Hodgson Academy

DBS Policy

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Statement of intent

At Hodgson Academy we are committed to the welfare of our staff, students and visitors.

Ensuring the safety of our community is of paramount importance to us and this policy

reflects our dedication to creating a safe environment where pupils are cared for

appropriately and safeguarded from harm.

Disclosure and Barring Service (DBS) checks replaced Criminal Record and Background (CRB)

checks in 2012.

DBS checks enable the Academy to ascertain an individual’s suitability to work with children

and in an educational environment.

This policy has been created to inform staff, students and parents of the measures taken by

the Academy to ensure all employees and pupils are safe and cared for. In addition, it

outlines our commitment to meeting legislative requirements, DfE standards, data

protection responsibilities and Ofsted guidance as outlined in the Policy.

The Academy is also committed to the elimination of discrimination and to equal treatment

in employment. This applies to prospective employment and all stages of employment and

includes providing equal opportunities to both potential and existing employees, including

ex-offenders, subject to the over-riding duty to protect children and young people. The

policy and procedure has been developed to comply with legislation relevant to DBS

checking.

The Academy recognises that criminal record checking forms part of a safer recruitment/

safer culture and is committed to ensuring that the other appropriate policies/procedures

(listed below) are in place to complement this policy including.

Recruitment and Selection Policy

Staff Code of Professional Conduct

Dealing with allegations against staff

Whistleblowing Policy

Policy on the Employment of Ex-Offenders

Equality and Diversity Policy

1. Organisation

Duties of the Governing Body

The Governing Body, in consultation with the Principal will:

Ensure familiarity with requirements of the appropriate legislation and codes of

practice.

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Create and monitor a management structure responsible for safeguarding pupils and

ensuring the correct use of DBS checks in the Academy

Periodically assess the effectiveness of the Policy and ensure any necessary changes

are made.

Duties of the Principal

The Principal has the general responsibility for the day-to-day implementation of the DBS

Policy throughout the Academy but may delegate these responsibilities to some extent.

The Principal will:

Take all reasonable and practicable steps to ensure the DBS Policy is implemented

correctly

Designate the Finance Director and the HR / Daily Operations Manager to be

responsible for the day-to-day implementation of the DBS Policy. These individuals

will liaise with the DBS service where necessary

Duties of all members of staff

All staff will familiarise themselves with the DBS Policy and aspects of their work related to

safeguarding.

2. Legislative requirements

The Academy is committed ensuring it meets all legislative requirements pertaining to

safeguarding and background checks as prescribed in the following (the list is not exhaustive

and other guidance, legislation and regulations may form part of the Academy’s policy):

The DBS Code of Practice.

The Safeguarding Children and Safer Recruitment in Education DfE guidance.

Keeping Children Safe in Education April 2014

The Data Protection Act 1998.

The Freedom of Information Act 2000.

The Education Act 2002.

Such guidance / instruction, when issued, may over-ride the Academy’s policies and

procedures pending them being formally reviewed

3. School/Academy procedures

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Enhanced check with a Barred List check This check is available to anyone employed in regulated activity i.e. regularly caring for, training, supervising or being in sole charge of children. It is important to request the check to be made for working with children as this may make a difference to the information that is disclosed. Such a check will show the criminal record of an individual including those convictions that are ‘spent’, any additional information from the police and a check against the Children’s Barred List. Enhanced check Whereas all employees in the Academy are entitled to an enhanced check with a check of the Barred List, volunteers including Governors may not be as it will depend on their frequency of access to children and whether or not they are supervised.

All volunteer staff will be classed as unsupervised volunteers and therefore subject to an

enhanced DBS and Barred List check. The roles that volunteers undertake can be varied and

from time to time supervision would not necessarily be possible hence the academy policy

that they will be classed as unsupervised.

New Staff

All new employees at Hodgson Academy are subject to a satisfactory enhanced DBS

check and Barred List check.

All advertisements for positions at the Academy include the requirement for an

enhanced DBS check.

All job application forms sent to candidates contain a requirement to admit any

criminal convictions, warnings or cautions.

