Safer Recruitment Policy
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Safer Recruitment Policy


PLEASE NOTE THAT NEW EMPLOYEES WILL BE NOT BE ALLOWED TO ENTER COTTESMORE SCHOOL PREMISES OR TO WORK WITH COTTESMORE SCHOOL CHILDREN IF ALL OF THE COTTESMORE SCHOOL SAFER RECRUITMENT CHECKS HAVE NOT BEEN COMPLETED, EVEN IF IT MEANS THAT THE NEW EMPLOYEE CANNOT START AT THE AGREED TIME. COTTESMORE SCHOOL WILL MAKE OTHER STAFFING ARRANGEMENTS IF THIS IS THE CASE. IN THE VERY UNLIKELY CASE THAT COTTESMORE NEEDS TO BREACH THIS STRICT POLICY, THE SAFER RECRUITMENT: PENDING DBS CHECK POLICY AND RISK ASSESSMENT WILL BE USED. THIS IS TO THE RIGHT ON THIS WEB PAGE UNDERNEATH THE COTTESMORE SCHOOL SAFER RECRUITMENT QUICK REFERENCE TICK LIST.

A LARGE COPY OF THE COTTESMORE SCHOOL SAFER RECRUITMENT QUICK REFERENCE TICK LIST IS PINNED OVER THE DESKS OF ALL STAFF MEMBERS INVOLVED WITH THE ADMINISTRATION OF RECRUITING NEW EMPLOYEES: RECRUITMENT ADMINISTRATION PERSONNEL INCLUDE THE HEAD, THE SCHOOL SECRETARY, THE BURSAR, THE BURSAR'S SECRETARY AND THE PRINCIPAL OF THE PRE-PREP. THE DOCUMENT IS ALSO UNDER DOWNLOADS ON THE RIGHT ON THIS WEBPAGE. THE COTTESMORE SCHOOL SAFER RECRUITMENT QUICK REFERENCE TICK LISTALSO HAS ITS OWN WEBPAGE: http://www.cottesmoreschool.com/pastoral-care/safer-recruitment-quick-reference-tick-list 

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Notes

Cottesmore's Safer Recruitment Poilcy should be used in conjunction with Cottesmore’s Child Protection Safeguarding Policy: http://www.cottesmoreschool.com/pastoral-care/child-protection-safeguarding-policy

This document closely follows the DfE guidance in Keeping Children Safe in Education - Statutory Guidance for Schools, April 2014

Consultants

The following personnel have advised on various aspects of this document:

  • DfE  - Michelle Millar, Lawyer, Safeguarding Law Team, Legal Adviser's Office, Department for Education 
  • Atlantic Data (DBS approved) Arjan Ali http://www.atlanticdata.co.uk/
  • Veale Wasbrough Vizards Law Firm - John Deakin, specialist in education law
  • Safeguarding In Schools: consultant Andrew Hall www.safeguardinginschools.co.uk/
  • Vice-Chairman of Governors Handcross Primary School: WPC Fowler

Document Review Dates

A regular review of this policy will take place on 1st September each year.

This document was last reviewed on 01.09.16.

 

Monitoring of Safer Recruitment Process Documents

The proprietor will sample a selection of documents at the beginning of each term. The proprietor will sign these checked files.

The Headmaster will sign the Single Central Register when checks on individuals are complete.

 

Contents

1. Recruitment, selection and pre-employment vetting

2. Types of Check (1) - Disclosure and Barring Service (DBS checks)

3. Types of Check (2) - Secretary of State Prohibition Orders

4. Pre-appointment Checks (1): All New Appointments to Regulated Activity

5. Pre-appointment Checks (2): Employment History and References

6.Pre-appointment Checks (3): Single Central Record

7. Pre-appointment Checks (4): Individuals Who Have Lived or Worked Outside the UK

8. Pre-appointment Checks (5):Agency and Third-party Staff

9. Pre-appointment Checks (6): Trainee/student teachers

10. Pre-appointment Checks (7): Existing staff

11. Pre-appointment Checks (8): Volunteers

12. Pre-appointment Checks (9): Governing Advisors

13. Pre-appointment Checks (10): Contractors

14. Pre-appointment Checks (11): Visitors

15. Pre-appointment Checks (12): Adults who supervise children on work experience

16. Pre-appointment Checks (13): Proprietors of independent schools

17. Pre-appointment Checks (14): Children Staying with Host Families

18.  Pre-appointment Checks (15): Adults who are not employed by the school and live in boarding accomodation

 

