Last week education secretary Ruth Kelly announced plans to bring in new regulations in the next few weeks to ensure that anyone working with children who has been cautioned or convicted for a sex offence will automatically be placed on List 99 and barred from working in schools or with children.
However, because services for children over the age of eight are not regulated by Ofsted, their staff are not subject to Criminal Records Bureau checks.
Anne Longfield, chief executive of 4Children said, 'It is likely that some of those working with older children may not be police-checked. In a less formal out-of-school environment, this will raise concerns for many parents. This is a particularly important issue at the moment, as plans for extended activities around schools are rolled out across the country.'
She said that the Childcare Bill proposal to introduce a new voluntary Ofsted register would address this partially. But she added, 'The new system will remain voluntary, however, meaning that the potential for some to remain outside the system remains.'
The Professional Association of Teachers said it welcomed the news that under the new system parents, acting as employers, would be able to carry out instant online checks on tutors to find out if they were barred from working with children.
PAT general secretary Philip Parkin said, 'We hope that nannies will also be covered by this legislation. PAT has been calling for a single register covering all parts of the UK and all teachers, support staff, tutors and childcarers working with children, young people or vulnerable adults in any setting, including nurseries and children being looked after in their own home.'