All candidates invited to interview are required to provide evidence of identity and

address.

Successful applicants are required to complete a DBS application as soon as

practicable after the interview process.

Applicants for teaching and other positions as appropriate are required to produce

original certificates of qualifications.

An enhanced DBS check (and barred list check) is required for all successful job

applicants who are: teachers, education support staff, ICT and administrative staff,

maintenance and cleaning staff. An enhanced check includes a check on police

records. Where these records contain additional information that may be relevant to

the post, the police may release information for inclusion in an enhanced check. In a

very small number of circumstances, this additional information may be sent under

separate cover to the counter signatory and will not be revealed to the applicant.

DBS certificates are sent directly to the applicant’s home address. The applicant will

have to produce the DBS Certificate as a condition of employment.

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Written references are always requested in support of applicants and these are

always followed up by contact with the previous employer.

Pre appointment checks In addition to DBS checks, anyone who is appointed to carry out teaching work will require an additional check to ensure they are not prohibited from teaching. 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 including:- 1. Verification of a candidate’s identity, preferably from current photographic ID and proof of address except where, for exceptional reasons, none is available; 2. Obtaining a certificate for an enhanced DBS check with a Barred List check where the person will be engaging in regulated activity; 3. Obtaining a separate Barred List check if an individual will start work in regulated activity before the DBS certificate is available; 4. 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; 5. Verification of the candidate’s mental and physical fitness to carry out their work responsibilities. (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) 6. Verification of the person’s right to work in the UK; (If there is uncertainty follow advice on the GOV.UK website) 7. If the person has lived or worked outside the UK, make any further checks the school or college consider appropriate 8. Verification of professional qualifications, as appropriate.

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, the school or college 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: www.gov.uk/dbs-update-service 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 a school or college may request an enhanced DBS check with barred list information should there be concerns and bearing in mind the duty schools and colleges are under, not to allow a barred person to work in regulated activity.

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• A school or college may not request an enhanced DBS check with barred list check for anyone working in the school or college who is not in regulated activity, but may request an enhanced DBS check without a barred list check. Commencing Appointment Pending Disclosure

The Academy is able to allow an employee to start employment pending a DBS check as long as other recruitment and vetting checks have been carried out. The Principal should weigh up the risks on a case by case basis and as a minimum ensures that:-

The individual has completed a DBS Declaration Form;

A risk assessment is carried out where required;

The individual is appropriately supervised;

All other checks, including checking Information that is held under Section 142 of the

Education Act 2002 (the Children’s Barred List) have been completed;

The disclosure application is submitted before the individual commences work. Disclosure of Convictions Arising During Employment Employees are required to declare any cautions, convictions or reprimands (including

judgements or investigations pending) that they receive during the course of their employment. The relevance of such disclosures will be considered as necessary in light of their seriousness and in accordance with relevant school policies.

Supply staff Staff supplied to the Academy via an Agency will be subject to checks by the agency itself. In all cases the Academy will obtain written confirmation from the agency that appropriate checks have been completed. The Academy is not required to see evidence that the checks have been completed although it must have sight of a DBS check where relevant

information is recorded. If the Academy wishes the individual to commence work where information has been added to the disclosure, the Academy must undertake a new check for the individual (ensuring that the person does not start work until it is received).

Supply teachers must bring proof of identity on their first day of work at the Academy.

Supply teacher agencies are required to confirm that supplied staff members have relevant,

clear and current enhanced DBS checks and Barred List check for regulated activity.

Portability of disclosures for agency staff

A Disclosure may be passed from agency to agency, between LAs and agencies, and between academies and agencies if the subject gives written consent. Regulations under the

Police Act also authorise passing Disclosure information from agencies to academies where the subject’s suitability for work at the Academy is under consideration. If, exceptionally, the DBS check refers to the existence of information in addition to that on the face of the

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check, a supply agency cannot pass this information on to a School / Academy. In this instance, the Academy should obtain a new check prior to any work commencing.

