BBK Manifesto 2025: Expand ‘position of trust’ roles to close sexual offence law loopholes
I represent survivors of sexual abuse and have seen first-hand the devastating impact when adults abuse roles of authority, power and trust. That is why I have long campaigned to close legal gaps that leave children vulnerable. In BBK’s Manifesto for Injured People, we urge the Government to extend the legal definition of ‘position of trust’ under the Sexual Offences Act 2003 to include driving instructors and those running community activities for children.
What does ‘position of trust’ mean?
Under UK law, it is illegal for adults in a ‘position of trust’ to engage in sexual activity with children in their care, even if the child is above the legal age of consent. Roles covered include teachers, care workers, youth justice staff, social workers and doctors. In 2022, the law was expanded to include religious leaders and sports coaches through an amendment to the Act.
This was a welcome step forward but loopholes remain. Driving instructors and those leading community activities for children are not covered, meaning it is not illegal for them to engage in sexual activity with a 16- or 17-year-old in their care.
Why these roles must be included
It took almost 20 years of campaigning before faith leaders and sports coaches were added to the list. It is unacceptable that similar roles remain excluded. Driving instructors often work alone with young people for extended periods and those running community activities can build strong influence and trust over time. Without legal protection, children in these situations remain at risk.
The legal gap in context
Sections 16 to 19 of the Sexual Offences Act 2003 define offences relating to abuse of position of trust. The 2022 amendment introduced section 22A, extending protections to adults in consistent roles in sport or religion who work with children.
However, these protections do not extend to tutors, youth workers, activity leaders or driving instructors, even though such roles also involve significant trust, authority and access to minors.
Why action is overdue
The changes in 2022 were driven by survivor testimony and high-profile campaigns. We should not have to wait decades more to close the remaining gaps. Driving instructors and those leading community youth activities should be subject to the same legal restrictions as sports coaches or faith leaders.
A call for change
Politicians must act to expand the definition of ‘position of trust’ to include these roles. This change would ensure a consistent level of protection for all children, regardless of the setting in which they interact with adults in authority. Leaving this loophole open continues to place children at unnecessary risk.
This blog is part of our 2025/26 Manifesto for Injured People. At Bolt Burdon Kemp, we support injured people not only by winning their cases but by driving change. Guided by our clients’ experiences and partnerships with charities across the UK, we are raising awareness of the change we need to see to better support injured people. We will continue working with politicians from all parties to ensure injured people’s needs are not overlooked in Westminster or beyond. You can read our full manifesto here.
