Watchdog warns of unvetted foreign teachers

Nov 10 2007 by Abbie Wightwick, Western Mail

A LOOPHOLE which allows foreign teachers to work in Welsh schools without having to undergo a criminal background check is putting children at risk, a teaching watchdog warned yesterday.

The directive, introduced three weeks ago, allows EU nationals to work as teachers here for up to a year without having to prove they have no criminal convictions.

Mal Davies, chairman of the General Teaching Council for Wales, has written to Education Minister Jane Hutt and all 22 directors of education in Wales alerting them to the “loophole”.

In a report to the council yesterday, GTCW chief executive Gary Brace said, “Pupils are potentially at risk in Wales if one person seeking automatic registration via the temporary service provision route has committed criminal offences and chooses not to declare them, or in the worst case scenario, a person (who may or may not be a teacher) seeks to deliberately deceive the GTCW with false statements and declarations.

“The council would not be able to check with the person or demand documentation from them.

“Given concerns in Europe about paedophile rings and more recent concerns about the need to tighten checks on migrant workers in public services in order to counter the possibility of terrorism, the omission of the teaching profession from the declaration is astonishing.”

The declaration, which sets out what can be demanded of someone applying for temporary work of up to a year, says that only those working in the security sector can be asked for evidence of no criminal convictions, Mr Brace added.

In his letter to Ms Hutt, Mr Davies warns, “This does not fit with the current public protection arrangements which apply to teachers in Wales.

“We find it unacceptable that certain teachers from within the EU seeking to enter under the temporary service provision articles of the directive would be allowed to be registered without being so checked.

“The directive makes exceptional provision for professions which have public health and safety implications where professional bodies can require evidence before registering them.

“Given the priority that the UK and other European governments have given to protecting children from paedophiles, it is astonishing that teaching is not included in the list of exceptions.”

In the last financial year, 14 EU nationals have applied to work as teachers in Wales, although only two are known to be doing so, GTCW deputy chief executive Hayden Llewellyn said.

He also estimated around 90 EU nationals had applied to work here in the last few years.

Under the new directive, the GTCW is allowed to ask EU authorities if a teacher has been barred or is a member of a professional body, but the report to yesterday’s meeting warns many European countries do not have well developed criminal records for checking or even satisfactory qualification checks.

GTCW member Anne Robertson told the meeting, “We are dealing with a lot of immigration from Eastern Europe into Wales. We are quite possibly looking at issues where people have moved into Wales and are applying for jobs.”

Mr Davies said, “It is a very unfortunate situation. Even if we are only dealing with small numbers we would not want one (unsuitable teacher) to get through.

“In the EU, the principle of labour mobility seems to be the overriding consideration.”

One delegate at the meeting suggested the GTCW should write to all headteachers in Wales alerting them to the issue. Another claimed supply- teacher recruitment agencies did not always carry out the proper suitability checks. Mr Llewelyn said the GTCW had written to agencies alerting them to the issue.

A Welsh Assembly Government spokesperson said, “At the latest liaison meeting with the GTCW, Assembly Government officials assured the council that the EU directive does include safeguards.

“When dealing with an application to teach in Wales, the GTCW can ask their equivalent in the applicant’s home country for conformation that the temporary worker has a teaching qualification and that he/she was not prohibited from teaching.

“The council would also be able to undertake a full CRB (Criminal Records Bureau) check once the temporary worker was registered. In addition, employers are expected to undertake a CRB check before taking on a temporary worker’s services.”