Governors

The Academy requires enhanced DBS checks (with Barred List check as necessary) to be

undertaken in respect of governors.

Visitors

Visitors to the Academy are not permitted unsupervised access to pupils and therefore DBS

checks are not required. This includes contractors who are on school site to complete

emergency repairs / relevant maintenance and are being appropriately supervised.

Applicants with recent overseas residence

This includes all applicants, whether British nationals or not, with recent periods of overseas

work or residence.

The Finance Director and HR / Daily Operations Manager are responsible for

ensuring all applicants with a record of overseas work have work permits if required.

Police clearance to work with students is also required from their home country.

These checks are in addition to the enhanced DBS checks required for all applicants. Staff from overseas Overseas staff to be checked Newly appointed staff and staff recruited since 2002 who have lived outside the United

Kingdom must undergo the same checks as for all other staff in academies. This includes an Enhanced DBS with a barred list check. Additional checks to conduct Academies should ensure that they have confirmation of each individual’s right to work in the UK and this information should be included on the Single Central Record. This should include passport information for EEA nationals and the date a work permit was received for those who require them. In addition, academies must make such further checks as they consider appropriate due to the person having lived outside the United Kingdom. These

further checks must be completed prior to an individual starting work. DBS checks will not generally show offences committed by individuals whilst living abroad (except in the case of service personnel and their families). Therefore, in addition to an enhanced DBS with Barred List check, additional checks such as obtaining certificates of good conduct from relevant embassies or police forces are necessary. The level of

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information contained in these certificates varies from country to country: some are complete extracts from the criminal record; others are partial. Extra care should, therefore, be taken in ensuring that references are taken up and that other background checks are conducted. Further guidance on overseas appointments Further information about the criminal record information, which may be obtained from overseas police forces and countries, is available from the DBS at www.homeoffice.gov.uk/agencies-public-bodies/dbs.

Extended Schools and Before and After School Activities Where the Academy provides services or activities directly (under the supervision or Academy staff) the Academy’s arrangements for safeguarding and child protection will apply.

Where services or activities are provided separately by another body, the Academy should seek assurance that the body concerned has appropriate policies and procedures in place in

regard to safeguarding children and child protection, and there are arrangements to liaise with the Academy on these matters where appropriate. Contractors and sub-contractors Contracted staff who come into regular contact with children such as cleaning, caretaking and kitchen staff must be checked by the contractor in the same way as Academy employees, including having an enhanced DBS with barred list check and such requirements form part of their contract. The outcome of such checks must be notified to the Academy and be included on the SCR. The contractor is also responsible for ensuring that the same

procedures are followed by any sub-contractors. The contractor must provide the Academy with a list of its direct employees and sub-contractors (and their employees). Building contractors Children should not be allowed in areas where builders are working, for health and safety reasons, so these workers should have no contact with children and as such no DBS checks are necessary. The Academy will ensure that arrangements are in place with contractors, via the contract where possible, to make sure that any of the contractors’ staff that come into contact with children undergo appropriate checks including an enhanced disclosure.

The Academy recommends that the contractor should provide the Academy with written confirmation to this effect although the Academy is not required to see evidence of such checks. The Term contractors refer to any one coming into school to undertake a piece of work. Schools and colleges should have arrangements in place with contractors to make sure that

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the contractor, or any employee of the contractor, working at the school or college 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). If a contractor working at a school or college is self-employed, the school or college will consider obtaining the DBS check, as self-employed people are not able to make an application directly to the DBS on their own account. The Academy will always check the identity of contractors and their staff on arrival at the Academy.

