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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

12Mar

ASCL Annual Conference Online

Come and meet the team at ASCL’s annual conference.

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8Jun

PraxisAuril 2021 Conference Online

Come and meet our Head of Higher Education and IP specialist Helen Jones at this two day event. We’ll be on hand to discuss how our full service team can help your institution realise your goals. Please note that this event was postponed from June 2020.

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focus on...

Legal updates

be connected newsletter for education - March 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

Responding to supplier administrations

Given the impact of the Covid-19 pandemic, the financial pressure that many companies are currently under may prove insurmountable.

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Legal updates

Advocacy in Action: school places during a national pandemic

Our team of qualified barristers will be reflecting on their extensive experience at hearings before Courts and Tribunals nationwide to identify key issues and lessons for education providers, considering the issue of claims arising from school placements during Covid-19 lockdown.

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Legal updates

Laptops and lifelines

As lockdown continues, technology shortages mean many pupils do not have the laptops or equipment they need to engage in remote learning.

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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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