Illegal, or not?

picturehangup

It has come to my attention that a person I know has been advertising, falsely, on their website, that they have a qualification to deliver a service that I know for certain, that they do not possess. It is not a regulated industry at this point in time. Is this illegal, does anyone know?

karlitob

picturehangup wrote: »

It has come to my attention that a person I know has been advertising, falsely, on their website, that they have a qualification to deliver a service that I know for certain, that they do not possess. It is not a regulated industry at this point in time. Is this illegal, does anyone know?

No

Peregrinus

But with other facts it could be. For example, if I represent to you that I am a fully qualified Master Widgetfixer, certified by the Guild of Widgetfixers, and in reliance on that representation you pay me to fix your widget, and in fact I have no widgetfixing qualifications, that is fraudulent, since I have obtained money from you dishonestly.

Lmkrnr

Probably an Influencer, you don't need college for that.

joeguevara

What are they advertising and what is the non regulated industry?

GerardKeating

Peregrinus wrote: »

But with other facts it could be. For example, if I represent to you that I am a fully qualified Master Widgetfixer, certified by the Guild of Widgetfixers, and in reliance on that representation you pay me to fix your widget, and in fact I have no widgetfixing qualifications, that is fraudulent, since I have obtained money from you dishonestly.

Might also be issues with the Advertising Standards Authority for Ireland.

Presumably whatever body offers the qualification would be interested - it might not start legal proceedings but a letter could be enough.

Peregrinus

The qualification, and the body that awards it, may both be entirely imaginary. There isn't enough detail in the OP to know.

picturehangup

The person is basically masquerading as a fully qualified teacher, working with students of all ages on a one-to-one basis. Nor is s/he Garda vetted.

Peregrinus

Right. Presumably they are offering private grinds, that kind of thing, rather than seeking an employed position or contract work as a teacher in a school?

What exactly are they saying about their qualification?

con747

How could you possibly know if they are Garda vetted or not.

L1011

GerardKeating wrote: »

Might also be issues with the Advertising Standards Authority for Ireland.

Toothless waste of time

Sleeper12

picturehangup wrote:

It has come to my attention that a person I know has been advertising, falsely, on their website, that they have a qualification to deliver a service that I know for certain, that they do not possess. It is not a regulated industry at this point in time. Is this illegal, does anyone know?

It's illegal to claim that you are RGI when you are not but not illegal to claim that you are a plumber.

If it's not regulated then it's unlikely to be illegal

Sleeper12

picturehangup wrote:

The person is basically masquerading as a fully qualified teacher, working with students of all ages on a one-to-one basis. Nor is s/he Garda vetted.

There are very few people working with children, professionally or on a voluntary basis, that aren't Garda vetted

FishOnABike

Sleeper12 wrote: »

There are very few people working with children, professionally or on a voluntary basis, that aren't Garda vetted

If they are working for some organisation the organisation would apply for Garda vetting. If they are working independently they may not necessarily be vetted.

Victor

picturehangup wrote: »

The person is basically masquerading as a fully qualified teacher, working with students of all ages on a one-to-one basis. Nor is s/he Garda vetted.

A chat with the Teaching Council might be useful. https://www.teachingcouncil.ie/

jarvis

How about this for an idea... just leave them alone unless your strangely detailed knowledge of them means you know them to be a danger to children.

ohnonotgmail

Victor wrote: »

A chat with the Teaching Council might be useful. https://www.teachingcouncil.ie/

why? Teaching isn't a regulated profession. Anybody can call themselves a teacher.

picturehangup

picturehangup wrote: »

It has come to my attention that a person I know has been advertising, falsely, on their website, that they have a qualification to deliver a service that I know for certain, that they do not possess. It is not a regulated industry at this point in time. Is this illegal, does anyone know?

Breach of SOGSOS



https://www.youtube.com/watch?v=DTQxc1-tiFY&t=151s

picturehangup

SoulWriter wrote: »

Breach of SOGSOS



https://www.youtube.com/watch?v=DTQxc1-tiFY&t=151s

SoulWriter, thanks so much for that.
This person has opened a 'school', and claims to be qualified, to deliver quality lessons. And worse, is claiming that others employed by him to deliver similar have qualifications when they do not. In fact, the website states that they have degrees, when one 'teacher' has only completed the LC last year. What a joke!The entire community here is completely hoodwinked into paying for what they believe is a quality service.

athlone573

Teachers need to be garda vetted, assuming it's under 18s you're talking about

Now it sounds to me like you have an axe to grind

But as a parent it would be valid to raise concerns if you felt that children were potentially being put at risk.

jimmycrackcorm

athlone573 wrote:

Teachers need to be garda vetted, assuming it's under 18s you're talking about

Schools require Garda vetting. Otherwise no.

athlone573

jimmycrackcorm wrote: »

Schools require Garda vetting. Otherwise no.

