keep Automatic prohibition: conditions and offences
These Regulations amend the Education (Prohibition from Teaching or Working with Children) Regulations 2003 to establish an automatic prohibition regime for individuals working with children. They create six conditions (A-F) based on criminal convictions, inclusion on child protection lists, disqualification orders, and certain offences. The Secretary of State must direct prohibition when conditions are met, with procedural safeguards including rights to make representations (for conditions D-F) and appeal mechanisms. The Regulations also define relevant offences in detailed Schedules covering sexual offences, murder, and other crimes against children across England, Wales, Scotland, and Northern Ireland.
Child protection is a legitimate core government function, and deleting this regulation would allow individuals convicted of serious offences against children—including rape, sexual assault, and child sex offences—to work in educational settings. While the classical liberal tradition recognizes that regulations can create unintended consequences, this regulation achieves its protective purpose through a structured system with due process protections (representations, appeals, Tribunal review) that balance child safety with individual rights. The alternative—a purely market-based approach to hiring teachers—cannot adequately protect children from known dangers, as individual schools cannot reliably access comprehensive criminal intelligence. The costs of deletion (potential child abuse) far exceed the regulatory burden on individuals who have already been found by the state to have committed serious offences.