He, and an unknown number of others on the sex offenders register, were not on the DfES prohibited list, “List 99”.[25] On 13 January, Kim Howells, a Minister of State at the DfES, admitted that it was he who had actually made the decision, in accordance with advice given to him by civil servants that the “person did not represent an ongoing threat to children but that he should be given a grave warning”. In response to the critical media coverage surrounding the issue, Downing Street issued a statement confirming their confidence in Kelly and denying rumours that she was to be replaced.[26]There was further controversy when it transpired that another teacher, William Gibson, 59, who had been cleared to work at Portchester School in Bournemouth despite the fact that he had been convicted in 1980 for indecent assault on a 15 year old girl and had been previously removed from three schools. A letter from the Department for Education that suggested the Secretary of State had considered his case and found that although his past actions had been unwise and unacceptable, he had undertaken teaching work to good effect since.[27]Main article: Education and Inspections Act 2006A notable controversy in Ruth Kelly’s time at the DfES was the proposed introduction of Trust schools.

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