School Exchange Host Families UK host families providing accommodation for foreign students in organised exchange visits must have an enhanced DBS check. This is in line with guidance to schools in respect of volunteers involved in activities requiring an overnight stay in the DfE document Safeguarding Children and Safer Recruitment in Education. It is also recommend that schools give host families basic awareness of child protection issues and the contact details of the Designated Senior Person for Child Protection in the school. Where the visit is less than 28 days the DBS check will include all adults living at the address of the lead family member. If the visit is longer it will be treated in the same way as a private fostering

arrangement and advice from HR should be sought. Work experience organisers & placement providers Students undertaking work experience placements There are occasions where children and young people may be placed in settings outside the Academy setting – for instance as part of work experience at Key Stage 4. ‘Safeguarding Children and Safer Recruitment in Education’ should be used in determining

what measures should be in place for work experience placements. The following sections in particular will be of particular relevance:

Pages 68 – 78, Annex A: Safeguarding Children – Additional Advice and Guidance

Pages 112 – 120, Appendix 14 – Extended Work Experience and Child Protection

These two sections discuss short and long term placements and extended work experience. Deciding if DBS checking is required

In deciding whether a DBS check is needed, the duty of care remains with the Academy. Full details of whether the placement of a child does or does not need to be DBS checked are set out in the aforementioned guidance. In most cases, safeguards will be necessary for placements in the same workplace when one or more of the following conditions apply. The placement is:

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For more than one day per week, every week, over one term;

For longer than one term in any academic year;

Children who may be vulnerable, e.g. those who have special needs;

One where the workplace supervisor or a colleague will have substantial

unsupervised access to the child because of the nature of the business (for instance, self-employed or out on the road);

Residential or has a residential component. In all cases, however, the rationale behind any decision not to have a DBS check should be

recorded. Because work experience placement providers are regarded as volunteers, there are no direct costs for obtaining checks via the DBS to the Academy. Work experience students placed in academies Work Experience students placed in academies are not required to obtain clearance from the DBS because it is not expected that they will at any time be left unsupervised whilst working with children. Additionally, since the introduction of The Protection of Freedoms Act 2012, it is not possible to obtain an enhanced check or barred list check for anyone under the age of 16.

Teaching trainees or graduates placed in academies Student (placements) or Teaching Graduate Trainees placed in academies should have an Enhanced DBS with Barred List check. Enhanced DBS with Barred List checks are undertaken by the initial teacher training provider so that disclosures are received prior to the trainee commencing training. The Academy will ensure that this is in place prior to the trainee commencing at the Academy.

School Experience Placements

School Experience placements are allowed one day in the Academy in a supervised capacity. If they wish to take advantage of up to a further 9 days in the Academy then a DBS must be undertaken by the Academy before they can proceed further.

Self-employed individuals undertaking work in Academies

Checks required for the self-employed The DBS recommends that self-employed persons should be subject to an enhanced

disclosure (paid for by the individual) prior to commencing a role in circumstances where there is likely to be unsupervised access to children (in a school setting this may include

music tutors for example). The normal vetting checks such as identity checking should also be conducted.

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Academies can obtain DBS checks for self-employed people who will be working on the premises as long as the disclosure is intended to be used to consider their suitability for undertaking a particular role. Self-employed individuals are not able to obtain their own personal checks via the DBS. Currency of DBS checks for the self-employed There is no definitive guidance in terms of the portability of DBS checks for self-employed individuals. Subsequently, the Academy leadership will consider where re-checking may be appropriate on a case by case basis – consideration should be given to the duration of the

anticipated work and the level of contact with pupils. People where there is no requirement for the Academy to undertake a DBS Check

Individuals including psychologists, nurses and dentists,(because they will have been

checked by their own organisations). However, the school should check the identity of such staff on arrival to ensure impostors do not gain access to children and also

gain confirmation from the employer that they are suitably DBS checked

Volunteers or parents who only accompany staff and children on one off outings or

trips that do not involve overnight stays, or who only help at specific one off events e.g. a sports day, fête;

Secondary pupils on Key Stage 4 work experience in other academies, or nursery classes;

Secondary pupils undertaking work in another School / Academy as part of voluntary

service, citizenship or vocational studies;

Key Stage 5 pupils who are in a short career or subject placement. In these cases the

School / Academy placing the pupil should ensure that s/he is suitable for the placement in question;

People who are on site before or after the normal opening hours of the Academy

and when children are not present, e.g. local groups who hire premises for community or leisure activities.

