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School staffing (England) (amendment) regulations 2015

Changes are due to come into force on 29 June 2015 regarding the requirements on governing bodies of maintained schools in England when carrying out checks concerning the suitability of people appointed as members of school staff.  

The changes in the School staffing (England) (amendment) regulations 2015 reflect those made by the Protection of Freedoms Act 2012 relating to the way the Disclosure and Barring Service(DBS) can be asked to carry out checks.

The governing body must obtain an enhanced criminal record certificate in relation to any person who the governing body has approved, identified, selected or recommended for appointment and who it is intended will engage in relevant activity.

In relation to staff supplied to maintained schools by employment businesses, there will be a requirement for an enhanced criminal record certificate to be obtained in cases where the proposed new member of staff will be engaging in relevant activity as defined by the Regulations such as regularly being responsible for supervising children or having regular opportunities for contact with them at the school.

The amended regulations also place a requirement upon governing bodies to consider requesting an update from DBS regarding whether the information in an enhanced criminal record certificate is still current.  In cases where supply staff hold an enhanced criminal record certificate which is older than three months, this may still be used if the DBS confirms that the information in the certificate is still current.  

For further assistance, NAHT members may contact the specialist advice team on 0300 30 30 333 (option 1) or by email at specialistadvice@naht.org.uk.

Page Published: 06/05/2015