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This week the Court of Appeal said what many of us thought - disclosing every conviction on a Criminal Records Bureau (CRB) check without any consideration of relevance is unlawful. Regardless, the Home Secretary seems intent on appealing the decision to the Supreme Court.
In my view, she faces an uphill task. Three senior judges reached this decision having heard from legal teams in three different cases, so being granted a right of appeal is far from guaranteed. More importantly, the decision makes sense. When a 55 year old man applies for a role in a school, does it really make any difference to his employability if he had a minor conviction or caution 35 years earlier? Such convictions would be irrelevant in almost every case.
What should flow from this is a simple change in the law to impose a duty on the police or the government to consider the relevance of convictions before adding them to the CRB certificate.
The recent case of R (on the application of A Parent) v Governing Body of XYZ School [2022] EWHC 1146 (Admin) provides some welcome and reassuring guidance to governing boards on the exclusion reconsideration process.
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With 19 HR experts now supporting over 500 schools and trusts across the country, in this edition of 60 seconds we sit down with Emma Hughes, who leads the team, to discuss what this significant milestone means to her.
In order to reduce the risk of potential breaches, schools should follow this Health and Safety Executive guidance.
A ResPublica report highlighted that asbestos continues to be the UK’s number one occupational killer, with nurses and teachers 3 to 5 times more likely to develop mesothelioma than the general UK population. The House of Commons Work & Pensions Select Committee is investigating how the HSE manages the continued presence of asbestos in buildings.
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