Safeguarding children

For safeguarding in a school or college to be satisfactory, Ofsted does not ask for more than the law requires or statutory guidance recommends.

• Visitors Criminal Records Bureau (CRB) checks are not required for visitors. Visitors do not have unsupervised access to children.
• Volunteers Checks are required for those who have regular and unsupervised access to children and young people. The definition of supervision is currently being considered under the terms of the Protection of Freedoms Bill and will be the subject of guidance from the Department for Education when the bill becomes law next year.

However, schools and colleges have been advised by CRB and in Safeguarding children and safer recruitment in education that a risk assessment should take place when volunteers are recruited. Schools and colleges should be able to provide such risk assessments and be able to explain the rationale for those who have been checked and those who have not. The key criterion for checking volunteers is regular and unsupervised contact with children.

Yes, but the checks that are required depend on the type of staff involved and as with other visitors, the key criterion is the opportunity for regular and unsupervised access to children.  Visitors who will only have contact with children on an ad hoc or irregular basis for short periods of time are not eligible for CRB checks and schools and colleges should not attempt to impose them.

Visiting staff

Visiting staff who do not have unsupervised regular access to children and young people – such as initial teacher education mentors and tutors – are not eligible for a CRB check. The normal risk assessment that applies to all visitors is sufficient. Visiting staff who do have unsupervised regular access to children and young people – such as educational psychologists, social workers, supply teachers, trainee teachers, nurses, sports coaches, MOD personnel and inspectors – should be CRB checked by their 'providing' organisation: the supply agency, the university, primary care trust, local authority and so on. It is sufficient, for schools and colleges to seek written confirmation that appropriate checks, including CRB checks have been carried out and by whom – most commonly the relevant human resources department (it is not necessary to specify a named individual) – and to confirm the identify of these visitors. It is not necessary (or practicable) to require a date for such checks unless the providing organisation supplies a list of named individual supply staff.  Written confirmation may be in the form of a public statement on the agency website, as is the case with Ofsted.

Contracted staff

Contracted staff that come into regular contact with children and young people – such as cleaning, caretaking and kitchen staff – should be included on the single central record (the next set of FAQs covers the single central record); as in the case of agency supply staff, written assurances from the providing organisation – for example, the local authority – or copies of contracts referring to staff who have access to children are sufficient proof that the relevant checks have been undertaken. This requirement is usually included in the contract that schools, colleges and/or local authorities will have set up. Schools and colleges are not entitled to repeat these checks. Therefore a letter or copy of a contract that states that an agency or contractor has carried out all appropriate checks, including CRB checks, is sufficient. Where an organisation has provided a link to their website where they explain their position regarding CRB and employment checks (as Ofsted does)  it is not reasonable or practicable to expect dates or names of those who did the checking; to see an example on the Ofsted website, please visit the Our partners page.

Part-time staff

Part-time staff may use the same CRB check for two or more posts as long as they are at a similar level and the school or college has satisfied itself about their veracity and appropriateness. This might include, for example, a teacher employed part time for planning, preparation and assessment (PPA) or supply cover in one school and as a classroom assistant in another.

Ofsted is not a legislator. Our inspectors are bound by government safeguarding requirements, but Ofsted does not determine what those requirements are. However, in line with the exemption granted by the previous Government, Ofsted recognises that checks for police officers and police staff are more stringent than those for CRB and that an Enhanced CRB Disclosure is not required in most circumstances. Police officers and staff who are visiting schools in their professional capacity are only required to produce some form of endorsement of their status and their identity. Their official warrant card or identity card showing the appropriate photographic evidence would be quite sufficient in these circumstances. However, both the police service and Department for Education have previously made it clear that for activities where an individual employed by the police service is acting as an ordinary volunteer (for example going on a residential trip in a personal capacity as a parent or helper) then they should be treated as any other volunteer for the purposes of determining whether they are eligible for CRB checks or not. The principal criterion will be the level of supervision by staff who have been subject to these checks.

This depends on how the students are working while on placement. As long as the placement provider – for example a school or nursery – can ensure that the students are supervised at all times, it is permissible for them to start their placements pending the completion of the CRB check. However, if the school or nursery cannot provide this level of supervision, they are entitled to ask for the completed CRB check before the placement starts.

Safeguarding children and safer recruitment in education makes it clear in paragraphs 4.49 and 4.50 which staff schools and colleges should list on the single central record. Below is a summary of the two paragraphs. Schools, sixth form colleges and further education colleges (but no other education or training providers) must keep and maintain a single central record of recruitment and vetting checks on the following people:

• All staff who are employed to work at the school or sixth form college, and those staff in further education colleges providing education.
• All staff who are employed as supply staff to the school or sixth form college or as supply staff providing education to the further education college, whether employed directly by the school, college or local authority or through an agency (checks required in respect of agency staff are described in the 'Is written confirmation required...' FAQ above).
• All others who have been chosen by the school or college to work in regular contact with children; this will cover volunteers, governors who also work as volunteers within the school or college.
• People brought into the school or college to provide additional teaching or instruction for pupils but who are not staff members; for example, a specialist sports coach or artist.

It does not include peripatetic staff supplied by the local authority who are entered as recommended in the local authority’s single central register. For all visitors not included on the single central register, schools and colleges should require them to sign in. Where unsupervised access to children is likely – for example, visiting local authority staff – schools and colleges should check their proof of identity.

This is not a matter for Ofsted. Inspectors do not need to see CRB certificates during an inspection. However, the CRB publishes a code of practice that states (under Management and Use of Disclosure Information): ‘Registered Bodies must retain disclosure information, its content or any representation of the same in any format for no longer than is necessary and for a maximum of six months following the recruitment decision unless a dispute is raised or, in exceptional circumstances, where CRB agreement is secured.’ 

Although the Department for Education does not specify how long these records should be retained, schools are expected to make sensible decisions on how they put in place arrangements to ensure the documents should at least be retained whilst the person is in the school’s employment. The Business Link website provides very useful pointers covering this area, which include advice on retaining records for six years after employment. 

However, please see the following FAQ on evidence of the right to work in the UK and the requirements of the UK Border Agency.

Yes, but they are not Ofsted’s rules. The requirements in relation to the right to work in the UK are set by the UK Border Agency.

The UK Border Agency published summary guidance for employers in April 2009 explaining what they have to do to satisfy the Immigration, Asylum and Nationality Act 2006. The UK Border Agency guidance states that employers should keep a copy of every document that the employee uses to support their right to work in the UK. The copies of the documents should be kept securely for the duration of the individual’s employment and for a further two years after their employment has ceased. By doing this, the UK Border Agency will be able to examine an employer’s right to the excuse, if the agency detects anyone working illegally for that employer, that they carried out the required checks.

There is no required format for the Single Central Record, although there is a suggested layout included in Safeguarding children and safer recruitment in education. Schools should include the number of any CRB disclosure certificate obtained at the time of recruitment.

No, staff recruited before March 2002 and who have continuity of service – that is, no break longer than three months – are not required by current guidance to have CRB checks. However, there is a requirement for all these longer-serving staff who work with children and young people to have been checked against List 99*. In general, schools and colleges are required to carry out the checks that were relevant at the time the appointment was made. 

The ‘three year rolling programme’ for all staff is a myth. There has never been a requirement for a rolling programme of three-yearly checks for staff who have unbroken service (that is, no break of three months or more). The only reference to three-year checks in Safeguarding children and safer recruitment in education is in appendix 11, where it is recommended for agency staff. Ofsted and the Department for Education have repeatedly pointed out that such routine checks for staff directly employed by a school or college are not required. Ofsted will consider such routine re-checks to be excessive, as they go beyond what the law requires or the Government recommends. They will not be considered evidence of good practice, and may be considered to represent a poor use of resources.

This information can be entered by whoever the school/college/organisation identifies as responsible for doing so. In order to verify that they have checked the employee’s or volunteer’s details, each entry must show the name of the person making the check, the position held and the date when the check was completed.

The single central register should show:

• the date on which each check was completed, or the relevant certificate obtained
• who carried out the check, that is the person in the school/organisation with overall responsibility for this.

The name of the individual who was given the responsibility for submitting the application for a CRB Disclosure certificate – including making the necessary document checks and, in most cases, dealing with the certificate when it was returned.

It is sufficient for the single central record to record that the teacher holds Qualified Teacher Status and the teacher reference number against staff names where appropriate, with the name and position of the person who checked this.

This is a matter for the employer to determine, but there are a number of 'proofs' that could provide this assurance. Certainly, original certificates or diplomas are acceptable.

If each school retains its separate Unique Reference Number (URN), then it is a separate identity and should continue to maintain its own single central record. It is up to each Federation to decide how it wants to record those staff who do/may work across several separate URNs but there are ways of doing this, such as the fairly common practice of colour coding the names of teachers from other schools.  However, this is not a matter that Ofsted has a view on.

Normal identity checks should be made of any teachers not already known to a federated school when they arrive on the premises, but no additional recruitment checks are necessary.

No, although schools have had since April 2007 to complete the single central record by carrying out the relevant checks and implement the register in line with the guidance in Safeguarding children and safer recruitment in education.

No, but it is important that the school has carefully assessed and mitigated the potential risks and taught pupils to be aware of them.

No school has been found to be inadequate solely due to site boundary issues such as holes in the fence. But once again it is important that the school has assessed and mitigated any risks and made sure that pupils are aware of them.

No and there is no record that this has happened, but it is important that inspectors’ identities are checked in the same way as those of other visitors to the school. Inspectors are required to carry photographic identity badges which should be checked.

