Engage MAT DBS Policy

Transcription

1 Engage MAT DBS Plicy Date f ratificatin: Nvember Date f review: Nvember

2 Cntents 1. Intrductin Legal psitin Lcal authrity psitin The deplyment f staff Supply teachers Agency Supply teachers Invigilatrs Overseas teachers Vlunteers Cntractrs NQT s Gvernrs Educatinal visits (including residential) Wrk experience placements Strage and Access Administrative arrangements DBS checks and the wider recruitment prcess Appendix A: Regulated Activity Children Appendix B: Supervisin guidance fr schls (vlunteers)

3 1. Intrductin This plicy dcument sets ut the prcedures fr Disclsure and Barring service (DBS) checks. These checks must be undertaken where required and frm part f a sund and safe recruitment prcess at The Engage Trust. Safer emplyment prcesses extend beynd recruitment and The Engage Trust shuld ensure each wrker understands their duty f care as well as which behaviurs make up safer practice and which behaviurs t avid. The Engage Trust must be cmmitted t cmplying with the DBS Cde f Practice regarding the crrect handling, use, strage, retentin and dispsal f Disclsures and Disclsure infrmatin. The Engage Trust must als fully cmply with its bligatins under the Data Prtectin Act and ther relevant legislatin regarding the safe handling, use, strage, retentin and dispsal f Disclsure infrmatin. Regulatry / Independent Regulatry Bdies The primary rle f the DBS (frmerly the Criminal Recrds Bureau and the Independent Safeguarding Authrity) is t help emplyers make safer recruitment decisins and prevent unsuitable peple frm wrking with vulnerable grups including children. The DBS was established under the Prtectin f Freedms Act 2012 and merges the functins previusly carried ut by the Criminal Recrds Bureau (CRB) and Independent Safeguarding Authrity (ISA). It enables rganisatins, including schls, t btain criminal recrd infrmatin abut prspective emplyees and vlunteers by accessing infrmatin frm the Plice Natinal Cmputer, and lcal plice infrmatin. The DBS is respnsible fr deciding wh shuld be barred frm wrking with children r vulnerable adults, r bth. In terms f barring the DBS has fur main duties: 1. T maintain a list f individuals wh are barred frm engaging in regulated activity* with children the DBS children s barred list 2. T maintain a list f individuals wh are barred frm engaging in regulated activity with adults wh may be vulnerable the DBS adults barred list 3. T reach decisins abut whether an individual shuld be included in ne r bth barred lists 4. T reach decisins as t whether t remve a persn frm a barred list. 3

4 Inclusin n the DBS barred lists has the same effect as inclusin n the previus lists; List 99, PCA, PVA, POCVA r the Unsuitable Persn s Lists. *Regulated activities are the activities that the DBS can bar peple frm ding. Fr a definitin f Regulated Activity fr children see Appendix A. 2. Legal psitin 2.1 Legal framewrk The Rehabilitatin f Offenders Act 1974 and The Rehabilitatin f Offenders Act 1974 (Exceptins) (Amendment) (England and Wales) Order 2012 The Rehabilitatin f Offenders Act 1974 aims t ensure that a persn wh has been cnvicted f a criminal ffence in the past and wh has nt re-ffended fr a specified perid is, s far as pssible, freed frm the stigma f that cnvictin, and is treated as if the ffence and cnvictin fr it never ccurred. Under the Rehabilitatin f Offenders Act 1974 (Exceptins) (Amendment) (England and Wales) Order 2012 sme jbs and categries f emplyment are exempt frm the prvisins f the Act and in such cases spent cnvictins must be disclsed. If a persn is emplyed in a schl they must disclse their cnvictins. The amendments t the Exceptins Order 1975 (2013) prvide that certain spent cnvictins and cautins are 'prtected' and are nt subject t disclsure t emplyers, and cannt be taken int accunt. Please refer t the guidance and criteria n the filtering f these cautins and cnvictins which can be fund at the Disclsure and Barring Service website. Safeguarding Vulnerable Grups Act 2006 This prvided the legislative framewrk fr a Vetting and Barring scheme, it als brught in the requirement fr tw separate but aligned barred lists, the prvisin fr ISA (nw DBS) t make decisins arund individuals that shuld be barred frm wrking with vulnerable grups, utlined mnitring arrangements and prpsed tw types f activities where CRB (nw DBS) checks wuld be required which were fr cntrlled and regulated activity.. 4

