Disclosure and Barring Service Check. Policy and Procedure 2013/14

Size: px

Start display at page:

Download "Disclosure and Barring Service Check. Policy and Procedure 2013/14"

Maximilian Anderson
7 years ago
Views:

1 Disclosure and Barring Service Check Policy and Procedure 2013/14 1. Background/Rationale 1.1 The pre-employment vetting of people working is not new. The Disclosure and Barring Service (DBS) facilitate the checking of records. The disclosure service offered by the DBS included Police records, PoCA list, information held under section 142 of the Education Act 2002 (List 99) and other relevant information disclosed at the Chief Police Officer s discretion. 1.2 Checks are carried out at 2 levels, standard and enhanced. Standard Disclosures show spent and unspent convictions and cautions. These Disclosures are only available to applicants seeking paid or voluntary work or training in an occupation which is exempt from Rehabilitation of Offenders Act Enhanced Disclosures show spent and unspent convictions and cautions. The police may also provide details of acquittals or other non-conviction information held on local police records, which are relevant to the job or voluntary position being sought. Enhanced Disclosures are only available to people seeking paid or voluntary work or training in a position where the normal duties include regularly caring for, training, supervising or being in sole charge of children under 18 years of age. 1.3 All posts in schools are subject to an Enhanced Disclosure.

2 1.4 The Disclosure Service is only one of a number of pre-employment safeguards against appointing people unsuitable to work with children and young people. All organisations are expected to recruit to posts/positions, by using the highest standards. This includes obtaining references from recent employers and if appropriate, questioning referees about the reference they have provided. 2. Key responsibilities 2.1 It is the responsibility of school governors to ensure that disclosure checks are carried out for all school staff. 2.2 The Head of School is responsible for ensuring the scheme is complied with. 3. Policy 3.1 All staff, volunteers, governors, agency workers, contractors, work experience providers and consultants working in schools must be subject to an enhanced disclosure check and receive a disclosure certificate indicating no relevant convictions, cautions etc before commencing their duties. 3.2 Existing employees in the school will be checked/rechecked as part of a 5 year rolling programme. 3.3 Where employees are found to have relevant convictions they will normally be immediately suspended pending an investigation and the application of the school s disciplinary policy. 3.4 Where an employee is found to have a conviction of any kind which s/he has not declared at the appropriate time advice should be taken from the school s HR advisors. 3.5 XXXXXXXXX will co-ordinate the administration of the disclosure service, and will oversee the application of this policy. 4. Procedure 4.1 New Employees (i) All employees, volunteers (including governors) and contractors in schools must be disclosure checked at an enhanced level. (ii) The Employee Specification for the post must include a satisfactory disclosure check at an enhanced level as a special feature. (iii) The recruitment advertisement must clearly state that the post is subject to a disclosure check and the level. (iv) A specific application form for such posts, which requires applicants to give authorisation for a check being made, must be used. (v) The successful candidate must complete a disclosure form and provide the necessary evidence for verification by the recruiting manager/principal.

3 (vi) Disclosure certificates will be issued by the DBS to the applicant who must bring their copy to the school as soon as they receive it. (vii) Successful candidates should not start work until a satisfactory disclosure certificate has been received. (viii) Candidates should be informed at the time that they are offered the post that it is subject to a satisfactory disclosure. (viiii) Where a satisfactory disclosure certificate is outstanding the Principal may carry out a risk assessment and introduce control measures e.g. supervised working, to allow a successful candidate to begin restricted duties. This must be expressly authorised (x) by Principal in conjunction with the Chair of Governors. The candidate must be told at the time that they start work, if it is prior to the outcome of a CRB check, that if the disclosure is not satisfactory their employment will be terminated. (xi) Some applicants have recent disclosure certificates issued through other regulated bodies. Provided they have an unbroken employment record and that the check was carried out within the last six months the certificate is valid. However you should be aware that there are difficulties in validating employment records and so all new appointees must be re-checked, but a risk assessment could allow such a person to start his/her duties. (xii) The statement of particulars issued to the cleared appointee must have a special feature referring to the frequency of re-checking required by the rolling programme. (xiii) The DBS details must be placed on the School s Single Central record (SCR). This is an Ofsted requirement. School Governors 4.3 School Governors are sent forms by the school. Original documentation is validated by the school and the form sent to the DBS. Volunteers in Schools 4.4 Volunteers in schools obtain forms from the school. Original documentation is validated by the school and the form sent to the DBS. Others 4.7 Other non-employees obtain forms from the school. Original documentation is validated by the school and the form sent to the DBS. 5. Procedure - Existing Employees 5.1 The school has a rolling programme of disclosure checks in accordance with this policy. 5.2 Checks will usually be carried out at 5 yearly intervals.

4 5.3 All new school employees will receive a statement in their terms and conditions of service, stating:- "Your continued employment in this post is subject to satisfactory enhanced Criminal Records Bureau (CRB) check at 5 yearly intervals. If unsatisfactory information is received your continued employment will need to be considered, the outcome of which may be dismissal." 5.4 All existing employees, where checks are to be implemented, should receive a contract variation letter advising them of this requirement. 5.5 In the event the employee refuses for a check to be made the employing manager will give the employee the opportunity to discuss their concerns. If the employee still refuses to comply with the requirement he/she will be required to attend a hearing, convened to consider their continued employment in the post in accordance with the School s Disciplinary Policy & Procedure or Some Other Substantial Reason (for dismissal) procedure (SOSR) as appropriate. 5.7 If a certificate indicating relevant convictions is received it may be necessary to consider suspending the employee from duties. Advice should be taken from the school s HR advisers. 5.8 Any allegations relating to child protection issues must be considered in accordance with the Area Child Protection Committee Red Book before any investigation takes place under this procedure. 5.9 Consideration should be given to suspending the employee as, if proven, the allegation would constitute gross misconduct. The Principal, and the governing body have the authority to suspend an employee. Advice should be taken from your school s HR advisers A hearing should be convened to consider the employee's continued employment in post. The hearing will be in accordance with the School s Disciplinary procedure An appeal against dismissal will be heard by a panel of Governors who have not been previously involved in the case The Principal should advise their staff that they are requested to inform their manager immediately if they are subject to a criminal conviction, caution, ban, police enquiry or pending prosecution. 6. Guidance 6.1 Disclosure certificates Disclosure certificates are received by the individual who must be told to bring their certificate into school as soon as possible. 6.2 Re-checking.

5 The frequency of checks should be every five years. 6.3 School governors will be checked upon their appointment and be re-checked at the start of their next term of office (normally 4 years). For other non-employees the situation is rechecking after a significant break with the organisation - e.g. 6 months.

Disclosure and Barring Service (DBS) Policy for Schools Based Staff

Working Draft V3 04 February 2013 Disclosure and Barring Service (DBS) Policy for Schools Based Staff 1. Introduction Northamptonshire County Council as a registered body undertakes criminal record disclosure