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Safer recruitment update for schools and academy trusts

22 February 2021

DBS filtering changes

New rules on DBS filtering came into effect on 28 November 2020 resulting in youth cautions, warnings and reprimands no longer being disclosed automatically on a Standard or Enhanced DBS certificate. You will need to tweak your recruitment and selection processes to reflect these changes.

Regardless of whether or not they were suspended, all other specified offences (as listed here) will always be disclosed in addition to all convictions resulting in a custodial sentence.

Our advice was (and remains) that you should not ask for criminal record disclosures in your application form. Instead, you should question candidates about previous criminal history during interview.

Guidance about whether a conviction or caution should be disclosed can be found on the Ministry of Justice website.

KCSiE

The latest addition of Keeping Children Safe in Education (KCSiE) has removed the references to European Economic Area sanction checks. This is because the UK is no longer part of the EU and we are therefore no longer able to access this database As a result, the latest KCSiE guidance requires schools and academies to request a letter of professional standing from the professional regulating authority in the country in which the applicant has worked.

Whilst we do not anticipate that this will result in a big change of practice, the new process will be significantly slower than the previous EEA Sanction check, which should be considered when looking at recruitment timeframes.

To ensure that you remain compliant and avoid any unnecessary risk we are pleased to share with you the following complimentary resources:

If you would like further clarity on these changes or would like support with your recruitment processes or practises, please contact our team of dedicated HR Consultants.

Training and events

6Oct

Autumn regional HR forum - Manchester Online

We are pleased to invite you to join us at our next Manchester regional HR forums, providing an excellent opportunity to network, keep updated on topical matters and share best practice. We want these to be your events, and for you to get as much out of them as possible.

View event

12Oct

Autumn regional HR forum - Nottingham Online

Join us at our next regional HR Forums held in Nottingham, providing an excellent opportunity to network, keep updated on topical matters and share best practice. We want these to be your events, and for you to get as much out of them as possible.

View event

Focus on...

Legal updates

be connected newsletter for education - September 2021

In this edition we provide you with the latest in legal updates, news and insight from the sector.

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Legal updates

Updated guidance on Covid-19 vaccination: 12 to 15 year olds

On 13 September the Department of Health and Social Care announced that young people aged 12 to 15 are to be offered a Covid-19 vaccine. People aged 12 to 15 in England will be offered one dose of the Pfizer/BioNTech COVID-19 vaccine, following advice from the four UK Chief Medical Officers (CMOs).

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Legal updates

Bill introduced to Parliament to enable Ofsted to have powers to inspect MATs

A former teacher and MP on the current Commons Education Select Committee, Jonathan Gullis, has introduced a bill to give Ofsted the power to inspect Multi Academy Trusts (MATs).

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Legal updates

Information Tribunal supports school’s position to refuse an FOI request for assessment data of other students

Following the awarding of qualifications based on determinations made by staff at examination centres over the past two years during the Coronavirus pandemic, a number of students and their parents have sought to challenge the awards.

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The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

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