Not my understanding - anyone dealing with children one-to-one should be vetted including sports coaches etc, the employer/organisation should ensure this.

picturehangup

picturehangup wrote: »

SoulWriter, thanks so much for that.
This person has opened a 'school', and claims to be qualified, to deliver quality lessons. And worse, is claiming that others employed by him to deliver similar have qualifications when they do not. In fact, the website states that they have degrees, when one 'teacher' has only completed the LC last year. What a joke!The entire community here is completely hoodwinked into paying for what they believe is a quality service.

It may be in breach of other legislation too. For example claiming to be medical doctor if you were not it would be the Medical Council who would investigate. I see someone pointed you to the Teaching Council, maybe they can advise. Possibly criminal if fraud, i don't know

See page 9 at https://www.education.ie/en/The-Education-System/Qualifications-Recognition/Contact-List-Mutual-Recognition-of-Professions.pdf

ohnonotgmail

ohnonotgmail wrote: »

why? Teaching isn't a regulated profession. Anybody can call themselves a teacher.

it is https://www.citizensinformation.ie/en/returning_to_ireland/starting_work/Recognition_of_professional_qualifications_in_ireland.html

athlone573

athlone573 wrote: »

Not my understanding - anyone dealing with children one-to-one should be vetted including sports coaches etc, the employer/organisation should ensure this.

And who pray tell is the employer here?

You can't garda vet yourself, your employer has to request it. Garda vetting is carried on on request of certain registered bodies, and is not carried out for individuals or on a personal basis.

Sleeper12

jimmycrackcorm wrote:

Schools require Garda vetting. Otherwise no.

As far as I know it's a legal requirement for anyone working with children or volunteering with children

Sleeper12

Jeremy Beagle wrote:

You can't garda vet yourself, your employer has to request it. Garda vetting is carried on on request of certain registered bodies, and is not carried out for individuals or on a personal basis.

Two sisters mind children after school in their own homes. Both are their own boss and each are Garda vetted

spookwoman

https://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/data_protection_at_work/garda_clearance_for_employees.html

Anyone who works or volunteers with children and vulnerable adults must go through Garda vetting. This is a process to check whether you have a criminal record, or if there is any specified reason why you might pose a threat to vulnerable people.

You must be Garda vetted if your work or activity at a relevant organisation involves access to children or vulnerable adults. This includes staff, contractors, agency workers (pdf), volunteers, and anyone on a student placement or apprenticeship in:

Childcare services
Schools
Hospitals and health services
Residential services or accommodation for children or vulnerable people
Treatment, therapy or counselling services for children or vulnerable people
Services that provide leisure, sporting or physical activities to children or vulnerable people
Services that promote religious beliefs

Sleeper12

Sleeper12 wrote: »

Two sisters mind children after school in their own homes. Both are their own boss and each are Garda vetted

Not legally possible, unless they got vetted through one of the prescribed organisations. Vetting is also a point in time process, just because I was vetted 10 years ago, or even last week, doesn't mean I'm vetted now.

Lenar3556

[Deleted User] wrote: »

Not legally possible, unless they got vetted through one of the prescribed organisations. Vetting is also a point in time process, just because I was vetted 10 years ago, or even last week, doesn't mean I'm vetted now.

They possibly had the process carried out by Barnardos, on behalf of Child Minding Ireland (a representative body for child minders).

Unless they are Tusla registered childminders, (of which there are very few) there is no legal requirement for them to undergo the Garda vetting process.

Indeed if vetting was carried out on a self employed child minder and it disclosed convictions of concern, they can simply ignore it and carry on their business.

Garda Vetting is not as comprehensive a process as some believe.

Lenar3556

Sleeper12 wrote: »

As far as I know it's a legal requirement for anyone working with children or volunteering with children

In many cases yes, but not all. Childminding or an individual providing private tuition would be examples of cases which are largely outside the scope of the process.

Pringles123

picturehangup wrote: »

SoulWriter, thanks so much for that.
This person has opened a 'school', and claims to be qualified, to deliver quality lessons. And worse, is claiming that others employed by him to deliver similar have qualifications when they do not. In fact, the website states that they have degrees, when one 'teacher' has only completed the LC last year. What a joke!The entire community here is completely hoodwinked into paying for what they believe is a quality service.

If it is a private type school that has students full time during the day and is following the irish curriculum than it is open to inspection by the department of education and i would contact them.

If its a grinds school I dont know how much options there are. People often pay college students for extra tuition knowing theyre not teachers.