5 Prtectin f Freedms Act 2012 This act includes the restrictin f the scpe f the 'vetting and barring' scheme fr prtecting vulnerable grups and makes changes t the system f criminal recrds checks. As a result the Safeguarding Vulnerable Grups Act 2006 will be amended by this act and the majr changes were: A new definitin f regulated activity The repeal f cntrlled activity The repeal f registratin and cntinuus mnitring The intrductin f a minimum age f 16 at which smene can apply fr a DBS check Only psts which meet the definitin f regulated activity can have an enhanced DBS check with barred list check Establishing the Disclsure and Barring Service (DBS) as a merger f the functins f the Criminal Recrds Bureau (CRB) and Independent Safeguarding Authrity (ISA) as a nn-department public bdy spnsred by the Hme Office 2.2. Legal requirements f the DBS All staff n The Engage Trust payrll, whether supervised r nt remain in regulated activity and checks n these individuals shuld cntinue in the same way. This includes cleaners and caretakers wrking in schls. Enhanced DBS checks can be btained where a pst r situatin meets the criteria utlined in Schedule 4 f the Safeguarding vulnerable Grups Act Where reference is made t this check thrughut this plicy this criteria will need t be met. A vlunteer will nt be in regulated activity if they are supervised t a reasnable level in which case an enhanced DBS check with barred list check wuld nt be a requirement (fr guidance n what is a reasnable level f supervisin see Appendix B). The Engage Trust des have the discretin, hwever, t request an enhanced DBS check fr a vlunteer. If the vlunteer is unsupervised, they will be in regulated activity and will therefre be required t receive an enhanced DBS check with barred list check. Frm September 2016 it will be mandatry fr all Gvernrs and Directrs t underg an enhanced DBS check. It is still an ffence fr an emplyer t engage in regulated activity smene whm they knw has been barred by the DBS A persn wh is barred by the DBS frm wrking in regulated activity will be breaking the law if they wrk r vlunteer, r try t wrk r vlunteer in regulated activity If the schl prvides regulated activity and dismisses a member f staff r a vlunteer because they have harmed, r psed a risk f harm t a child r vulnerable 5

6 adult, r the schl wuld have dismissed if they had nt left, the schl must refer this infrmatin t the DBS. Plice may use cmmn law pwers t prvide infrmatin directly t emplyers in cases where this is necessary, fr example t prevent harm t thers. Where infrmatin is disclsed frm the plice using their cmmn pwers this must nt be fed back t the candidate(s). Discussins must take place and an agreement reached with the plice in terms f the infrmatin that will be prvided t the candidate t ensure current plice investigatins are nt cmprmised 2.3 Intrductin f the DBS Update Service The DBS intrduced its Update Service n 17 June The Update Service changes the way individuals can use their criminal recrd check and hw emplyers check their suitability. Fr a small sum ( 13 per annum), individuals can take their DBS check with them frm rle t rle, within the same type f wrkfrce (i.e. wrking with children and/r wrking with adults), where the same type and level f check is required. The Engage Trust can g nline t see if the infrmatin presented is still current and valid, i.e. carry ut a status check. This will prvide an instant result. The Engage Trust must have the permissin f the individual they are checking and the type f check required must be the same as the riginal check e.g. if an enhanced DBS check is required but the riginal certificate is fr an enhanced DBS check with children s barred list check then a new enhanced DBS check must be requested. Please nte the status check cannt be dne thrugh Nrflk Disclsures, the check can be undertaken via the Disclsure Barring Website. Where pssible, The Engage Trust can give the applicant their DBS applicatin frm reference number s they can subscribe t the DBS Update Service when they apply fr their DBS check. If they wait t subscribe with their DBS certificate number they will nly have 14 calendar days, frm the date the certificate is issued, t subscribe. If the individual is nt subscribed t the DBS update service (this is nt mandatry) r they d nt give their permissin then a DBS check must be requested via Nrflk Disclsures in the usual way. Other significant changes t the way DBS certificates are issued, i.e. frm 17 June 2013 they will be issued t individuals rather than t rganisatins, have been reflected in this revised plicy 3. Lcal authrity psitin 3.1 An enhanced DBS check with barred list check is cmpulsry fr new appintments t yur schl wrkfrce where they have transferred frm a nn-nrflk schl r different Lcal Authrity, r an independent schl inside r utside the cunty (including academies and free schls). It als includes frmer members f yur staff 6

