Disclosure and Barring Service (DBS) Checking and Vetting Policy Responsibility of: Date of Approval: Review Cycle: On College Website: Y / N Director of HR Every 3 years
Policy Statement New Collaborative Learning Trust (NCLT) has a firm commitment to safeguarding the welfare of all members of our college communities and acknowledges that it also has a statutory duty to do so. The trust s Safeguarding Policy outlines strategies to prevent child protection issues occurring within the trust. A key strand of this prevention strategy is ensuring that those within our college communities are appropriately checked via the Disclosure and Barring Service (DBS) and other appropriate vetting checks. These checks enable organisations to make safer recruitment decisions by identifying candidates who may be unsuitable for work that involves children under the age of 18 or that involves certain types of work with adults that may be considered vulnerable. The trust is also committed to equality of opportunity and will not unfairly discriminate against the subject of a DBS disclosure on the basis of a conviction or other information revealed. In accordance with legislation, a Single Central Record is kept securely by the Human Resources Department to show that statutory pre-employment checks have been carried out for all individuals employed by the trust, as well as details of all regular visitors and volunteers to our colleges. DBS certificates themselves will not be retained for longer than 6 months but all relevant details will be recorded on the Single Central Record. This policy aims to clarify checking procedures for different groups within the college community, within the statutory framework. Different coloured lanyards aim to communicate to staff and students the category of individuals on the college site in the interests of safeguarding. This policy should be read in conjunction with our Recruitment and Selection Policy and Child Protection Policy. Checking Procedures for Different Groups of the College Community 1. Staff Blue Lanyard Due to the nature of the work undertaken at our colleges, we consider them to be a specified place under guidance and as such requires all staff, whether substantive or casual to have an Enhanced DBS check (including a barred list check). Governors will require an Enhanced DBS check (without a barred list check as they are not in regulated activity*). It is the responsibility of the Human Resources Department to ensure this check takes place and that any issues of concern raised by this check are communicated to the Principal immediately and dealt with appropriately. If the Enhanced DBS check discloses evidence that an individual is potentially a risk to students or others in the college community, the trust reserves the right to withdraw any offer of employment. This is a matter of professional judgement and each case will be considered on its own merits.
No member of staff will ordinarily be allowed to commence in post until Enhanced DBS clearance has been obtained. In the event that it has not been possible to obtain a disclosure prior to the start of employment, the Principal has discretion and may allow an individual to begin work pending receipt and depending on the nature of the work, however, the individual must be appropriately supervised during this time AND all other statutory checks, including a separate barred list check, must have been carried out. Staff who are convicted or cautioned for any offence during their employment with the trust shall notify the Director of Human Resources in writing of the offence and penalty immediately. Part time staff, staff working between 2 or more institutions and some visitors may have the same or existing DBS check used as long as it is at enhanced level and the trust is satisfied about the veracity and appropriateness of partnership institutions. 2. Other Members of the College Community Green / Red Lanyards None employees of the trust are broken down in to two groups for the purposes of this policy: Infrequent Visitors and Arrangements and Frequent Arrangements and Contractors. Infrequent Visitors and Arrangements This category includes those unlikely to be involved in regulated activity*, such as meeting attendants, guest speakers, etc. All visitors need to be booked in with Reception in advance and it is the responsibility of the member of staff arranging the visit to ensure this happens and that the visitor signs in when they arrive. Reception should also be notified at the time of booking, the nature of the visit, eg meeting, student talk, regular visit etc to ensure the appropriate coloured lanyard can be provided. On arrival, Reception staff will ask to see some form of ID to verify the visitor s identity. The Human Resources Department should be notified of any regular or frequent visitors so that further details can be obtained and recorded on the Single Central Record if necessary. It is again the responsibility of the member of staff arranging the visit to ensure this happens. Government guidance specifies that the type of activity and frequency and intensity of the activity be considered for individuals in determining if a DBS (or other checks) are required for those on college site. This is referred to as regulated activity*. Red Lanyards will be issued in situations where the visitor is not undertaking regulated activity* whilst at college and therefore a DBS is not required. If a visitor is undertaking regulated activity* where a DBS is required but has not been provided, their visit to the college may not be authorised. In all cases, this should be brought to the attention of the Human Resources Department for a decision to be made. (A decision may be made to issue a red lanyard with the visitor being supervised at all times but this decision remains with the Human Resources Department).