Existing Staff

There is no requirement for existing staff who were recruited prior to the establishment of

the DBS (previously the Criminal Records Bureau) in March 2002 and who have continuity of

service (ie no break longer than 3 months) to be DBS checked. The only requirement for

these staff is to have been checked against the Children’s Barred List (List 99) which was

done as part of the Police check at the time.

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Routine renewal checks are not required. This is made clear within Ofsted guidance. Extract from Ofsted Safeguarding Briefing to Inspectors September 2013

11. Regardless of Local Authority procedures, it is the governing body’s responsibility to ensure that safe recruitment checks are carried out in line with statutory requirements, currently set out in Safeguarding children and safer recruitment in education. There is no requirement for schools to carry out retrospective checks on current staff – the necessary checks are those that were in force at the time the appointment was made. There has never been a statutory requirement for DBS disclosure certificates to be renewed, except for agency staff or those with breaks in service, and the DfE is renewing and strengthening its guidance to deter schools from such routine re-checks which are considered to be a poor use of resources. Inspectors should avoid giving any impression that Ofsted considers such routine re-checks to be good practice.

The Academy reserves the right to request an appropriate DBS check at any time, when any information becomes available that gives cause for concern.

4. Positive Disclosures

All positive disclosures, regardless of the seriousness of the offence/conviction/charge, are

subject to an objective assessment.

The Finance Director will consider the magnitude of any DBS disclosures.

Major disclosures will be discussed with the Principal, who will be asked for clearance for

the candidate to be rejected.

Serious disclosures, those that do not pose a risk to students, will also be discussed with the

Principal. The Finance Director will endeavour to ascertain the relevant facts from the

individual and to bring the matter to a conclusion. The candidate will be sent a rejection or

acceptance letter, in keeping with the Academy’s procedures.

Minor disclosures will be dealt with in a discussion between the candidate and the Finance

Director. The Finance Director will recommend whether to reject or accept the applicant.

The following considerations will be taken in relation to positive DBS disclosures:

The relevance of the disclosure in relation to the position applied for.

The nature of the offence or other matters revealed.

The length of time since the offence or other matters occurred.

Whether there is a pattern of offending behaviour.

Whether the candidate’s circumstances have changed since the offending behaviour

or other matters occurred.

Any extenuating circumstances surrounding the offence and explanations offered.

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In exceptional circumstances, if an offer is made following a positive disclosure, an

employment risk assessment may be completed.

A record of all recruitment decisions following positive DBS disclosures will be kept by the

Finance Director using the form provided in Appendix A.

Depending on the circumstances of each case, the Chair of Governors and the Principal will

be asked to countersign the form.

5. The recruitment of ex-offenders

Under the Protection of Children Act 1999 and the Criminal Justice and Courts Service Act

2000, the School/Academy cannot employ persons who may have regular contact with

children who are:

Included on the barred list (a list maintained by the Secretary of State for Health of

people judged to be unsuitable to work with children).

Subject to a disqualifying order made on being convicted or charged with the

following offences against children: murder, manslaughter, rape, other serious

sexual offences, grievous bodily harm and/or other serious acts of violence.

The Academy also consider it extremely high risk to employ persons, who may have regular

contact with students, if they have been convicted of or charged with any of the offences

above regardless of who it is against or for serious drug related offences.

The Academy is required to send each applicant its Policy on the Recruitment of Ex-

offenders (Appendix B).

6. Record keeping

Retention of Information Confidentiality of information Information disclosed as part of a recruitment process, via self-declaration during the course of employment or as part of a DBS checking process will be treated as highly confidential. It is an offence for information in a disclosure to be passed to anyone who does not need it in

the course of their duties. Compliance with DBS standards

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Disclosure information will be managed in accordance with DBS guidance on the security and retention of disclosures and disclosure information (see www.homeoffice.gov.uk/agencies-public-bodies/dbs). The key provisions are:-

Disclosures will not be retained for periods longer than necessary (normally a maximum of 6 months from the date of the disclosure);

Disclosures will be destroyed by secure means at the end of any retention period;

The Academy will keep where applicable, the letter/email from the DBS Umbrella organisation confirming clearance of the individual;

DBS disclosures must not be photocopied under any circumstances.