7 wh have had a break in service f mre than three mnths 1. A DBS update service check can be undertaken in place f a full DBS check, if the individual is subscribed t the service and gives their permissin fr the check t g ahead. If this is the case The Engage Trust must see the individual s riginal DBS certificate t check the name n the certificate matches the identity f the individual and ensure that it is fr the same level f check and fr the right wrkfrce. 3.2 Standard DBS disclsures are nt acceptable and this applies equally t all appintments whether permanent, temprary r casual. All DBS checks must be enhanced. 3.3 Fr any avidance f dubt, it is nt necessary t have sight f an enhanced DBS check r an enhanced DBS check with barred list check fr staff transferring frm ther Nrflk schls withut a break f service r where there has been a break f service f less than three mnths. 3.4 There remains n requirement t have sight f an enhanced DBS check r an enhanced DBS check with barred list check fr existing members f staff, unless yu have grunds fr cncern and the persn cnsents. 3.5 In relatin t checking after three years, this is nly relevant in sme settings and the previus Gvernment Office fr the East f England (G East) clarified that In Schls there has never been any requirement t cnduct CRB [nw DBS] checks n staff that were in pst befre 2002 and have nt mved since. Ofsted guidance t Inspectrs recgnises that if schls are cmplying with the regulatins and guidance they are ding all that can be required f them. The Schl des hwever, have a respnsibility t hld evidence that staff appinted befre 1 March 2002 have been checked against List 99. In additin, any staff and vlunteers appinted n r after 1 March 2002, wh cme int regular cntact r have unsupervised access t children and wh have nt had cntinuity f emplyment in a schl in England (i.e. a break f service lnger than three mnths), have been subject t enhanced DBS checks with barred list check and ther designated recruitment checks. 4. The deplyment f staff 4.1 Offers f emplyment t successful candidates must be cnditinal upn a satisfactry enhanced DBS check with barred list check where applicable (this can be a DBS update service check where the individual is subscribed t the service, give their permissin fr the check t be undertaken and the type f check required is the same as the riginal check - the riginal DBS certificate must als be viewed). Please nte that until a satisfactry enhanced DBS check with barred list check has been viewed by the Head teacher, the persn must nt be deplyed t wrk directly with children r in a situatin where they can have unsupervised access t children. 1 Maternity leave and lng term sick leave are nt classed as a break in service. 7

8 4.2 Hwever, if an enhanced DBS check with barred list check has been applied fr but has nt received by the individual befre they are due t start wrk, yu d have the discretin t allw the persn t start wrk prvided that the Head teacher is cnfident that all ther pre-emplyment checks have been carried ut, i.e.:- btaining and scrutinising cmprehensive infrmatin frm the persn, and taking up and satisfactrily reslving any discrepancies btaining independent prfessinal and character references that answer specific questins t help assess the persn s suitability t wrk with children and fllwing up any cncerns a face t face interview that explres the persn s suitability t wrk with children as well as their suitability fr the pst verifying the persn s identity verifying that the persn has any academic r vcatinal qualificatins claimed checking their previus emplyment histry and experience verifying that they have the health and physical capacity fr the jb a check against the DBS children s barred list. This list cntains details f thse wh are banned r restricted frm wrking in an educatin setting check f their eligibility t wrk in the UK prhibitin frm teaching check and prvided that the persn is nt deplyed t wrk directly with children r in a situatin where they can have unsupervised access t children. In ther wrds, all pssible actin has been taken t ensure that n risk t children culd arise. In these situatins, a full risk assessment must be undertaken. Cmmencing emplyment befre DBS received Risk assessment template. DBS barred individuals seeking t undertake wrk with vulnerable grups may face a prisn sentence r a fine. Emplyers in regulated activity wh knwingly emply barred individuals may face a prisn sentence r a fine. 4.3 It is essential that detailed recrds relating t the recruitment and selectin prcess fr all staff are retained securely as evidence that sund and safe prcesses have been fllwed. This includes recrding infrmatin n the schl s single central recrd. Recruitment appintment infrmatin shuld be kept n the successful candidate s persnal file fr the time they are emplyed plus 7 years. Fr unsuccessful candidates infrmatin shuld be kept fr 6 mnths. There is n requirement t keep cpies f DBS certificates. If a schl chses t keep a cpy they must have the individual s cnsent and it shuld nt be retained fr any lnger than six mnths. 5. Supply teachers 5.1 Supply teachers wh have nt been subject t an enhanced DBS check with barred list check must nt be emplyed t wrk directly with children. 5.2 All supply teachers available t Nrflk schls and included in the latest Nrflk Supply Teaching Register have been thrugh the apprpriate DBS checking prcess 8

