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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

1Jul

ISBL regional Conference Marriott Hotel, Southampton Road, Cosham, Portsmouth, PO6 4SH

Join our Partner Julia Green at this regional conference as she provides an overview of key legal developments that you should be aware of ahead of the 2021/22 academic year. Please note that this event was postponed from July 2020.

View event

7Jul

Grades without exams: explore practical challenges when preparing for grade appeals Online

In the final of our three-part ‘Grades without Exams’ webinar series, we will explore practical challenges when preparing for grade appeals and managing data requests.

View event

Focus on...

Legal updates

Exam appeals guidance released

The Joint Council for Qualifications (JCQ) this week published the appeals guidance for grades awarded this summer.

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Legal updates

Gavin Williamson provides clear indication of the Government’s vision for a fully academised state school system

Gavin Williamson has a clear vision for the future of the state-funded school system and that is for every school to be part of a family of schools in a strong multi-academy trust.

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Legal updates

Future-proofing your Centre Policy

Exams centres, including schools, have between 12 and 30 April 2021 to develop and submit their Centre Policy. This policy will set out the centre’s approach to assessment and quality assurance during this summer’s teacher assessed grading (TAGs) process.

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Legal updates

Preparing to award teacher assessed grades

Schools will now be tasked with reading a vast amount of information to get themselves ready to provide teacher-assessed grades (TAGs) for students following the recent publication of the suite of Joint Council Qualifications (JCQ).

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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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