Teachers who have consensual sex with pupils should not face prosecution, says union

Daily Mail 6 October 2008

Child protection experts last night condemned a teachers' leader for saying that staff who have affairs with pupils over 16 should escape prosecution.

Chris Keates, general secretary of the National Association of Schoolmasters Union of Women Teachers, said teachers should not face jail for having sex with pupils who are over the age of consent.

Her comments, due to be broadcast tonight, have outraged child protection and parenting experts who accused her of disregarding the protection of children.

Miss Keates said: 'There is a real anomaly in the law that we are concerned about.

'If a teacher has a relationship with a pupil at the school at which they teach  -  it could be an 18 year- old pupil in the sixth form - then the teacher can be prosecuted and end up on the sex offenders register.

Teachers who have sex with sixth form pupils are only guilty of an 'error of professional judgement' and it is unfair to put them on the sex offenders register, she insists.

Affair: Dean Dainty, left, was 15 when he was seduced by dance teacher Nicola Prentice, right. He says the affair, which resulted in her walking free from court having been handed a 12-month suspended sentence, ruined his life

Her comments, due to be broadcast on Monday, have outraged child protection and parenting experts who accused the teachers' leader of failing to protect children.

Miss Keates said: 'This isn’t a person who is showing any tendencies for being a sex offender; this is a person who’s made a serious error of professional judgement. I don’t think they need to be criminalised by being put on a sex offender’s register.

'There is a real anomaly in the law that we are concerned about and that is that if a teacher has a relationship with a pupil at the school at which they teach – it could be an 18 year-old pupil in sixth form – then that teacher can be prosecuted and can end up on the sex offenders register.  

She told the ITV Tonight programme: 'Clearly there has to be appropriate disciplinary sanctions in the school where a teacher works to make sure that inappropriate relationships don’t develop, but it does seem a step too far - when there has been a consensual relationship - to put that person on a sex offenders register when in fact, they could have a perfectly legitimate relationship with an 18 year-old still enrolled at another school.'

Her criticism of the abuse of trust law, contained in the Sexual Offences Act, which makes it illegal for teachers to have sexual relationships with children in their care, was condemned last night by child safety organisations.

Zoe Hilton, policy advisor at the NSPCC, said 'The law is very clear that if a teacher abuses his or her position of trust by forming a sexual relationship with a pupil they could be prosecuted and this remains the case even if the child gives their consent. The law is, quite rightly, there to protect children.'

Author on parenting and children's rights, Lynette Burrows said:  'Where is her moral compass?

'Teachers who take advantage of a young girl or boy in their care should certainly face dismissal and prosecution.

'If there is no penalty what is there to stop teachers taking advantage of children and young people?

'This also sends out a message that this is ok for teachers to have a relationship with pupils.'

The mother of six, who is a former teacher, added: 'Children deserve our protection and we should expect a standard of behaviour in that position of responsibility that should be rigorously enforced in law.'

In 2001 the law was changed to make it illegal for teachers to have affairs with their pupils under the age of 18.

But a study by Sheffield University published in 2005 estimated that as many as 1,500 intimate relationships develop every year.

Dean Dainty, who was 16 when he had a sexual relationship with his 22-year-old drama teacher Nicola Prentice, says the teacher's abuse of her position wrecked his life.

In an interview for the programme he said: ‘Looking back now, I wish it had never all happened. It affected me in a big way, my personality and things, and I started to do stupid things after it and not be myself.

'It took me a long time to get myself back together – I suppose it took a piece of my life away really.’

Prentice received a suspended sentence and was made to sign the sex offenders register.

Yesterday Margaret Morrissey, from the campaign group Parents Outloud, said: 'It is wrong for a teacher to have a relationship with a student in their school, even one over the age of consent.

'I would have been less than impressed if a male teacher had started a relationship with my daughter while she was at school. However, there is a question as to whether they should be classed as a paedophiles and a risk that labelling them as such devalues the term.'

To Sir With Love is to be broadcast tonight (mon) on ITV1 at 8pm