9 and evidence prduced. Hwever, if the persn is nt knwn t the schl, then they shuld see a phtgraphic ID dcument and seek written cnfirmatin frm the Supply Teaching Register that the individual has been apprpriately vetted fr the rle and that a break in service f n mre than three mnths has ccurred. As DBS certificates are nw issued directly t applicants schls are able t request sight f the DBS Disclsure certificate fr any Supply Teacher wh has undergne a DBS check. If schls wish t they can use the DBS Update Service t check the supply teacher s certificate is still current. The supply teacher must be subscribed t the DBS Update Service, have given the schl permissin t undertake the check and the level f check required must be the same as the riginal check - the riginal DBS certificate must als be viewed). 5.3 The service f supply teachers frm the lcal authrity's supply teaching register in Nrflk academies which buy the authrity's full HR service will cunt in the same way as service in a Nrflk schl fr the purpses f assessing the three mnth break. 6. Agency Supply teachers 6.1 Where Agency Supply Teachers can prduce evidence f a satisfactry enhanced DBS check with barred list check and can prduce evidence that they have wrked frm 1 June 2002 nwards, then they are eligible t wrk in schls. Agency Supply Teachers wh are unable t prduce this evidence must nt be used. If the schl is using a supply agency rather than the Nrflk s Supply Teacher Register, the schl must receive written cnfirmatin and evidence that all relevant checks have been undertaken. Where there is disclsed infrmatin, the schl must require a fresh DBS check with barred list check frm the agency befre the individual starts wrk and must view the fresh enhanced DBS check. The schl must require the supply agency t prvide the written ntificatins and cpies f the enhanced DBS check with barred list check where apprpriate thrugh the cntract r ther arrangements which it makes with the supply agency. Where there are matters disclsed a risk assessment shuld be undertaken. If schls wish t they can use the DBS Update Service t check the supply teacher s certificate is still current. The supply teacher must be subscribed t the DBS Update Service, have given the schl permissin t undertake the check and the level f check required must be the same as the riginal check - the riginal DBS certificate must als be viewed). 7. Invigilatrs 7.1 By the very nature f examinatins, there will necessarily be a gap in excess f three mnths between them. Prvided that an enhanced DBS check with barred list check was btained when the Invigilatr was first emplyed, tgether with all the ther preemplyment checks listed abve, we can reasnably advise that where an Invigilatr is used regularly by the schls, it will nt be necessary t seek further DBS disclsures each time the Invigilatr is subsequently used. 9

10 7.2 Hwever, a check f the DBS children s barred list must be undertaken n each ccasin the Invigilatr is used. This check can be quickly undertaken by sending the request thrugh Nrflk Disclsures, the nline DBS system. If schls wish t they can use the DBS Update Service t check the invigilatr s certificate is still current. The invigilatr must be subscribed t the DBS Update Service, have given the schl permissin t undertake the check and the level f check required must be the same as the riginal check - the riginal DBS certificate must als be viewed). 8. Overseas teachers 8.1 As the DBS cannt access criminal recrds held verseas, an enhanced DBS check r an enhanced DBS check with barred list check may nt prvide cmplete picture f an individual s criminal recrds. The DBS will nt nrmally be able t prvide a disclsure if an applicant has never previusly lived in the UK; n purpse will be served by seeking a discurse thrugh the DBS n their arrival in this cuntry as the persn cncerned will nt have a criminal recrd in this cuntry nr will they appear n DBS barred lists. 8.2 In sme cuntries, applicants can apply t their hme Plice Frce fr a Certificate f Gd Cnduct. The level f infrmatin cntained in these certificates varies frm cuntry t cuntry: sme are cmplete extracts frm the criminal recrd; thers are partial. If yu are recruiting peple frm verseas and wish t check their verseas criminal recrd, yu shuld cntact the embassy r High Cmmissin f the cuntry in questin in rder t btain such a certificate as part f the recruitment prcess. Certificates shuld be riginals, nt cpies and it is the individuals respnsibility t prvide the certificate when requested. Further infrmatin regarding this prcess can be fund by cntacting the Freign and Cmmnwealth Office (FCO) Respnse Centre Helpline r by visiting gv.uk where an A-Z list fr the prcess fr each cuntry can be fund. Fr a link t the gv.uk website please see web links in the Disclsure and Barring service sectin f Schls Peple Net. 8.3 Yu shuld als ensure that the nrmal pre-emplyment checks f identity, qualificatins and references are carried ut thrughly befre cnfirming an appintment, i.e. yu are satisfied that all reasnable steps have been taken t ascertain the integrity and identity f the persn cncerned. 8.4 Overseas teachers must have the right t wrk in the UK. The Immigratin, Asylum and Natinality Act 2006 places an nus n emplyers t ensure that emplyees start wrk n r after 26 February 2008 having the right t wrk in the UK Schls will be subject t a significant fine fr negligently emplying a wrker wh is nt a resident f a Eurpean Ecnmic Area Cuntry. Fr deliberately emplying such wrkers there will be an unlimited fine r imprisnment. Befre a ptential emplyees starts wrk, schls must check and cpy dcuments which cnfirm the persn s identity and right t wrk in the UK. Where a phtgraphic dcument is utilised, the phtgraph must be clearly identifiable frm the cpied image, therefre it is advisable that a clur cpy r scanned image is retained. Further infrmatin n the spnsrship f 10