1. Recruitment, Selection and Pre-employment Vetting

 

46. It is vital that Cottesmore School creates  a culture of safe recruitment and, as part of that, adopt recruitment procedures that help deter, reject or identify people who might abuse children. This part of the guidance describes in detail those checks that are, or may be, required for any individual working in any capacity at, or visiting, Cottesmore School. The School will act reasonably in making decisions about the suitability of the prospective employee based on checks and evidence including:

1. Criminal record checks (DBS checks)

2. Barred List Checks

3. Prohibition Checks*18

4. References

5. Interview Information.

47.The level of DBS check required, and whether a prohibition check is required, will depend on the role and duties of an applicant to work at Cottesmore School, as outlined in this guidance.

48.For most appointments, an enhanced DBS check with barred list information will be appropriate as the majority of staff will be engaging in regulated activity. A person will be considered to be in regulated activity if as a result of their work they:

  • will be responsible, on a regular basis, in any setting for the care or supervision of children; or
  • will regularly work in at Cottesmore School at times when children are on the Cottesmore School premises (where the person’s work requires interaction with children, whether or not the work is paid (unless they are a supervised volunteer), or whether the person is directly employed or employed by a contractor); will regularly come into contact with children under 18 years of age.

49. At Cottesmore School a supervised volunteer who regularly teaches or looks after children is not in regulated activity. The Department for Education (DfE) has published separate statutory guidance on supervision and regulated activity which Cottesmore School should have regard to when considering which checks should be undertaken on volunteers. This is set out at Annex D*19.

*18

Regulations 12 and 24 of the School Staffing (England) Regulations 2009, for maintained schools, applied to the management committee of pupil referral units through the Education (Pupil Referral Units) (Application of Enactment) (England) Regulations 2007. The Education (Independent School Standards) (England) Regulations 2010, Schedule 1, Part 4 apply to independent schools, including free schools and academies.

*19

‘Supervised’ and ‘unsupervised’ have a particular meaning in relation to regulated activity.

Note on Regulated Activity: The full legal definition of regulated activity is set out in Schedule 4 of the Safeguarding Vulnerable Groups Act 2006 as amended by the Protection of Freedoms Act 2012. HM Government have produced a factual note on Regulated Activity in relation to Children: scope. Regulated activity includes: (a) teaching, training, instructing, caring for (see (c) below) or supervising children if the person is unsupervised, or providing advice or guidance on well-being, or driving a vehicle only for children, (b) work for a limited range of establishments (known as ‘specified places’, which include Cottesmore School), with the opportunity for contact with children, but not including work done by supervised volunteers; Work under (a) or (b) is regulated activity only if done regularly*20 Some activities are always regulated activities, regardless of their frequency or whether they are supervised or not. This includes: (c) relevant personal care, or health care provided by or provided under the supervision of a health care professional: (c1) personal care includes helping a child, for reasons of age, illness or disability, with eating or drinking, or in connection with toileting, washing, bathing and dressing *21; (c2) health care means care for children provided by, or under the direction or supervision of, a regulated health care professional.

 

50. In addition to the DBS checks described, anyone who is appointed to carry out teaching work will require an additional check to ensure they are not prohibited from teaching. See the pre-appointments section which follows.

*20

The Safeguarding Vulnerable Groups Act 2006 provides that the type of work referred to at (a) or (b) will be regulated activity if “it is carried out frequently by the same person” or if “the period condition is satisfied”. Paragraph 10 of Schedule 4 to this Act says the period condition is satisfied if the person carrying out the activity does so at any time on more than three days in any period of 30 days and, for the purposes of the work referred to at (a), it is also satisfied if it is done at any time between 2am and 6am and it gives the person the opportunity to have face to face contact with children. “Frequently” is not defined in the Act, but the Guidance Regulated Activity in relation to Children: scope describes “frequently” as doing something once a week or more.

 

*21

 It is not intended that personal care includes such activities as, for example, parent volunteers helping with costumes for school plays or helping a child lace up football boots.

