Keeping Children Safe in Education

Keeping Children Safe in Education What does the new guidance tell us? Dai Durbridge

This session - How we got here - Understanding Regulated Activity - DBS checks - Volunteers - Allegations against staff

Keeping Children Safe in Education How we got here

A reminder Bichard Report (2004) 37 recommendations including: one vetting and barring agency to register/monitor staff working with children and vulnerable adults Resulted in Safeguarding Vulnerable Groups Act 2006

A reminder The Safeguarding Vulnerable Groups Act 2006 Since 12 October 2009: Definition of Regulated Activity in force ISA responsible for barred lists/barring decisions Offence to work in Regulated Activity if barred Legal duty to refer came into force Sir Roger Singleton and the Protection of Freedoms Act 2012

A reminder Drawing the Line (Dec 09): By 2009, concern expressed that the scheme was going too far Report recommended tweaks which resulted in two million people no longer required to register

A reminder Protection of Freedoms Act 2012: ISA and CRB merged to form the Disclosure and Barring Service (DBS) Additional tweaks (e.g. Controlled Activity dropped)

The previous guidance Safeguarding Children and Safer Recruitment in Education In force since 2007 Quite a few changes since then Don t throw it away just yet

So where are we now? Keeping Children Safe in force immediately Lots of changes, some good, some less than good Rest of today will be spent exploring these key themes:

This session - How we got here - Understanding Regulated Activity - DBS checks - Volunteers - Allegations against staff

Keeping Children Safe in Education Understanding Regulated Activity

Regulated Activity - schools Involves contact with children and is: Schools are defined as specified settings in the Act All activity within those settings is Regulated Activity (as long as the blue box applies)

Period condition More than 3 times in a 30 day period = Frequent or Intensive At any time between 2am and 6am with opportunity for face to face contact = overnight

Regulated Activity - FE Activity is Regulated Activity if it is: carried out frequently or the period condition is satisfied carried out in an educational institution which is exclusively or mainly for the provision of full-time education to children carried out for/in connection with purposes of the establishment it gives that person opportunity, in consequence of anything he is permitted or required to do in connection with the activity, to have contact with children

Period condition More than 3 times in a 30 day period = Frequent or Intensive At any time between 2am and 6am with opportunity for face to face contact = overnight

What about volunteers? Definition is the same, but there is a difference in approach for supervised and unsupervised volunteers More on that later

This session - How we got here - Understanding Regulated Activity - DBS checks - Volunteers - Allegations against staff

Keeping Children Safe in Education DBS checks

Now three types Standard: PNC check for records of convictions, cautions, reprimands and warnings Enhanced: PNC check for above, plus other information held by police that they consider relevant; and Enhanced with barred list information: for those engaged in Regulated Activity. Includes a check of the Children s Barred List

Enhanced v- Enhanced with barred list check Only practical difference is whether they are barred or not Chances of an individual being barred and the enhanced information not giving you cause for concern? Simple rule to remember: You can only get a barred list check if the individual is engaged in Regulated Activity

Received by applicant only The disclosure is now sent only to the individual: Can you rely on employee to provide it? Is there a risk of fraud? DBS Safeguard: Where a new certificate is applied for but not passed to the registered body, DBS will send a copy to the registered body

This session - How we got here - Understanding Regulated Activity - DBS checks - Volunteers - Allegations against staff

Keeping Children Safe in Education Volunteers

The two (well, four) types of volunteer Different approaches for: New supervised volunteers Existing supervised volunteers New unsupervised volunteers Existing unsupervised volunteers

Supervised volunteers New supervised volunteers Existing supervised volunteers

Unsupervised volunteers New unsupervised volunteers Existing unsupervised volunteers

Supervised v- unsupervised An illogical distinction with little sense or appreciation of risk

Supervised v- unsupervised An illogical distinction with little sense or appreciation of risk my view

Supervised v- unsupervised An illogical distinction with little sense or appreciation of risk my view What is the reality of position?

Supervised v- unsupervised An illogical distinction with little sense or appreciation of risk my view What is the reality of position? A barred list check is the difference

Supervised v- unsupervised An illogical distinction with little sense or appreciation of risk my view What is the reality of position? A barred list check is the difference What can you do to limit any (perceived) risk?

This session - How we got here - Understanding Regulated Activity - DBS checks - Volunteers - Allegations against staff

Keeping Children Safe in Education Allegations against staff

KCS Part 4 Allegations against staff guidance set out in Part 4 Word for word copy of the 2012 guidance, bar one point: Now four available outcomes instead of five Unfounded removed No impact on any other part of the guidance

This session - How we got here - Understanding Regulated Activity - DBS checks - Recruitment - Volunteers - Allegations against staff

Four key messages to take away

Four key messages to take away 1. Understand Regulated Activity and DBS checks

Four key messages to take away 1. Understand Regulated Activity and DBS checks 2. Will you continue to DBS check all new recuits?

Four key messages to take away 1. Understand Regulated Activity and DBS checks 2. Will you continue to DBS check all new recuits? 3. Decide how to treat/manage your volunteers

Four key messages to take away 1. Understand Regulated Activity and DBS checks 2. Will you continue to DBS check all new recuits? 3. Decide how to treat/manage your volunteers 4. Keep yourself and your staff up to date

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Questions Dai Durbridge 0161 300 8037 dai.durbridge@brownejacobson.com

Keeping Children Safe in Education What does the new guidance tell us? Dai Durbridge