11 verseas wrkers and preventing illegal wrking can be fund can be btained via Guidance n the emplyment f migrant wrkers is available n Schls Peple Net. 9. Vlunteers 9.1 Children see vlunteers as safe and trustwrthy adults. Under the Prtectin f Freedms Act 2012 vlunteers wh are supervised t the statutry level will nt be cnsidered t be undertaking a regulated activity s will nt be eligible fr an enhanced DBS check with barred list check. Hwever, a schl des have the discretin, t require an enhanced DBS check fr any vlunteer. 9.2 Where a schl chses nt t undertake a discretinary check n a vlunteer that they deem t be supervised t a reasnable level, the schl shuld have clear risk assessment utlining hw the decisin has been made abut the level f supervisin in place. 9.3 When cnsidering whether the vlunteer will be in a regulated activity r nt the fllwing shuld be taken int cnsideratin: the vlunteer must be supervised by a persn wh is in regulated activity supervisin must take place n a regular basis. This means that supervisin must nt, fr example, be cncentrated during the first few weeks f an activity and then tail ff thereafter, becming the exceptin nt the rule. It must take place n an nging basis, whether the vlunteer has just started r has been ding the activity fr sme time. The supervisin must be reasnable in the circumstances: within the statutry duty, the level f supervisin may differ, depending n all the circumstances f a case. Schls shuld cnsider the fllwing factrs in deciding the specific level f supervisin the rganisatin will require in an individual case: ages f the children, including whether their ages differ widely; number f children that the individual is wrking with; whether r nt ther wrkers are helping t lk after the children; the nature f the individual s pprtunity fr cntact with children; hw vulnerable the children are (the mre they are, the mre a schl might pt fr vlunteers t be in regulated activity); hw many wrkers wuld be supervised by each supervising wrker Fr further guidance n supervisin please see Appendix B). Fr all ther recruitment checks it must adpt the same recruitment measures as it wuld paid staff 9.4 In ther circumstances, fr example where a schl appraches a parent wh is well knwn t the schl t take n a particular rle, a streamlined prcedure can be adpted - seeking references, checking t ensure thers in the schl cmmunity knw f n cncerns and can make a psitive recmmendatin, cnducting an 11

12 infrmal interview t gauge the persn s aptitude and suitability, and undertaking an enhanced DBS check. Evidence f such prcesses shuld be kept securely by schls and recrded n the schl s Single Central Recrd. 9.5 In ther circumstances, e.g. where a vlunteer s rle will be ne-ff, accmpanying teachers and pupils n a day uting, helping at a cncert r schl fete, thse kind f measures wuld, in the majrity f cases, nt be eligible fr an enhanced DBS check with barred list check. Schls need t cnsider this t ensure that such peple are nt charged with taking children t the tilet, fr example. In the few cases where the persn is left alne and unsupervised in charge f children an enhanced DBS check with barred list check can be requested. 9.6 Parents wh vluntarily transprt pupils fr schl activities (e.g. sprts activities and visits) wuld nt expect t underg an enhanced DBS check with barred list check. Hwever, if the transprt is rganised by the schl and is a regular ccurrence (4 r mre days in a 30 day perid) there wuld be a requirement fr the parent t underg an enhanced DBS check with barred list check if they are nt supervised by smene wh is in a regulated activity. 9.7 Where vlunteers recruited by anther rganisatin t wrk in a schl, e.g. sprts caches frm a lcal club, the schl shuld btain written assurance frm that rganisatin that the persn has been prperly vetted and this cnfirmatin shuld be retained by the schl and prduced if required during an Ofsted inspectin. 9.8 Where vlunteers will be wrking unsupervised in a schl they are in regulated activity s will be required t underg full checks including an enhanced DBS check with barred list check. 9.9 If schls wish t they can use the DBS Update Service t check the vlunteer s certificate is still current. The vlunteer must be subscribed t the DBS Update Service, have given the schl permissin t undertake the check and the level f check required must be the same as the riginal check - the riginal DBS certificate must als be viewed). 10. Cntractrs 10.1 Where schls use cntractrs that are prvided by a cntractr, it is the respnsibility f that cntractr t have its staff checked. This must be a specific requirement cntained in any cntract fr these services with the Authrity r with schls. The schl shuld seek written cnfirmatin that these checks have been carried ut by the cntractr and we wuld encurage Head teachers t rutinely check with wrkers the cntractr sent t the schl that they have had an enhanced DBS check and bring t the attentin f the cntractr any cncerns arising. Schls are nt able t request an enhanced DBS check with barred list check n cntractrs unless they meet the definitin f regulated activity under the Prtectin f Freedms Act If schls wish t they can use the DBS Update Service t check the cntractr s certificate is still current. The cntractr must be subscribed t the DBS Update Service, have given the schl permissin t undertake the check and the level f check required must be the same as the riginal check - the riginal DBS certificate must als be viewed). 12

13 11. NQT s 11.1 Students undertaking Initial Teacher Training are subject t an enhanced DBS check with barred list check via their teacher training institutin. Hwever, a further check must be made by the schl befre a Newly Qualified Teacher can be deplyed t wrk directly with children in the Trust s schls. This can be a check f the DBS Update Service as lng as the NQT is subscribed t the service, has given the Trust permissin t undertake the check and the level f check required is the same as the riginal check - the riginal DBS certificate must als be viewed). 12. Gvernrs 12.1 Frm September 2016 it is mandatry fr all Gvernrs and Directrs t underg an enhanced DBS check in line with The Schl Gvernance (Cnstitutin and Federatins) (England) (Amendment) Regulatins. Where a Gvernr/Directr has been elected/appinted befre 1/4/16 and des nt hld an enhanced DBS certificate, a certificate must be applied fr by 1/9/16 Where a Gvernr/Directr has been elected/appinted after 1/4/16 and des nt hld an enhanced DBS certificate, a certificate must be applied fr within 21 days f their electin/appintment. 13. Educatinal visits (including residential) (See als sectins 9.1, 9.3 and 9.4 which are als relevant t Educatinal Visits) 13.1 It will be necessary fr emplyees and vlunteers accmpanying residential visits t have undergne enhanced DBS checks with barred list check befre the visits take place. Fr day visits nly, where vlunteers will be supervised at all times, there is n requirement t undertake an enhanced DBS check. See als sectins 9.1 t 9.4 where vlunteers are being used. Where this is nt the case the vlunteer will be required t underg an enhanced DBS check nly When planning residential visits it is imprtant t plan well in advance t give sufficient time fr the DBS prcess t be cmpleted Schls shuld satisfy themselves that the apprpriate safeguarding prcedures have been fllwed in terms f checks n emplyees and vlunteers ging n the trip. Schls are asked t cnfirm n Evlve (the nline educatinal visits apprval system) that the checks have been carried ut When using external prviders fr activities, transprt r accmmdatin where their staff culd have significant unsupervised access t yung peple, the schl shuld seek assurances that the prvider has sufficient safeguarding systems in place by either checking n Evlve that they hld the Learning Outside the Classrm Quality Badge r ensure they have supplied a suitably cmpleted 'NCC Prviders Cntract'. 13

14 13.5 If schls wish t they can use the DBS Update Service t check the eligible emplyees and vlunteers certificates are still current. The individuals must be subscribed t the DBS Update Service, have given the schl permissin t undertake the check and the level f check required must be the same as the riginal check - the riginal DBS certificate must als be viewed). 14. Wrk experience placements Schls arranging wrk placements fr pupils need t ensure that emplyers and training rganisatins are aware f safeguarding issues and asked t cperate in putting apprpriate safeguards in place. The Rehabilitatin f Offenders Act 1974 (Exceptins) Order 1975 was amended by the Rehabilitatin f Offenders Act 1974 (Exceptins) (Amendment) (England and Wales) Order 2012 s that emplyers culd n lnger request enhanced DBS checks with barred list checks fr staff supervising children aged 16 t 17 n wrk experience. Hwever, Schls may be cncerned abut whether a children s barred list check shuld be carried ut n staff specifically designated t supervise a child under the age f 16 while n wrk experience. In many instances it may nt be necessary. It depends n the circumstances f the wrk experience, in particular the nature f the supervisin and the frequency f the activity being supervised, t determine if any checks are necessary. The cnsideratins wuld include whether the persn will be: unsupervised: and prviding the teaching/training/instructin/supervisin frequently (at least nce a week r n mre than three days in a 30 day perid, r vernight) If the persn wrking with the child is unsupervised and the same persn is in frequent cntact with the child, the wrk is likely t be in a regulated activity. If this is the case schls culd ask the emplyer prviding the wrk experience t ensure the persn prviding the supervisin is nt a barred persn. Schls shuld nt ask an emplyer t cnduct a check n staff wh are simply wrking alngside the student. Enhanced DBS checks with r withut a barred list check cannt be requested fr anyne wh is under the age f

