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As we thought, the government decided not to appeal the Court of Appeal decision ruling CRB checks unlawful. Instead, they will change the law to allow the Disclosure and Barring Service to filter out convictions, in limited circumstances.
And they are limited. To be removed, the individual must only have one conviction which did not result in a custodial sentence, it must be at least 11 years old (5 ½ years if under 18 when the conviction was received) and must not be a specified offence (sexual offences, for example).
For now, it is business as usual as this change will only come into force once new legislation has been passed.
So it’s a step in the right direction. Coupled with other vetting and barring changes, it will help ensure a sensible balance is achieved between protecting the vulnerable and an individual’s right to privacy.
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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