Records to be retained Before a Disclosure is destroyed, records need to be kept by the Academy detailing:-

The date the Disclosure was obtained;

Who obtained it (i.e. the Academy, local authority, supply agency);

The Unique Reference Number from the disclosure certificate.

The Academy will also keep:-

A note of what other information was used to assess suitability;

The letter(s) sent to the individual and the Academy confirming clearance.

In addition, where a disclosure reveals information about an individual the record of positive check will be completed and retained on the personal file of that individual. This record will not detail information about actual offences disclosed. These measures accord with the requirements of both the DBS and the Academy’s SCR. Academy Record Keeping of Recruitment and Vetting Checks

Single Central Record (SCR) The DfE requires all Academies/Schools to be able to demonstrate that they have robust and accurate records of all recruitment and vetting checks carried out. This information must be compiled into an SCR of completed checks in each Academy. The SCR is often the first document an Ofsted Inspector will ask to see and failure to produce an SCR evidencing that all the appropriate checks have been made will have an immediate and serious impact on the outcome of the inspection

People to be included on the central record

All staff who are employed to work at the Academy

All staff who are employed as supply staff to the Academy, whether employed directly by the Academy or through an agency;

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All others who have been chosen by the Academy to work in regular contact with children (volunteers and governors who also work as volunteers);

People brought into the Academy to provide additional teaching or instruction for

students but who are not staff members, such as specialist sports coaches, music tutors or artists:

All others, who are brought into the Academy and have regular contact with the children in the Academy.

Checks to be included on the Single Central Record

The Single Central Record must indicate whether or not the following have been completed:

Identity checks;

Qualification checks for any qualifications legally required for the job e.g. those posts where a person must have QTS or NPQH;

Additionally, for those applying for teaching posts, registration check with the Teaching Agency where appropriate;

Checks of right to work in the United Kingdom;

Checks on information held under the Children’s Barred List

DBS Enhanced Check and number;

Further overseas records checks where appropriate.

The information needs to be recorded on the SCR by the person in the Academy with the responsibility for doing so. That person should sign and date the record to verify that they have checked the employee’s (or volunteer’s) details. The record needs to show the date on which check was completed or the relevant certificate obtained and should show who carried out the check.

Disclosure information will only be used for the specific purpose for which it was requested

and for which the applicant’s consent has been given.

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Appendix A – Record of Recruitment Decision

All positive disclosures relevant to child protection, regardless of the seriousness of the

offence(s) or other matter revealed, are subject to objective assessment. All sections of the

following form must be completed and retained on file.

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Personal Details

Date:

Applicant’s name:

Position applied for:

Assessment

Does the applicant meet all the essential criteria for the role,

including skills, knowledge and ability? Yes No

Is the nature of the offence(s) directly related to the role? Yes No

When did the offence(s) occur? Less than 2

years ago

More than 2

years ago

Is there a pattern of related offences? Yes No

Is there a pattern of unrelated offences? Yes No

Is the context still relevant today? Yes No

Was the offence(s) committed at work? Yes No

What level of independence will the role entail? Close

supervision

Minimal

supervision

Does the applicant show a determination not to re-offend? Yes No

Did the applicant reveal the offence(s)? Yes No

What response was given when questioned about the

offence(s)? Yes No

Have two references been received? Yes No

What information did the referees provide on the candidates

suitability? Yes No

Does the applicant constitute a risk? Yes No

Recommendation

Name: Declaration: I understand the Academy Policy on the Recruitment of Ex-offenders and, having considered all relevant information, I believe the applicant does/does not* constitute a risk to children for the following reasons:

Therefore, the applicant should/should not* be offered this role.

*Delete as appropriate.

Signed: Finance Director

Date:

If proposing to appoint a person convicted of a high risk offence, the Principal and the Chair

of Governors will countersign below.

Signed: Principal

Date:

Signed: Chair of Governors

Date: