Management Information Sheet

Outcomes of recent LA audits and Ofsted inspections have identified situations where schools have not met minimum statutory requirements for safeguarding. The following were particular areas of concern:

• The single central record and safer recruitment documentation including Prohibition Order checks and checks in line with Disqualification Under the Childcare Act 2006;
• Failure to review the safeguarding policy on an annual basis and to make the most up to date policy document available via the school's website.

Given these recent findings, it is recommended that all schools undertake an interim review of safeguarding procedures in line with current statutory requirements using the Safeguarding Compliance Checklist for Governors as attached. This checklist has been designed to support Governing Bodies and Headteachers to undertake a relatively quick check to ensure that the school is compliant with statutory requirements. Links to further guidance and training are embedded in the checklist.

Prohibition Orders

Since 1st September 2013, it has been a requirement that all teachers employed by the school must undergo a Prohibition Order check via the Employer Access Online Service. This must be done as part of the pre-employment checking process and the check must be evidenced on the school's single central record.

A Prohibition Order check ensures the teacher is not prohibited from teaching; it is different to the barred list check operated by the Disclosure & Barring Service. Further guidance on this check is available via MI 223/14 - Prohibition Orders.

Disqualification under the Childcare Act 2006

In February 2015, the Department for Education issued statutory guidance on the application of the Childcare (Disqualification) Regulations 2009 and related obligations under the Childcare Act 2006 in schools. Whilst the DfE is currently consulting on proposed changes to the requirements for schools in this area, the current requirements remain in place and it is important that schools ensure that appropriate checks have been made with relevant staff deemed to be working in 'childcare'. Further information can be access via MI 69/15 - Disqualification under the Childcare Act 2006: Revised Guidance.

Retention of Evidence

Part 3 of 'Keeping Children Safe in Education' (2015) makes clear that schools and colleges do not have to keep copies of DBS certificates in order to fulfil the duty of maintaining the single central record. In accordance with the requirements of the Data Protection Act, where the school chooses to retain a copy of a DBS certificate it should not be retained for longer than six months. A copy of the documents used to verify the successful candidate's identity, right to work and required qualifications should be retained on the personnel file along with references.

Further guidance on the requirements of the single central record has been devised as attached to support schools to ensure that all relevant safer recruitment checks have been undertaken on adults working in the setting.