Visitors issued with a Red Lanyard must be supervised at all times when on college site. It is the responsibility of the member of staff arranging the visit to ensure this happens and put necessary arrangements in place. Green Lanyards will be issued in situations where the visitor is undertaking regulated activity* and a suitable DBS has been provided. Visitors issued with a Green Lanyard do not need to be supervised when on college site, however, all visitors should only stay as long as is intended and for the purpose intended. Frequent Arrangements and Contractors This may include supply agency staff, contractors, etc. Frequent/regular visitors and arrangements should be discussed in advance with the Human Resources Department so a decision can be made on the appropriate checks to be carried out and whether supervision is necessary. Contractors who are in regulated activity will have an Enhanced DBS check (including barred list) carried out (for example, Poppleton s Coaches). For all other contractors who are not engaged in regulated activity* but whose work provides them with opportunity for regular contact with students, an Enhanced DBS check (not including the barred list) will be carried out (for example Mellor s Catering). In addition, staff working for these contractors will be subject to their own organisation s pre-employment vetting processes. The Human Resources Department will ensure the trust has confirmation from the host institution these have been carried out and are made aware of any issues at the time or that come to light in the future. Contractors will be issued with ID badges as appropriate (see above and with the exception of Poppleton s and Mellors) and identification will be requested by Reception on their arrival at the college. Under no circumstances should a contractor in respect of whom no checks have been carried out be allowed to work unsupervised or engage in regulated activity at the college. Members of staff should discuss the appropriate level of supervision required with the Human Resources Department. Wherever possible, work will be completed outside of normal college opening hours (for example, tradespeople). Where work does take place when students are on site, safety arrangements, including safeguarding issues and their responsibilities whilst on site, are discussed with the contractor and appropriate measures put in place to manage any risks. Contractors are monitored by the Estates and Health and Safety Manager and any concerns should be raised with them. The requirement to carry out statutory checks also applies to supply agencies providing individuals to work for the trust. In such circumstances, the trust will ensure the agency provides written confirmation that all appropriate checks, including an Enhanced DBS check, have been undertaken. In this case, a green lanyard can be given. If the supply arrangement is for a substantial length of time, a staff badge (blue) may be issued.
Trainee teachers sometimes undertake regulated activity, therefore an Enhanced DBS and barred list check will be obtained. Regulated Activity Whether someone is involved in regulated activity with a child (under 18) is defined by: a) the nature of the activity, and includes: any form of teaching, training, instruction, supervision or care of students Provision of advice or guidance to students regarding their wellbeing Driving a vehicle that is being used solely for conveying children and their carers or supervisors Other circumstances such as providing personal care, transport for a student or carer. NB: If providing health care or personal care to a student, the individual must have an Enhanced DBS check, even if the activity is carried out only once. b) the frequency of the work/visit - if the person engages in one of the activities above for more than once a week they are deemed to be in regulated activity. c) Intensity of the work/visit if the person engages in one of the activities above for 4 or more days in a 30 day period they are deemed to be in regulated activity d) Supervision is the person under day-to-day supervision from someone else who has been DBS checked and appropriately vetted this applies to volunteers only, not employees. (Employees paid and working in a specified establishment are in regulated activity). In respect of adults, if a visitor or member of staff delivers any of the following six activities to a student over 18 (even once), that student is deemed to be vulnerable and the visitor/member of staff is therefore in regulated activity. (a) the provision to an adult of health care by, or under the direction or supervision of, a health care professional (b) the provision to an adult of relevant personal care (c) the provision by a social care worker of relevant social work to an adult who is a client or potential client (d) the provision of assistance in relation to general household matters to an adult who is in need of it by reason of age, illness or disability (e) any relevant assistance in the conduct of an adult s own affairs (f) the conveying by persons of a prescribed description in such 3. Off Site Learning a. Trips and Visits Trip organisers should ensure risk assessments are completed for all trips and visits off site and include specific reference to safeguarding issues relating to contact with non-trust employees. The trust does not encourage family members/friends of staff/students to accompany college trips and visits. Staff should try to avoid this situation arising. However if this becomes unavoidable, express permission should be sought from the Principal. b. Foreign Exchange/Residential Visits
Where the decisions and arrangements for a residential/foreign exchange visit is made by the college, the college is deemed to be the regulated activity provider and has the responsibility to ensure all those involved in providing the activity to the student is not a barred person and as such will need to obtain an Enhanced DBS check (including the barred list) for individuals. However, where parents/carers make the arrangements or take responsibility for the selection of host parents/accommodation themselves, this will be a private matter and the college will not be the regulated activity provider and will therefore not be responsible for a DBS check. In arranging for students to stay with families or accommodation overseas, it is noted that the DBS cannot access criminal records held overseas. Host families or accommodation in other countries, therefore, cannot be checked in the same way as in this country. The college will work with partners abroad to ensure similar assurances are undertaken prior to a visit wherever possible and appropriate. Where parents/carers accept the responsibility for the selection of the volunteer host family and therefore DBS checks are not required, parents/carers should sign to acknowledge that the college has made them aware that DBS checks are not required and they are aware of potential safeguarding risks. c. Work Placements In line with guidance, the college is not able to request an Enhanced DBS check with the barred list information for staff supervising children aged 16 to 17 on work experience. Many students undertake work experience/community involvement placements where DBS checks are routinely performed by the employing organisation. All providers are vetted and, if required, any appropriate measures to reduce the risk to the student being harmed are put in place. We may facilitate DBS checks for New College students if this is required by work placement providers and in accordance with DBS guidance.