Baroness Smith of Malvern (Lab)

My Lords, I have considerable sympathy for the concerns expressed through the amendments in this group, tabled by my noble friend Lord Knight of Weymouth. I hope I can provide some assurance about how the system operates in order to minimise the risks that noble Lords have identified here. On Amendment 436ZA, Clause 45 captures individuals who are or have at any time been employed or engaged to carry out any teaching work at specific institutions in England. This clause ensures that those who commit serious misconduct are investigated where appropriate and prevented from carrying out teaching work. I understand the intention of this amendment to expand the regulatory regime to cover those who have worked overseas, although I understand that, on a technical basis, the amendment as written would not have that effect. The existing regulatory regime applies to teachers in England and is operated by the TRA on behalf of the Secretary of State. The department’s view is that it would be wrong for the Secretary of State to regulate the teaching profession overseas. The Keeping Children Safe in Education statutory guidance already clearly sets out the legal requirements placed on schools and colleges to carry out pre-appointment checks when employing staff from overseas. This responsibility on schools goes further than the noble Baroness suggested in her remarks. It includes obtaining an enhanced DBS certificate, even if the individual has never been to the UK. In addition, schools and colleges must make any further checks they think are appropriate, so that any relevant events that occurred outside the UK can be considered. These checks would include, where available, criminal record checks for overseas applicants—the Home Office publishes guidance on that—and obtaining a letter from the professional regulating authority where the applicant has worked confirming that it has not imposed any sanctions or restrictions and/or that it is unaware of any reason why they may be unsuitable to teach. Amendment 436ZB would introduce a new requirement for the Secretary of State to take reasonable efforts to include any changes of names on the prohibition list for the reasons that my noble friend outlined. There is already provision in legislation for the prohibition list to contain other such information in relation to the persons whose names are included on the list. Schools are already legally required to carry out a range of pre-appointment checks that can help to identify a name change. If a person changes their name, any legal documents need to be updated, such as a passport and driving licence. Keeping Children Safe in Education makes it clear that schools must verify a candidate’s identity to be sure that the person is who they claim to be, and that includes being aware of the potential for individuals to change their name. Best practice is checking the name on their birth certificate, where that is available. I understand, as I said at the beginning, the concerns of noble Lords. I hope I have provided some reassurance about the processes that are in place. I urge my noble friend not to press his amendments, but I would be willing to continue the conversation to provide some assurance around the issues that he raised through them.