarding checks than they were in the past, abuse still happens.

There are also many people who have still not come forward to report abuse that happened to them years prior.

What compensation can I claim for?

At Oakwood Solicitors Ltd, we can help you claim compensation:

General damages – An award of money for the abuse/assaults themselves and for the pain, suffering and any psychological effects.
Special damages – An award for any specific financial losses we can prove, such as loss of earnings or the cost(s) of any treatment or counselling.
Aggravated damages – An additional award of money in certain cases where the court considers that there has been additional distress caused by the manner in which the abuse occurred.

Who can make a sexual abuse claim?

If you suffered sexual or physical abuse or assault, you may be able to claim damages in the form of monetary compensation. It does not matter if the abuse occurred many years ago.

If the person who suffered abuse is under 18, the claim can be brought by a parent or close relative.

I have reported the abuse to the police but they were unable to prosecute. Can I still claim?

The criminal process is different to the civil claims process. There are different evidential burdens in both processes, so just because the police did not take your complaint any further, it does not mean that you cannot pursue a civil claim.

The police may still have evidence that will support your civil claim, even if it was not enough for a criminal prosecution.

I am a parent and my child has suffered abuse at school recently. Can a claim be made now?

Yes. As the parent you will be able to deal with the claim on behalf of your child. Where a person under 18 brings a claim for compensation, they need to have what is known as a ‘Litigation Friend’.

If any compensation is recovered, it will in almost all cases be held by Court in a special account until the child reaches 18.

Why choose Oakwood Solicitors Ltd?

At Oakwood Solicitors, we have dedicated lawyers with over 20 years of experience, acting for survivors of sexual and physical abuse.

We understand how difficult it can be to bring a claim, and we are committed to dealing with your case in a sensitive way.

You will have a dedicated solicitor who will deal with your claim from start to finish, and who will be able to speak to you at times convenient to you – even if this is outside our normal office hours.

Calls for background checks on private tutors as 90 convicted of child abuse