Loophole lets trans criminals hide offences
Convicts can lie to avoid their past being checked when applying to work with children, report finds
CRIMINALS who claim they are transgender can use a “loophole” to hide previous convictions when applying to work with children, The Sunday Telegraph can reveal.
Men who self-identity as women and vice versa are able to withhold their birth name and sex when applying for jobs including in schools, nurseries and hospitals.
Criminal record checks are only carried out on previous identities if the individual personally notifies officials of their past, a report by Keep Prisons Single Sex (KPSS) has found.
It means criminals willing to lie about changing their name can avoid their convictions being discovered.
Special processes for transgender people mean even if an employer suspects someone has changed gender, they cannot check if they have disclosed their previous identities to the Disclosure and Barring Service (DBS).
The report warns the system could be abused by “nefarious criminals” wanting to gain access to children and vulnerable young people.
One of the report’s authors, who is responsible for safeguarding as part of her employment, said it creates a “massive loophole” that allows people to “burn their previous identities”. By putting the onus on the individual, it “destroyed confidence in the system”.
Ministers are reviewing a loophole in the legislation that relies on sex offenders notifying authorities when they change their names by deed poll, but have so far refused to consider issues created by a gender change.
The report warns the change of both name and gender, which can be done on the basis of self-identification, allows an extra layer of privacy that means an employer will never be told or be able to verify that previous identities have been checked.
Allowing birth sex to be removed also presents a “particular risk including where protections for women and children are concerned”.
Miriam Cates, Tory MP for Penistone and Stocksbridge, and a former teacher, warned: “If predators can evade scrutiny by changing their name or claiming to be the opposite sex, we can be sure that this DBS loophole will be abused and children will be harmed.”
The DBS, a part of the Home Office that carries out the checks, set up a “sensitive applications route” for people who are transgender. This includes anyone who has self-declared they have a new name and gender identity, as well as those who have gone through the legal process of obtaining a Gender Recognition Certificate.
They are asked to call and tell officials about their previous identities, but are the only group of applicants who are not forced to list their previous identities on the application form.
The report warns: “The current DBS system relies on the assumption these disclosures will be made accurately and fully, when there are reasons why they might not be. Omission could be deliberate, including for nefarious reasons.”
Dr Kate Coleman, director of KPSS, said that the “enhanced privacy rights” granted to individuals who say that they are transgender means that there is “no guarantee” that the information on a criminal record check is correct.
A spokesman for the DBS said: “The Disclosure and Barring Service provides a sensitive applications process under the Gender Recognition Act (2004) for transgender applicants.
“The previous identities (including the birth sex) of transgender individuals are legally protected.
“Our sensitive applications route allows these applicants to provide their full information to DBS whilst not disclosing this information to a prospective employer.”