Requirements in relation to staff
4.—(1) After paragraph 3 of Part I of the Schedule insert—
“Suitability of staff
3A.—(1) This paragraph applies to the appointment of a person to a position at the school which is not the position of Chair.
(2) No person is to be appointed to a position at the school to which this paragraph applies unless the requirements of sub-paragraphs (3) to (7) below are met.
(3) The identity of any such person is checked, he meets all relevant staff qualification requirements and a check is made of his right to work in the United Kingdom.
(4) An enhanced criminal record check is made in respect of any such person and the enhanced criminal record certificate which is the subject of the application is obtained before or as soon as practicable after his appointment.
(5) In the case of any such person for whom, by reason of his living or having lived outside the United Kingdom, obtaining such a certificate is not sufficient to establish his suitability to work in a school, such further checks as the relevant person considers appropriate, having regard to any guidance issued by the Secretary of State, are made.
(6) In the case of a person who cares for, trains, supervises or is in charge of children for whom accommodation is provided, Standard 38 of the National Minimum Standards for Boarding Schools or, where applicable, Standard 27 of the National Minimum Standards for Residential Special Schools is met.
(7) The checks referred to in sub-paragraphs (3) and (6) are completed before a person’s appointment.
(8) Sub-paragraphs (4) to (6) do not apply to a person who has worked in—
(a)a school in England in a position which brought him regularly into contact with children or young persons; or
(b)a maintained school in England in a position to which he was appointed on or after 12th May 2006 and which did not bring him regularly into contact with children or young persons; or
(c)an institution within the further education sector in England in which his position involved the provision of education which brought him regularly into contact with children or young persons,
during a period which ended not more than three months before his appointment.
Supply staff
3B.—(1) No person supplied by an employment business to the school may begin work as a teacher or member of support staff at the school unless the relevant person has received—
(a)written notification from the employment business in relation to that person—
(i)that the checks referred to in paragraph 3C(5)(a) have been made;
(ii)that an enhanced criminal record check has been made, or an enhanced criminal record certificate has been obtained in response to an enhanced criminal record check by that or another employment business; and
(iii)whether, if the employment business has obtained such a certificate before the person is due to begin work at the school, it disclosed any matter or information, or any information was supplied to the employment business, in accordance with section 113B(6) of the Police Act 1997;
(b)where the employment business has obtained an enhanced criminal record certificate before the person is due to begin work at the school, and it discloses any matter or information, or any information was provided to the employment business in accordance with section 113B(6) of the Police Act 1997, a copy of the certificate.
(2) Except in the case of a person to whom sub-paragraph (3) applies, the certificate referred to in sub-paragraph (1)(a)(ii) shall have been obtained not more than three months before the date on which the person is due to begin work at the school.
(3) This sub-paragraph applies to a person who has worked in—
(a)a school in England in a position which brought him regularly into contact with children or young persons; or
(b)a maintained school in England in a position to which he was appointed on or after 12th May 2006 and which did not bring him regularly into contact with children or young persons; or
(c)an institution within the further education sector in England in which his post involved the provision of education which brought him regularly into contact with children or young persons,
during a period which ended not more than three months before the date on which he is due to begin work at the school.
(4) Before a person offered for supply by an employment business may begin work at the school his identity shall be checked by the relevant person at the school (irrespective of any such check carried out by the employment business before the person was offered for supply).
(5) The relevant person shall in the contract or other arrangements which they make with any employment business require it, in respect of any person whom the employment business supplies to the school—
(a)to provide the notification referred to in sub-paragraph (1); and
(b)if any enhanced criminal record certificate which the employment business obtains contains any matter or information, or if any information was supplied to the employment business in accordance with section 113B(6) of the Police Act 1997, to provide a copy of the certificate.
(6) Paragraph (7) applies to a person offered for supply by an employment business to begin work at the school to care for, train, supervise or be in charge of children for whom accommodation is provided, except for those persons to whom sub-paragraph (3) applies.
