19 January 2006

Complications

It's a relatively minor point but consider this extract from Ms Kelly's statement today:
"I will shortly bring forward regulations automatically to enter on List 99 anyone who is convicted or cautioned for a sexual offence against a child. I will also automatically bar individuals for a range of other serious sexual offences against adults. By including cautions as well as convictions the anomaly between offenders who are convicted and those who admit their guilt and accept a caution will end. Individuals will have the right to make representations but they will need to prove that they are not a threat to children before they can work in a school or other education establishment. I shall consult widely on the detailed implementation of this measure."

There are two mentions of "automatically" in this paragraph. But how can someone be barred automatically when they are entitled to make representations against such barring? If the representations were successful, then presumably a convicted sexual offender or someone having received a caution could end up working in a school. Is such a process significantly different from the current procedures? Admittedly, it would not be Ministers making the decision but there would appear to remain a mechanism whereby sexual offenders could end up working in a school.

Ms Kelly's full statement is here.

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