Updated: Keeping Children Safe in Education guidance
August 27th, 2021 by Jake Waddingham
An updated version of the Keeping Children Safe in Education (KCSIE) guidance comes into force on 1 September 2021. Amongst other changes and updates, there are a number of substantive changes to part three – Safer Recruitment. These changes include:
- KCSIE now applies to providers of post 16 education as set out Education and Training (Welfare of Children) Act 2021
- Clarification about section 128 checks
- Clarification on how to check prohibitions, directions, sanctions and restrictions, including children’s barred list checks.
- Clarification about overseas checks and what further checks could include.
The document is however clear that there are no changes to legal duties.
Pre appointment checks for providers of post 16 education
The Education and Training (Welfare of Children) Act 2021 extended safeguarding provisions to providers of post 16 Education; 16-19 Academies, Special Post-16 institutions and Independent Training Providers. The KCSIE statutory guidance suggests that the providers set out above must carry out these pre appointment checks:
- verify a candidate’s identity
- enhanced DBS check (including children’s barred list information, for those who will be engaging in regulated activity with children)
- verify the candidate’s mental and physical fitness to carry out their work responsibilities
- verify the person’s right to work in the UK
- verify professional qualifications, as appropriate
In addition:
- A section 128 check on persons taking up a management position at an independent school, including academies and free schools
- A check to ensure that an applicant to be employed to carry out teaching work is not subject to a prohibition order including Historic General Teaching Council for England (GTCE) sanctions and restrictions
How to conduct a section 128 check
A section 128 check can be requested alongside an enhanced DBS check with children’s barred list as long as ‘child workforce independent schools’ has been specified in the position applied for. Where an application is not eligible for a children’s barred list check but will be working in a management position, in an independent school, including academies and free schools, a section 128 check should be carried out using the TRA’s Employer Access service.
Ask the team at DDC to amend your job roles if you require a section 128 check alongside your DBS checks. We might ask a few questions to ensure the correct information goes on the form submission, and then apply a new job role to your account.
How to check teacher prohibitions, directions, sanctions and restrictions, including children’s barred list checks
The TRA’s Employer Access service is free to Schools and Colleges to request the following checks:
- Prohibition
- Direction
- Restriction
- Children’s barred list checks (this is a separate check to the DBS children’s barred list)
For those employing teachers in 16-19 Academies, Special Post-16 institutions and Independent Training Providers you should contact employer.access.gov.uk to check that the individual is not prohibited from teaching. To help save you time and ensure safer recruitment practices DDC can also provide checks through the TRA. Once we have completed all your checks you will receive a final pre-employment report to evidence in your single central record.
Overseas and additional checks
Schools and colleges must carry out the same pre appointment checks for individuals who have lived or worked outside the UK. Including an enhanced DBS check (including children’s barred list information, for those who will be engaging in regulated activity with children) regardless of whether the individual has ever been to the UK. In addition, schools and colleges must make any further checks, such as international criminal record checks, to enable them to consider in the employment decision any events that occurred outside the UK.
How can DDC support you with your Keeping Children Safe in Education obligations?
As a professional Umbrella Body and pre-employment screening provider, DDC can support you with your required pre appointment checks. We pride ourselves on making it easy to request multiple checks on a single, easy to use, online platform and we provide the results of all your checks in one final pre-employment report. As part of the online process, we can inform you when an applicant enters an address outside the UK, in their five years address history. Many clients in the education sector use this notice to trigger a request for an overseas check, or additional internal processes.
More questions?
If you have any further questions about the Keeping Children Safe in Education Changes or require assistance with your DBS and pre-employment checks, speak with our experts today.