 

 2. Types of Check (1) – Disclosure and Barring Service (DBS)

51. The DBS is responsible for administering three types of checks (see Annex E in Keeping Children Safe in Education for more information):

·         Standard: a check of the Police National Computer (PNC) records of convictions, cautions, reprimands and warnings;

·         Enhanced: a check of the PNC records as above, plus other information held by the police that is considered relevant by the police; and

·         Enhanced with barred list information: for people working in regulated activity with children. This adds checks of the DBS Children’s Barred List to the enhanced check.*22

(More information is available on the DBS website)

52. When the DBS has completed its check of an applicant’s PNC record and, if appropriate, whether or not they are on the barred list, the relevant information will be recorded on a certificate (the DBS certificate) that is sent to the applicant. The applicant must show the DBS certificate to their potential employer before they take up post or as soon as practicable afterwards. If Cottesmore School allows an individual to start work in regulated activity before the DBS certificate is available then they should ensure that the individual is appropriately supervised and that all other checks, including a separate barred list check, have been completed.

53. If Cottesmore School knows or has reason to believe that an individual is barred, it commits an offence if it allows the individual to carry out any form of regulated activity.*23 There are penalties of up to five years in prison if a barred individual is convicted of attempting to engage or engaging in such work.*24

 

 3. Types of Check (2) - Secretary of State Prohibition Orders

 

54. Prohibition orders prevent a person from carrying out teaching work at Cottesmore School.*25 A person who is prohibited from teaching must not be appointed to work as a teacher in such a setting. A check of any prohibition can be carried out using the Employer Access Online Service*26 Prohibition orders are described in the National College for Teaching and Leadership’s (NCTL) publication Teacher misconduct: the prohibition of teachers.

*22

The DBS maintains ‘barred lists’ of individuals who are unsuitable for working with children and adults. The DBS lists replace the lists maintained by the former Independent Safeguarding Authority.

*23

Section 9, Safeguarding Vulnerable Groups Act 2006.

*24

Section 7, Safeguarding Vulnerable Groups Act 2006.

*25

Prohibition orders are made by the Secretary of State under section 141B of the Education Act 2002. Those made by the General Teaching Council for England (GTCE) prior to April 2012 have the same effect.

55. Prohibition orders are made by the Secretary of State following consideration by a professional conduct panel convened by NCTL. Pending such consideration, the Secretary of State may issue an interim prohibition order if he considers that it is in the public interest to do so.

 

 4. Pre-appointment Checks (1):

All New Appointments to RegulatedActivity

 

56. An offer of appointment to a successful candidate, including one who has lived or worked abroad, must be conditional upon satisfactory completion of pre-employment checks.

 

57. When appointing new staff, Cottesmore School must:

 

  • verify a candidate’s identity, preferably from current photographic ID and proof of address except where, for exceptional reasons, none is available;

 

  • obtain a certificate for an enhanced DBS check with a barred list information where the person will be engaging in regulated activity; *27

 

  • obtain a separate barred list check if an individual will start work in regulated activity before the DBS certificate is available;

 

  • check that a candidate to be employed as a teacher is not subject to a prohibition order issued by the Secretary of State, using the Employer Access Online service;

 

  • verify the candidate’s mental and physical fitness to carry out their work responsibilities.*28 A job applicant can be asked relevant questions about disability and health in order to establish whether they have the physical and mental capacity for the specific role;*29

 

  • verify the person’s right to work in the UK. If there is uncertainty about whether an individual needs permission to work in the UK, then prospective employers, or volunteer managers, should follow advice on the GOV.UK website;

 

  • if the person has lived or worked outside the UK, make any further checks Cottesmore School consider appropriate (see relevant sections below); and

 

  • verify professional qualifications, as appropriate.

 

*26

The Employer Access Online Service will also identify any existing prohibitions and sanctions made by the General Teaching Council for England (GTCE) before its abolition at the end of March 2012, and provide information about any teacher qualifications held and whether induction has been passed. The service is offered free of charge to schools, local authorities and teacher supply agencies in England.

