Within the last week, the BBC have reported that over the past 20 years more than 90 private tutors working in the UK have been previously convicted of sexual offences involving children. Dame Rachel de Souza, the children’s commissioner for England, is now calling for reform in light of the BBC’s findings. Currently, there is no legal requirement for people offering private lessons to undergo any kind of criminal record check before working with children and young people.
No legal definition exists of “tutor” and anyone can set themselves up as one. This also applies to many other professional-sounding titles such as “counsellor” or (one which might shock you slightly more because it sounds kind of medical) a “psychotherapist”. These are not legally-protected terms and the gravitas which people tend to assume they embody is entirely imagined. This is not true of all professional services. To take one example, I regularly see an osteopath. By law, to call himself an osteopath, the person that I see must be registered with the General Osteopathic Council (GOsC), which only accepts practitioners who have a qualification in osteopathy that is recognised by them. They must also comply with their standards of practice. Osteopathy is therefore a regulated health profession and you can look up the details of this on the NHS website.
While a professional body for tutoring with proper checks and a Code of Practice does exist in the form of The Tutors’ Association, membership is entirely voluntary and is shockingly small in comparison with the number of adults who are actively marketing themselves as a “tutor” and taking people’s money for their services. This should give all of us pause. One of the things that has troubled me most about leaving the teaching profession and switching to self-employment is the feeling of being in the wild west when it comes to safeguarding and due diligence. All you need to do is to take a sweep through Facebook chat rooms to discover hundreds of self-employed tutors chatting openly and almost proudly about how membership of a professional body such as The Tutors’ Association “isn’t worth it” and how the process of acquiring a DBS check “isn’t necessary” either. For the record, my membership of The Tutors’ Association costs me just over £8 per month – that’s around the same amount that I pay for my Fellowship with the Chartered College of Teaching. (The latter, by the way, does not require me to update evidence of my criminal record check – The Tutors’ Association now does). The DBS update service – which renews my criminal record check every year – costs me just over £1 per month. Getting your first check done and getting onto the update service when you’re self-employed is a little more onerous and expensive at the outset, but that is something which The Tutors’ Association can do for you, as can a paid membership organisation such as Qualified Tutor. To be brutally frank, there is zero excuse for a tutor not to have invested in an enhanced DBS check if they are to call themselves a professional: if you’re currently paying a tutor who baulks at the question when you ask them, I would advise you to sever all ties with them immediately.
One of the things that has been most striking about the news reports has been people’s incredulity that these checks and legalities do not currently exist. So cushioned are we by the robust processes that do exist in vetting the adults that work with our children in schools, we perhaps tend to assume that this situation must apply to all walks of life. Do we forget that legislation does not control every single facet of our private lives? “I guess I kind of assumed there was some sort of protection in place,” said one parent interviewed by the BBC. In truth, if a parent employs a private tutor without researching their credentials, they are inviting a random stranger to work with their child.
It is perfectly legal to market oneself as a tutor with no relevant qualifications – be they in one’s subject or in teaching or education – and it is also legal to do so without a criminal record check. Finally, and this is what will upset and shock people the most, it is legal for a person to do so if they have already been convicted of offences that would disbar them from working in a school. The BBC investigation found that, over the past 20 years in the UK, 92 working private tutors have been convicted of sexual offences involving children. The figures, which the BBC obtained by combing through newspaper reports and court filings, are very likely to be an underestimate.
It is often said that an enhanced DBS check is the bare minimum that anyone working professionally with children should have, and I completely agree. All a DBS certificate proves is that the holder of the certificate has no prior convictions for a crime that would disbar them from working with children in a school or through other official services (social services, the police etc). Nothing more, nothing less than that. Beyond that basic minimum check for prior convictions, it relies again on the professionalism of the tutor to ensure that their own knowledge and understanding is up-to-date, both when it comes to their own professional knowledge and when it comes to safeguarding. I was privileged last week to attend the in-person safeguarding training held at the school in which I used to work. I am a regular visitor to the school, so it’s good for them that I was a part of this training and it’s good for me too. It keeps me informed and supplements the regular training that I keep up with online, which is detailed on my website under safeguarding.
I would appeal to all those employing the private services of a tutor to do their due diligence and ensure that anyone they employ to work with their children is – as a bare minimum – in possession of an up-to-date criminal record check. Personally, I would also ask them what safeguarding training they have undertaken within the last two years. Can they evidence it? Beyond that, I would also quiz them about what relevant and direct experience they have with the specific qualification they are claiming to be able to help my child with. Because believe you me, there are an awful lot of cowboys out there.
John Nichols, President of The Tutors Association, on BBC breakfast last week
