A recent BBC investigation found that a man charged with sexual assault has been advertising himself as a private tutor for children in maths and science, despite bail conditions prohibiting any contact with minors. Another case was found involving a former teacher, banned from the classroom by a disciplinary panel, who is currently advertising one-on-one online tutoring sessions. A previous BBC report revealed over 90 private tutors had been convicted of sexual crimes against children in the past two decades. Should these people apply for positions in a school or other business dealing with children, their record would be detected when they have an enhanced disclosure check. However, a loophole means that it is legal for them to work as private tutors with no checks whatsoever.
Lack of Mandatory DBS Checks
Currently, private tutors are not legally required to undergo Disclosure and Barring Service (DBS) checks unless their employer or a requesting organisation initiates it. Tutors who work through an employment agency or other portal which matches students to tutors will have a DBS check as this can be requested through their employer. Someone who is self-employed however can only request a basic disclosure, which should still show up a history of sexual or violent offending. However, there is no legal requirement to have any sort of DBS check to work as a private tutor, whatever the age of the children or young people concerned.
England’s Children’s Commissioner Dame Rachel de Souza has said that she would support a system of mandatory DBS checks for all private tutors. The Tutors’ Association, a voluntary organisation representing over 50,000 UK tutors, requires its members to have enhanced DBS checks, but this is not an industry-wide standard.
Parent and Student Concerns
The BBC’s initial report prompted responses from several individuals who shared experiences of abuse or inappropriate conduct by private tutors. One anonymous contributor described being inappropriately touched by a tutor at age 12, while a parent said that she had sacked her child’s tutor for inappropriate behaviour, only to later discover the tutor had been reported for physical assault by another family. Some tutors voiced support for the ability to obtain enhanced DBS checks to reassure clients, noting that currently only employers or approved organisations can initiate this type of check.
The government has stated that it expects tutoring agencies to follow safeguarding guidance, including undertaking DBS checks, and the Department for Education is now considering further action.
Advice for Parents and Families
No legislation change is going to happen overnight, and until them, the onus is on parents to make sure that the tutor they employ is safe to be around their child. One of the best ways of doing this is employing a tutor who is also working as a teacher in a local school or college, as you know they will have been checked thoroughly for that role. Ensure the tutoring takes place in a kitchen or dining room not a bedroom, and for younger children, a parent sitting quietly in the room is an appropriate safeguarding measure.
