Dr B C Slater

             BCS-RH-VW-CRB                                                         01603 223300

             3rd September, 2002                                                01603 222481         

                                                                                              bryan.slater.edu@norfolk.gov.uk

 

 

 

 

             TO:  HEADTEACHERS OF ALL NORFOLK SCHOOLS

            

 

 

Dear Colleague,

 

Criminal Records Bureau

 

I am writing further to my letter of 30th August, 2002 about the problems being experienced with the new national arrangements for clearance of staff by the Criminal Records Bureau. 

 

The purpose of this letter is to update you on the progress of clearances and to give additional advice, following further clarification from the Department for Education and Skills.  As guidance from the DfES is being published on a regular basis as the situation develops, we have decided to establish a website within the schools esinet in order that we can give you the latest information about particular groups of staff (teaching, administrative, classroom assistants, etc.).

 

This information can be found at http://www.esinet.norfolk.gov.uk/cadmin/crb/

 

 

1.     Staff covered by this advice

 

The following notes apply to all staff appointed by the Governing Body and employed in the school on or after 1st September, 2002 and although the same considerations apply to all categories of staff, some special factors applying to particular groups are set out in section 2.

 

They exclude other staff working on the school site but not employed by the school and not appointed by the Governing Body.  They also exclude staff engaged in school transport.  For most Norfolk schools, this will include catering, cleaning and grounds staff.  The independent contractor, including Norfolk County Services, will be making appropriate checks on their own staff.

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2.     Staff taking up a post on or after 1st September, 2002

 

        In general terms, as in any recruitment process, you need to be satisfied with the outcomes of your pre-employment checks, including identity, academic qualifications, professional and character references and employment history.  Assuming satisfaction in these areas, the following advice applies:

 

2.1   Staff transferring from a similar post in a Norfolk LEA school without a break of service (i.e. in continuous employment with Norfolk County Council or with a break of less than three months)

 

        No further CRB check is required and the member of staff can be deployed immediately to work directly with children.

 

2.2   Staff transferring from a similar post in a non-Norfolk LEA school or an independent school in England, Wales, Scotland or Northern Ireland without a break of service or with a break of less than three months

 

        In the light of further advice from the DfES, we can reasonably advise that staff can be deployed immediately to work directly with children.  You should still be aware that a CRB check is still required.

 

2.3   Staff transferring from any post with a break of three months or more

 

        All staff must be checked by the CRB and a satisfactory disclosure returned before a member of staff can be deployed to work directly with children.

 

        The member of staff can be used for other duties not involving teaching, i.e. attending planning meetings.  Of course, it is possible to send such staff on inset courses or work at home.  We would counsel caution in relation to any deployment in schools since this will inevitably involve some contact with children.

 

2.4   Newly qualified teachers (NQTs)

 

        You should not automatically presume that newly qualified teachers will have been vetted prior to undertaking teaching practice in schools as part of their college course.  This is also the case for staff who have qualified through the Graduate Teacher Programme (GTP) and School Centred Initial Teacher Training (SCITT).  If the NQT qualified in a previous year but did not take up employment, 2.3 above applies.

 

·        For former students of teacher training establishments and via other routes into teaching, where you have evidence of satisfactory Police and List 99 checks, the NQT can be deployed immediately to work directly with children.  A further CRB check will still be required but the process can be completed after the NQT has started work.

 

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·        Where these conditions are not met and also where there has been a break between the end of the course and taking up employment as a teacher of three months or more, then these staff should not be deployed to work directly with children before a satisfactory CRB disclosure has been received.  He/she can be used for other duties as started in 2.3 above, provided that these do not involve direct contact with children.

 

·        Many Norfolk NQTs previously studied at the University of East Anglia (UEA) and qualified this year.  I am advised by the UEA that only a tiny number have been subject to checks.  The University has agreed to provide us with a list showing whether a Police check has been previously undertaken and we will check whether a List 99 check has been previously undertaken.  Please check with Lesley Blyth in Education Personnel Services (tel: 01603 222528) if you have an NQT who was at the UEA in the last year.

 

(I am able to assure you, however, that all existing and new students who will undertake teaching practice in Norfolk schools from September 2002 onwards are subject to full CRB checks - you will need to check with the UEA or other relevant Teacher Training provider, that these have been completed prior to any student being placed in your school).

 

2.5   Overseas trained teachers

 

        The CRB will not normally be able to provide a disclosure for such teachers and if an applicant has never previously lived in the UK, no purpose will be served by seeking a disclosure through the CRB on their arrival in this country as the person concerned will not have a criminal record in this country nor will he/she appear on List 99 or the Police Check list.  However, good recruitment practice should apply to overseas teachers.  In some countries, people can apply to their home Police Force for a "Certificate of Good Conduct".  The level of information contained in these certificates varies from country to country: some are complete extracts from the criminal record; others are partial.

 

        Headteachers should ensure that the normal pre-employment checks of identity, qualifications and references are carried out thoroughly and before confirming an appointment, i.e. that you are satisfied that all reasonable steps have been taken to ascertain the integrity of the person concerned.

 

2.6   Supply teachers

 

        Supply teachers who have not been subject to the CRB check or via the previous arrangements for checking by the Norfolk Police, must not be employed to work directly with children.

 

        All supply teachers available to Norfolk schools and included on the latest Supply List have been through the appropriate CRB process by Education Personnel Services staff.

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2.7   Agency supply staff

 

        Where such staff can produce evidence of a satisfactory CRB check and can produce evidence that they have worked from 1st June, 2002 onwards, then they are eligible to work in schools.  For staff (either directly or via the Agency) who are unable to produce this evidence, should not be employed.

 

As the new term has approached and it became clear that the backlog of applications was unlikely to be cleared in time, priority has been given at the CRB to processing the disclosures for teaching staff.  Whilst this was, on balance, a reasonable approach to take in the circumstances, there are likely to be further delays involving other members of staff being able to undertake their full duties where these involve direct contact with children.

 

Finally, unless there is a very significant improvement in the return rate of disclosures from the CRB it seems unlikely that these difficulties will be resolved quickly, not least because of the significant number of staff appointed since the end of the summer term who have not yet satisfactorily completed their disclosure application forms.

 

Please print off a copy of this letter and pass to your Chair of Governors.

 

I am grateful for your continued co-operation in complying with these new arrangements.

 

Yours sincerely,

 Bryan Slater

 Director of Education