 

*27

Regulations 17 and 24 of the School Staffing (England) Regulations 2009 for maintained schools also applied to the management committee of pupil referral units through the Education (Pupil Referral Units) (Application of Enactment) (England) Regulations 2007. The Education (Independent School Standards) (England) Regulations 2010, Schedule 1, Part 4 apply to independent schools, including free schools and academies.

 

*28

Education (Health Standards) (England) Regulations 2003 see also fitness to teach circular

 

*29

Section 60 of the Equality Act 2010.

 

58. A DBS certificate must be obtained from the candidate before or as soon as practicable after appointment. Alternatively, if the applicant has subscribed to it and gives permission, Cottesmore School may undertake an online update check through the DBS Update Service. Individuals can join the DBS Update Service when applying for a new DBS check; this will allow them to re-use this check when applying for similar jobs. With the individual’s consent, their employer can go online and carry out a free, instant check to see if a new certificate is required:http://www.gov.uk/dbs-update-service.

59. There is no requirement to obtain an enhanced DBS check if, in the three months prior to beginning work in their new appointment, the applicant has worked:

 

  • in a school in England in a post which brought them into regular contact with children or in any post in a school since 12 May 2006; or

 

  • in a college in England in a position which involved the provision of education and regularly caring for, training, supervising or being in sole charge of children or young people under the age of 18.

 

  • But Cottesmore School may request an enhanced DBS check with barred list information should there be concerns and bearing in mind the duty Cottesmore School is under not to allow a barred person to work in regulated activity.

 

60. Cottesmore School may not request an enhanced DBS check with barred list check for anyone workingat Cottesmore School who is not in regulated activity, but may request an enhanced DBS check without a barred list check.

 

PLEASE NOW REFER TO THE SAFER RECRUITMENT DBS FLOW CHART FOR CLARIFICATION (CLICK ON THEDOCUMENT IN 'DOWNLOADS' ON THE RIGHT)

 

 5. Pre-appointment Checks (2):

Employment History and References

 

61. Employers should always ask for written information about previous employment history and check that information is not contradictory or incomplete. If a candidate for a teaching post is not currently employed as a teacher, it is also advisable to check with the school, college or local authority at which they were most recently employed, to confirm details of their employment and their reasons for leaving.

 

62. The purpose of seeking references is to obtain objective and factual information to support appointment decisions. References should always be obtained, scrutinised and any concerns resolved satisfactorily, before the appointment is confirmed. They should always be requested directly from the referee and employers should not rely on open references, for example in the form of ‘to whom it may concern’ testimonials.

 

63. Ideally, references should be sought on all short-listed candidates, including internal ones, before interview, so that any issues of concern they raise can be explored further with the referee, and taken up with the candidate at interview.

 

64. On receipt, references should be checked to ensure that all specific questions have been answered satisfactorily. The referee should be contacted to provide further clarification as appropriate: for example if the answers are vague. They should also be compared for consistency with the information provided by the candidate on their application form. Any discrepancies should be taken up with the candidate.

 

65. Any information about past disciplinary action or allegations should be considered carefully when assessing the applicant’s suitability for the post (including information obtained from the Employer Access Online checks referred to previously).

 

 

 6. Pre-appointment Checks (3): Single Central Record

 

66. Cottesmore School must keep a single central record, referred to in the regulations (described in the following paragraph) as the register. The Single Central Record must cover the following people:

  • all staff (including supply staff) who work at the school: 

 

  • all others who work in regular contact with children at Cottesmore School, including volunteers; and

 

  • for independent schools, including academies and free schools, all members of the proprietoral body.

 

66.1 Generally, the information to be recorded on these individuals is whether or not the following checks have been carried out or certificates obtained, and the date on which the checks were completed:

  • an identity check;

 

  • a barred list check;

 

  • an enhanced DBS check;

 

  • a prohibition from teaching check;

 

  • further checks on people living or working outside the UK;

 

  • a check of professional qualifications; and

 

  • a check to establish the person’s right to work in the United Kingdom.