15 15. Strage and Access Disclsure infrmatin shuld nt be kept n the persnal file and must be stred separately and securely, in lckable, nn-prtable strage cntainers e.g. lckable filing cabinet. Access t Disclsures (strage cntainers) must be strictly cntrlled and limited t thse wh are entitled t see it as part f their duties Handling In accrdance with sectin 124 f the Plice Act 1997, Disclsure infrmatin may nly be passed t thse wh are authrised t receive it in the curse f their duties. It shuld be recgnised that unauthrised revealing f infrmatin cntained in the Disclsure t anyne nt entitled t receive it is a criminal ffence Usage Disclsure infrmatin must be used nly fr the specific purpse fr which it is requested and fr which the applicant s full cnsent has been given i.e. t assist with determining the suitability f an individual fr emplyment in a particular psitin. It shuld nt be used at any ther time fr ther purpses Retentin Having made a recruitment decisin Disclsure infrmatin shuld nt be kept fr any lnger than is abslutely necessary. This will generally be fr a perid nt exceeding six mnths and will be t allw fr the cnsideratin and reslutin f any disputes r cmplaints If there are circumstances requiring a Disclsure t be kept fr lnger than six mnths the DBS must be cnsulted and full cnsideratin given t Data Prtectin and Human Rights aspects Thrughut any extended perid f retentin the same cnditins f strage and access will apply. 15

16 15.4 Dispsal Disclsures shuld be destryed by suitably secure means t ensure they cannt be accessed by anyne wh is nt authrised t d s N cpy (electrnic r therwise) f the Disclsure will be retained The fllwing recrd f a Disclsure may be retained, The date f issue The name f the subject Level f Disclsure Psitin t which subject was recruited Unique reference number f the Disclsure 16. Administrative arrangements 16.1 Fr this prcedure t wrk effectively, it is imprtant that DBS Disclsure nline applicatin frms are cmpleted as early as pssible in the selectin prcess, i.e. at the time f the successful interview. Where pssible, give the applicant their applicatin frm reference number s they can subscribe t the DBS Update Service when they apply fr their DBS check. Nrflk Disclsures prvides a link t what dcuments are deemed acceptable. Alternatively yu can view the list n the DBS website Dcuments the applicant must prvide. The detail can then be recrded nt Nrflk Disclsures t initiate the nline applicatin. Once an appintment is made, the link t the applicatin can be ed t the candidate fr them t cmplete their prtin f the applicatin Yu will need t ntify the Services t Schls team in the HR Shared Service Centre f the appintment in the usual way, using the Appintment Ntificatin frm n Schls Peple Net. Frmal cnfirmatin f the ffer f appintment will be sent t the successful candidate(s), making it clear that the ffer is cnditinal upn a satisfactry DBS disclsure As f the 17 June 2013, the DBS n lnger autmatically issue a cpy f the individual s DBS certificate t the Registered Bdy wh cuntersigned the DBS applicatin frm. Emplyers will need t ask the individual fr sight f their DBS certificate. Registered Bdies will nly be entitled t ask the DBS fr a cpy f the individual s DBS Certificate if all f the fllwing cnditins apply: The individual is subscribed t the Update Service; and The emplyer has carried ut a status check which revealed a change t the DBS Certificate; and as a result 16