(7) Before a person to whom this paragraph applies may begin work at the school, the relevant person shall make a check to ensure Standard 38 of the National Minimum Standards for Boarding Schools or, where applicable, Standard 27 of the National Minimum Standards for Residential Special Schools is met.
Register of checks
3C.—(1) A register shall be kept by the relevant person which meets the following requirements.
(2) In relation to each member of staff appointed on or after 1st May 2007, the register shall show whether—
(a)his identity was checked;
(b)a check was made to establish whether he is subject to any direction made under section 142 of the Education Act 2002 or any disqualification, prohibition or restriction which takes effect as if contained in such a direction;
(c)checks were undertaken to ensure that he met the requirements with respect to qualifications or registration mentioned in regulation 2(1C);
(d)an enhanced criminal record certificate was obtained in response to an enhanced criminal record check in respect of him;
(e)checks were made pursuant to paragraph 3A(5);
(f)a check of his right to work in the United Kingdom was made; and
(g)where applicable, checks were made to ensure compliance with the requirement in paragraph 3A(6),
and the register shall include the date on which each such check was completed or the certificate obtained.
(3) In relation to each member of staff in post on 1st August 2007 who was appointed at any time before 1st May 2007, the register shall show whether each check referred to in sub-paragraph (2) was made and whether an enhanced criminal record certificate was obtained, together with the date on which any check was completed or certificate obtained.
(4) Sub-paragraph (3) applies, in the case of a member of staff appointed before 12th May 2006, only if the work of his post brings him regularly into contact with children or young persons.
(5) In relation to any person supplied by an employment business to work at the school, the register shall show whether—
(a)written notification has been received from the employment business that—
(i)it has made checks corresponding to those which sub-paragraph (2)(a) to (c), (e) and (f) requires to be recorded in relation to a member of staff of a school;
(ii)it or another employment business has made an enhanced criminal record check;
(iii)it has obtained an enhanced criminal record certificate in response to an enhanced criminal record check made by that or another employment business,
together with the date the written notification that each such check was made, or certificate obtained, was received; and
(b)a check has been made in accordance with regulation 3B(7) together with the date the check was made.
(6) Where written notification has been received from the employment business in accordance with a contract or other arrangements made pursuant to paragraph 3B(5) that it has obtained an enhanced criminal record certificate which disclosed any matter or information, or that information was provided to it in accordance with section 113B(6) of the Police Act 1997, the register shall also show whether the employment business supplied a copy of the certificate to the school.
(7) It is immaterial for the purposes of sub-paragraphs (1) to (3) and (5) whether the check was made or certificate obtained pursuant to a legal obligation.
(8) The register required to be kept pursuant to this paragraph may be kept in electronic form, provided that the information so recorded is capable of being reproduced in legible form.
(9) The register required to be kept pursuant to this paragraph shall be available for inspection at the school during school hours by Her Majesty’s Chief Inspector of Education, Children’s Services and Skills in carrying out his functions under Part 1 of the Education Act 2005(1).
Suitability of Chair
3D.—(1) No person is to be a Chair unless the requirements of sub-paragraphs (2) to (5) below are met.
(2) The identity of any such person is checked and a check is made by the Secretary of State of his right to work in the United Kingdom.
(3) An enhanced criminal record check is made by the Secretary of State in respect of such person and the enhanced criminal record certificate which is the subject of the application is obtained before his appointment.
(4) In the case of any such person for whom, by reason of his living or having lived outside the United Kingdom, obtaining such a certificate is not sufficient to establish his suitability to work in a school, such further checks as the Secretary of State considers appropriate are made by him.
(5) The checks referred to in sub-paragraphs (2) and (4) shall have been completed before any such person becomes a Chair, for the requirements of this paragraph to be met.”.
(2) In paragraph 15 of Part II of the Schedule before the words “in the case of a residential school” insert “Without prejudice to paragraphs 3A to 3D of this Schedule,”.
(3) In paragraph 21 of Part III of the Schedule—
(a)in sub-paragraph (1) for “chairman” substitute “chair”; and
(b)in sub-paragraph (6)(a) for “section 400 of the 1996 Act”, substitute “section 98 of the Learning and Skills Act 2000”(2).