 

67. For details of records that must be kept, see:

 

  • for maintained schools: Schedule 2 to the School Staffing (England) Regulations 2009 and the School Staffing (England) Amendment Regulations 2013 for pupil referral units through the Education (Pupil Referral Units) (Application of Enactment) (England) Regulations 2007
  • for colleges: the Further Education (Providers of Education) (England) regulations 2006 *30

 

Cottesmore School does not have to keep copies of DBS certificates in order to fulfil the duty of maintaining the single central record. To help Cottesmore School comply with the requirements of the Data Protection Act, where Cottesmore School chooses to retain a copy the DBS certificates should not be retained for longer than six months. A copy of the other documents used to verify the successful candidate’s identity, right to work and required qualifications should be kept for the personnel file.

 

 

 

 7. Pre-appointment Checks 4:

Individuals Who Have Lived or Worked Outside the UK

 

68. Individuals who have lived or worked outside the UK must undergo the same checks as all other staff at Cottesmore School. In addition, Cottesmore School must make any further checks they think appropriate so that any relevant events that occurred outside the UK can be considered.

 

 

69. Advice on the criminal record information which may be obtained from overseas police forces, published by the Home Office, is on GOV.UK. The Department for Education has also issued guidance on the employment of overseas-trained teachers This gives information on the requirements for overseas-trained teachers from the European Economic Area to teach in England, and the award of qualified teacher status for teachers qualified in Australia, Canada, New Zealand and the United States of America.

 

 

*30

16-19 academies and free schools are covered through their funding agreements.

 

 

 8. Pre-appointment Checks 5:

Agency and Third-party Staff

 

 

70. Cottesmore School will obtain written notification from any agency, or third-party organisation, they use that the organisation has carried out the checks on an individual who will be working at Cottesmore School that Cottesmore School would otherwise perform. This must include, as necessary, a barred list check, prior to appointing that individual. They must also check that the person presenting themselves for work is the same person on whom the checks have been made.

 

 

 

9. Pre-appointment Checks 6: Trainee/student teachers

 

71. Where applicants for initial teacher training are salaried by Cottesmore SchoolCottesmore School must ensure that all necessary checks are carried out. As trainee teachers can undertake regulated activity, sometimes unsupervised, an enhanced DBS certificate and barred list check must be obtained. Where trainee teachers are fee-funded it is the responsibility of the initial teacher training provider to carry out the necessary checks.31

 

 

10. Pre-appointment Checks 6: Existing staff

 

 

72. If a Cottesmore School has concerns about an existing staff member’s suitability to work with children, Cottesmore School should carry out all relevant checks as if the person were a new member of staff. Similarly, if a person working at Cottesmore School moves from a post that was not regulated activity, into work which is regulated activity, the relevant checks for the regulated activity must be carried out. *32 Apart from these circumstances, Cottesmore School is not required to request a DBS check or barred list check.

 

73. Cottesmore School has a legal duty to refer to the DBS anyone who has harmed, or poses a risk of harm, to a child, or if there is reason to believe the member of staff has committed one of a number of listed offences, and who has been removed from working (paid or unpaid) in regulated activity, or would have been removed had they not left.*33 The DBS will consider whether to bar the person. Referrals should be made as soon as possible after the resignation or removal of the individual.

 

*31 National College for Teaching and Leadership - Initial teacher training provider supporting advice and initial teacher training criteria

 

*32 Schools will wish to consider the offence of allowing individuals to engage in regulated activity whilst barred. It is intended that, at a date to be announced, schools (as a regulated activity provider) will be under a duty to request a barred list check before allowing any individuals to engage in regulated activity (section 34ZA Safeguarding Vulnerable Groups Act 2006) and for it to be possible to obtain such a check independently from the enhanced check from the DBS.

 

74. Where a teacher’s employer, including an agency, ceases to use the services of a teacher because of serious misconduct, or would have dismissed them had they not left first, they must consider whether to refer the case to the Secretary of State, as required by sections 141D and 141E of the Education Act 2002. The Secretary of State may investigate the case, and if s/he finds there is a case to answer, must then decide whether to make a prohibition order in respect of the person.

 

 

11. Pre-appointment Checks 8: Volunteers

 

75. Under no circumstances should a volunteer in respect of whom no checks have been obtained be left unsupervised or allowed to work in regulated activity.

 

76. For new volunteers in regulated activity who will regularly teach or look after children on an unsupervised basis or provide personal care on a one-off basis Cottesmore School must obtain an enhanced DBS certificate with barred list check.34

 

77. For new volunteers not in regulated activity Cottesmore School should obtain an enhanced DBS certificate.

 

78. For existing volunteers who provide personal care, Cottesmore School should consider obtaining an enhanced DBS certificate with barred list check.