No, provided, of course, that school staff are present and know the parents who might collect a child. This arrangement can help to build relationships between schools and families and make a positive contribution to safeguarding.

Possibly, but the requirement depends on the nature of the work done. A CRB check is not required for students who, as part of their studies, or for their own personal development:

• volunteer to work in school, or
• have a work placement in school.

This could include, for example, mentoring younger children or helping with after-school activities such as drama or sports clubs, or supporting a Duke of Edinburgh Award or Combined Cadet Force. This applies both to their own school and to other schools, such as feeder primary schools. However, if a school pays some of its students to work – for example, as cleaners or lunch-time supervisors – these students become part of the school workforce; they are, therefore, subject to the same workforce regulations as any other school employee. Unless these students are working in school at a time when there are no other children at all on the premises, or are employed in a shift or rota that does not meet the frequent (once a week or more) or intensive (more than 3 times in a 30 day period or overnight) test, they will need to be CRB checked.

The National Minimum Standards for Boarding Schools were revised in September 2010. These standards apply in England to all mainstream boarding schools, for all age groups of pupil up to 18, and as appropriate to any pupils over the age of 18 who live alongside those who are under 18. The standard relevant to CRB checks for new staff now states: Standard 38.2 With the exception of CRB disclosures, the checks in standard 38.1 must be completed before a person takes up the position. In the case of CRB disclosures, the certificate must be obtained before, or as soon as practicable after, appointment. Until the check is satisfactorily completed, the individual should be appropriately supervised. The other checks in standard 38.1 are: check of identity against an official document such as a passport or birth certificate; Where the appointee has lived outside the United Kingdom, further checks as are considered appropriate where obtaining a CRB disclosure is not sufficient to establish suitability to work with children (such as a certificate of good conduct from the country or countries they have been living in); check on proof of relevant qualifications; and check of right to work in the UK.

Administrators who do not have regular contact with children under 18 but who have access to health, educational and social services records of children are engaged in what is currently defined under the Vetting and Barring Scheme as controlled activity. This means that they currently require an enhanced CRB disclosure certificate.

The Government announced in February 2011 that it proposes to repeal controlled activity in the Protection of Freedoms Bill, which is currently going through parliament. If the repeal is approved by Parliament, enhanced CRB checks would not be required for administrators. However, until the repeal of the category of controlled activities takes effect in 2012, administrators who have access to health, educational or social services records of children in the services that we inspect will still need them.

Ofsted understands that the CRB are already advising local authorities that administrators who are employed in posts where there is no regular contact with children or vulnerable adults but who have access to sensitive records are not eligible for CRB checks. We have contacted the DfE to seek clarification on this specific issue and will update this answer when we have a decision. In the meantime, in recognition that this is a transitional period, inspectors will not penalise services for non-compliance with the current controlled activity requirement where they have received this response from the CRB.

This question has already been covered in an FAQ for learning and skills providers, but is further elaborated here.

There is no requirement for governors in a sixth form or further education college to be CRB checked. As Section 4.58 of Safeguarding children and safer recruitment in education makes clear: individuals who are not wholly or mainly engaged in caring for, training, supervising or being solely in charge of under 18-year-olds only require an enhanced CRB check should a risk assessment give cause for concern. All others should be asked to sign a declaration confirming their suitability to fulfil the role.

Colleges should continue to monitor the Department for Education website to ensure they are aware of any changes as a result of the current government review of safeguarding. Ofsted will continue to work with the Department for Education to ensure that our safeguarding FAQs are up to date and reflect government requirements.

There are two separate parts to this question, and therefore two answers.  However, in both cases, the expectations are set by the Government rather than Ofsted. 

As far as family members are concerned, Ofsted’s understanding is that the Government would not expect family members of FE college employees to be routinely required to provide a CRB disclosure certificate. Instead, the college should have guidance in place setting out what access these people can and cannot have to parts of the college site and what contact - or not - they should have with learners aged under 18. Similar guidance might be given to the learners themselves.

This is properly set out in the current National Minimum Standards for residential colleges offering accommodation to under-18s. Under Standard 34: 

34.3 The college provides all adults resident in college accommodation, including those not employed by the college (i.e. adult members of staff households) with guidance which clearly set out the standards of conduct and probity expected of them as residents on college premises. This should include guidance on contact with students and their responsibilities to supervise their visitors. Such guidance should also include information on the sanctions available to the college in the event that these standards of conduct are breached.

Should there be any change in the status of these people, for example if they are co-opted into some kind of supervisory/training role, the college would of course need to make the appropriate checks.

Members of staff who are required to obtain CRB disclosure certificates may start work pending the arrival of the certificate as long as it has been requested, other recruitment checks have been made in line with the recommendations in Safeguarding children and safer recruitment in education and the college provides appropriate supervision until all the checks are completed.