17 The individual has applied fr a new DBS check as the result f a change t an existing DBS Certificate; and The DBS issued the new DBS Certificate t the applicant mre than 28 days ag; and The applicant has nt shwn the emplyer their new DBS Certificate. Until such time as Nrflk s plicy psitin n status updates changes (see 3.2 abve), the criteria listed will nt all be met. This means that in all cases where an enhanced DBS check is required, the schl will need t view the DBS certificate which has been issued t the individual. Having viewed the DBS certificate, the Head teacher will need t take apprpriate actin in each case. Where there are n matters disclsed, apprpriate nte f the viewing f the DBS certificate (number etc.) can be recrded in the schl s single central recrd The average time taken by the Nrflk Disclsures nline DBS applicatin system t cmplete a check is in the regin f 5-10 days. This des, hwever still vary frm case t case and can be influenced by the amunt f time it takes Plice Authrities t check against previus addresses. In all cases the Lcal Plice Frce have up t 60 days t respnd t the request fr infrmatin frm the DBS. Where applicatins reach these perids, n assumptin shuld be made abut the ptential utcme; nly 6% f applicatins nw take beynd 21 days The turnarund time fr DBS checks shuld be quick enugh in mst cases t enable the individual t btain their DBS certificate and prvide it t the schl befre the effective date f appintment, but yu d need t bear this in mind when agreeing a start date with the persn. If the individual is registered with the DBS Update Service and the criteria fr checking is met, the checking prcess will be instant Cpies f DBS certificates can nly be retained with the permissin f the individual. If a cpy is kept, it must be stred in line with the strage and retentin f disclsure infrmatin, in this plicy, and the Data Prtectin Act. See the DBS Cde f Practice. Details can be fund n the DBS website. 17 DBS checks and the wider recruitment prcess 17.1 It is imprtant t emphasise that the DBS prcess is just ne part f a sund and safe recruitment prcess. It is imprtant nt t rely slely n criminal recrd checks t screen ut unsuitable applicants. Thse checks are an essential safeguard but they will nly pick up the small percentage f abusers wh have been cnvicted, have cme t the attentin f the Plice, r wh have been listed. Many individuals wh are unsuited t wrking with children will nt have any previus cnvictins and will nt appear n the DBS Barred Lists If yu have nt already dne s, yu are strngly advised t read the dcument prduced by the Department fr Educatin Keeping Children Safe in Educatin 2014 and yu shuld share this infrmatin with yur Gverning Bdy. Since January 2010 there has been a statutry requirement that at least ne member f the recruitment panel has undertaken the accredited safer recruitment training. 17

18 17.3 Use the Recruitment and Selectin Checklist prvided within Recruitment and Selectin Guidance, n Schls Peple Net t review and, where apprpriate, mdify yur recruitment and selectin practice and prcedure in ways that will strengthen safeguards fr children. It is nt gd practice t accept curriculum vitae drawn up by applicants in place f an applicatin frm because these will nly cntain the infrmatin the applicant wishes t present and may mit relevant details The recruitment and selectin dcumentatin n Schls Peple Net utlines gd practice including the requirements f the Keeping Children Safe in Educatin statutry guidance Making safeguarding an integral part f yur recruitment and selectin prcess is an essential part f creating a safe envirnment fr children. Appendix A: Regulated Activity Children Regulated activity relating t children cmprises f:- (i) Unsupervised activities: teach, train, instruct, care fr r supervise children, r prvide advice/guidance n well-being, r drive a vehicle nly fr children; (ii) Wrk fr a limited range f establishments ( specified places ), with pprtunity fr cntact: fr example, schls, children s hmes, childcare premises. Nt wrk by supervised vlunteers; Wrk under (i) r (ii) is regulated activity nly if dne regularly. Regularly means carried ut by the same persn frequently (nce a week r mre ften), r n 4 r mre days in a 30-day perid (r in sme cases, vernight). The statutry guidance abut supervisin f activity, which wuld be regulated activity if unsupervised (fr vlunteers in schls), is included in summary frm in Appendix B. (iii) Relevant persnal care, fr example washing r dressing; r health care by r supervised by a prfessinal; (iv) Registered childminding; and fster-carers 18

19 Appendix B: Supervisin guidance fr schls (vlunteers) This guidance applies when a schl decides t supervise a vlunteer with the aim that the supervised wrk will nt be regulated activity (when it wuld be, if it was nt supervised). Where the vlunteer is being supervised the law makes three main pints t ensure that the supervisin prvided is rbust enugh fr the vlunteer t remain ut f regulated activity: the vlunteer must be supervised by a persn wh is in regulated activity supervisin must take place n a regular basis. This means that supervisin must nt, fr example, be cncentrated during the first few weeks f an activity and then tail ff thereafter, becming the exceptin nt the rule. It must take place n an nging basis, whether the vlunteer has just started r has been ding the activity fr sme time. The supervisin must be reasnable in the circumstances: within the statutry duty, the level f supervisin may differ, depending n all the circumstances f a case. Schls shuld cnsider the fllwing factrs in deciding the specific level f supervisin the rganisatin will require in an individual case: ages f the children, including whether their ages differ widely; number f children that the individual is wrking with; whether r nt ther wrkers are helping t lk after the children; the nature f the individual s pprtunity fr cntact with children; hw vulnerable the children are (the mre they are, the mre a schl might pt fr vlunteers t be in regulated activity); hw many wrkers wuld be supervised by each supervising wrker. In law, an rganisatin will have n entitlement t d a barred list check n a wrker wh, because they are supervised, is nt in regulated activity. Full gvernment guidance regarding supervisin can be fund by fllwing the Supervisin guidance link under web links in the Disclsure and Barring sectin f Schls Peple Net (Manager) r by entering supervisin int the Schls Peple Net search. 19