 

79. For other existing volunteers who are unsupervised and continuing with their current duties, unless there is cause for concern Cottesmore School should not request a DBS check with barred list check because the volunteer should already have been checked.

 

80. For existing volunteers not in regulated activity there isno requirement to request an enhanced DBS check. However Cottesmore School may choose to request one as they judge necessary but may not request a check of the barred list.

 

81. If a volunteer is not engaging in regulated activity, Cottesmore School should undertake a risk assessment and use their professional judgement and experience when deciding whether to seek an enhanced DBS check. They should consider:

 

  • the nature of the work with children;

 

  • what the establishment knows about the volunteer, including formal or informal information offered by staff, parents and other volunteers;

 

  • whether the volunteer has other employment or undertakes voluntary activities where referees can advise on suitability; and

 

  • whether the role is eligible for an enhanced DBS check.

 

*33 The list of offences is set out in the Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and Miscellaneous Provisions) Regulations 2009 (SI 2009 No. 37) (amended).

 

*34 At a future date to be announced, all organisations will have a duty to obtain a barred list check on a volunteer who will be engaging in regulated activity.

 

82. The Protection of Freedoms Act 2012 amended the Safeguarding Vulnerable Groups Act 2006, removing supervised volunteers from regulated activity and applying a duty on the Secretary of State to issue guidance to assist regulated activity providers such as Cottesmore School, to decide what level of supervision is required so that this exclusion would apply. If the volunteer is to be supervised while undertaking an activity which would be regulated activity if it was unsupervised, the statutory guidance must be followed. This is replicated at Annex D. The guidance issued following this change requires that:

 

  • there must be supervision by a person who is in regulated activity;*35

 

  • the supervision must be regular and day to day; and

 

  • the supervision must be “reasonable in all the circumstances to ensure the protection of children”.

 

83. Employers are not legally allowed to request a barred list check on a volunteer who, because they are supervised, is not in regulated activity.

 

 

12. Pre-appointment Checks 9: Governing Advisors

 

84. Cottesmore School's Governing Advisors, who are volunteers, should be treated on the same basis as other volunteers, that is, an enhanced DBS check with barred list check should only be requested if the governor will be engaged in regulated activity. Governing bodies and proprietors can request an enhanced DBS check without a barred list check on an individual as part of the appointment process for governors.

 

 

13. Pre-appointment Checks 10: Contractors

 

85. Cottesmore School should have arrangements in place with contractors to make sure that the contractor, or any employee of the contractor, working at Cottesmore School has been subject to the appropriate level of DBS check, if any such check is required (for example because the contractor is carrying out teaching or providing some type of care for or supervision of children regularly).

 

*35 If the work is in a specified place such as a school, paid workers remain in regulated activity even if supervised.

 

86. Contractors and contractors’ employees for whom an appropriate DBS check has not been undertaken should be supervised if they will have contact with children.

 

87. If a contractor working at Cottesmore School is self-employed, the ~School should consider obtaining the DBS check, as self-employed people are not able to make an application directly to the DBS on their own account.

 

 

88. Cottesmore School should always check the identity of contractors and their staff on arrival at the School.

 

 

 

 14. Pre-appointment Checks 11: Visitors

 

89. Cottesmore School does not have the power to request DBS checks and barred list checks, or ask to see DBS certificates, for visitors (for example children’s’ relatives or other visitors attending a sports day). Headteachers and principals should use their professional judgment about the need to escort or supervise visitors.

 

 

15. Pre-appointment Checks 12:

Adults who supervise children on work experience

 

90. If organises, in the unlikely circumstance that work experience placements are organised for pupils, Cottesmore School will ensure that policies and procedures are in place to protect children from harm.

 

91. Barred list checks by the DBS might be required on some people who supervise a child under the age of 16 on a work experience placement.*36 Cottesmore School would have to consider the specific circumstances of the work experience, in particular the nature of the supervision and the frequency of the activity being supervised, to determine what, if any, checks are necessary. These considerations would include whether the person providing the teaching/training/instruction/supervision to the child will be:

 

  • unsupervised; and

 

  • providing the teaching/training/instruction frequently (at least once a week or on more than three days in a 30 day period, or overnight).

