The Education (Independent School Standards) Regulations 2014

19.—(1) This paragraph relates to the suitability of supply staff at the school. E+W

(2) The standard in this paragraph is met if—

(a) a person offered for supply by an employment business to the school only begins to work at the school if the proprietor has received—

(i) written notification from the employment business in relation to that person—

(aa) that the checks referred to in paragraph 21(3)(a)(i) to (iv), (vii) and (b) have been made to the extent relevant to that person;

(bb) that, where relevant to that person, an enhanced criminal record check has been made and that it or another employment business has obtained an enhanced criminal record certificate in response to such a check; F1 ...

(cc) if the employment business has obtained such a certificate before the person is due to begin work at the school, whether it disclosed any matter or information; and

[F2 (dd) that, where that person is one for whom, by reason of that person living or having lived outside the United Kingdom, obtaining such a certificate is not sufficient to establish the person’s suitability to work in a school, it or another employment business has obtained such further checks as appropriate, having regard to any guidance issued by the Secretary of State; and]

(ii) a copy of any enhanced criminal record certificate obtained by an employment business before the person is due to begin work at the school;

(b) a person offered for supply by an employment business only begins work at the school if the proprietor considers that the person is suitable for the work for which the person is supplied;

(c) before a person offered for supply by an employment business begins work at the school the person's identity is checked by the proprietor of the school (irrespective of any such check carried out by the employment business before the person was offered for supply);

(d) the proprietor, in the contract or other arrangements which the proprietor makes with any employment business, requires the employment business to provide—

(i) the notification referred to in paragraph (a)(i); and

(ii) a copy of any enhanced criminal record certificate which the employment business obtains,

in respect of any person whom the employment business supplies to the school; and

(e) except for those persons to whom sub-paragraph (4) applies, in the case of supply staff who care for, train, supervise or are in charge of boarders, the proprietor checks that the relevant parts of [F3 Standard 19] of the National Minimum Standards for Boarding Schools or where applicable, [F4 Standard 24] of the National Minimum Standards for Residential Special Schools are complied with.

(3) Except in the case of a person to whom sub-paragraph (4) applies, the certificate referred to in sub-paragraph (2)(a)(i)(bb) must have been obtained not more than 3 months before the date on which the person is due to begin work at the school.

(4) This sub-paragraph applies to a person (“P”) who has worked in—

(a) a school or a maintained school in England in a position which brought P regularly into contact with children or young persons;

(b) a maintained school in England in a position to which P was appointed on or after 12th May 2006 and which did not bring P regularly into contact with children or young persons; or

(c) an institution within the further education sector in England or in a 16 to 19 Academy in a position which involved the provision of education or which brought P regularly into contact with children or young persons,

during a period which ended not more than three months before P is due to begin work at the school.

Textual Amendments

F1 Word in Sch. para. 19(2)(a)(i)(bb) omitted (1.9.2018) by virtue of The Independent Educational Provision in England (Provision of Information) and Non-Maintained Special Schools (England) and Independent School Standards (Amendment) Regulations 2018 (S.I. 2018/901), regs. 1, 11(a)

F2 Sch. para. 19(2)(a)(i)(dd) inserted (1.9.2018) by The Independent Educational Provision in England (Provision of Information) and Non-Maintained Special Schools (England) and Independent School Standards (Amendment) Regulations 2018 (S.I. 2018/901), regs. 1, 11(b)

F3 Words in Sch. para. 19(2)(e) substituted (5.9.2022) by The Independent School Standards and Non-Maintained Special Schools (England) (Amendment) Regulations 2022 (S.I. 2022/905), regs. 1(1), 2(3)(a)(i) (with reg. 4)

F4 Words in Sch. para. 19(2)(e) substituted (5.9.2022) by The Independent School Standards and Non-Maintained Special Schools (England) (Amendment) Regulations 2022 (S.I. 2022/905), regs. 1(1), 2(3)(a)(ii) (with reg. 4)