 

92. If the person working with the child is unsupervised and the same person is in frequent contact with the child, the work is likely to be regulated activity. If so, Cottesmore School could ask the employer providing the work experience to ensure that the person providing the instruction or training is not a barred person.

 

93. Cottesmore School are not able to request an enhanced DBS check with barred list information for staff supervising children aged 16 to 17 on work experience.37

 

*36 Safeguarding Vulnerable Groups Act 2006, as amended by the Protection of Freedoms Act 2012, which came into force on 10 September 2012.

 

*37 The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 was amended by the Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2012 so that employers may no longer request checks in these circumstances.

 

94. If the activity undertaken by the child on work experience takes place in a ‘specified place’, such as Cottesmore School, and gives the opportunity for contact with children, this may itself be considered to be regulated activity. In these cases and where the child is 16 years of age or over, the work experience provider should consider whether a DBS enhanced check should be requested for the child/young person in question. DBS checks cannot be requested for children/young people under the age of 16.38

 

 

16. Pre-appointment Checks 13:

Proprietors of independent schools including academies and free schools or alternative provision academies and free schools*39

 

 

95. Before an individual becomes either the proprietor of an independent school or the chair of a body of people which is the proprietor of an independent school*40, the Secretary of State will:*41

 

  • carry out an enhanced DBS check;

 

  • confirm the individual’s identity; and

 

  • if the individual lives or has lived outside of the UK, making an enhanced check insufficient, such other checks as the Secretary of State considers appropriate.

 

96. The Secretary of State also undertakes these checks in respect of the chair of governing bodies of a non-maintained special school.*42

 

97. The requirement for an enhanced DBS check is disapplied for the chair of an academy trust if the academy is converting from a maintained school and the person has already been subject to a check carried out by the local authority.*43

 

98. Where the proprietor is a body of people, the chair must ensure that enhanced DBS certificates are obtained for the other members of the body and that identity checks are completed before, or as soon as practicable after, any individual takes up their position. Further checks as the chair considers appropriate should be undertaken where, by reason of the individual’s living or having lived overseas, obtaining an enhanced DBS check is not sufficient to establish his or her suitability to work in a school.

 

 

*38 Under the Police Act 1997, an individual must be 16 or over to be able to make an application for a DBS check.

 

*39 The proprietor of an academy or free school or alternative provision academy or free school is the academy trust.

 

*40 This will include an academy trust of any academy or free school, other than for 16 – 19 academies or free schools.

 

*41 Education (Independent School Standards) (England) Regulations 2010, Schedule 1, Part 4.

 

*42 Education (Non-Maintained Special Schools) (England) Regulations 2011, Para 4 of Schedule 1.

 

*43 Paragraph (7), standard 21, Education (Independent School Standards) (England) Regulations 2010.

 

99. In the case of an academy trust newly established to operate a free school, the DfE will ask the DBS to conduct checks on all members and directors of the new trust. Academy trusts, including those established to run a free school, have the same responsibilities as all independent schools in relation to requesting enhanced DBS certificates for permanent and supply staff.*44

 

 

 

17. Pre-appointment Checks 14:

Children Staying with Host Families

 

100. Cottesmore School might make arrangements for pupils to have learning experiences where, for short periods, the children may be provided with care and accommodation by a host family to which they are not related. This might happen, for example, but not only, as part of a foreign exchange visit or sports tour. Such arrangements could amount to “private fostering” under the Children Act 1989 or the Safeguarding Vulnerable Groups Act 2006, or both. See Annex in Keeping Children Safe in Education in 'Downloads' to the right of this page, for further details.

 

*44 The Education (Independent School Standards) (England) Regulations 2010, Schedule 1, Part 4. The regulation does not apply to 16-19 free school academies.  

 

 

 

 

 

 

18. Pre-appointment Checks 15:

Adults who are not employed by the school and live in boarding accommodation

 

 

Adults who are not employed by the school and live in boarding accommodation aged over 16 will be part of the Safer Recruitment Checks. This is part of the Cottesmore School Safer Recruitment Quick Tick List.