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Renewal of DBS checks for casual staff

Morning,

I work in a MAT and am hoping to understand from other HR professionals what action they are taking with regards to the renewal of DBS checks for their casual workers, in particular I am looking at exam invigilators.

The DfE Keeping Children Safe in Education advises a renewal of the enhanced DBS is required where there is a break in service of 3 months. We have our own DBS policy which states by the very nature of examinations, there may be a gap in excess of three months between the exam invigilator visiting a school.  Provided an enhanced DBS check with barred list check was obtained when the exam invigilator was first employed, together with all other pre-employment checks, we can reasonably advise that where an invigilator is used regularly by the schools, it will not be necessary to seek further DBS disclosure each time the invigilator is subsequently used.

However, in the current climate, the invigilators will not have been used in excess of a year, therefore, since too much time has elapsed, would you be in agreement that DBS' be renewed?

Thank you in advance.

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  • Hi Jodie,

    We've used two different approaches in recent years. Firstly we used to hold a (paid) training session around October/November each year, to make sure there wasn't a long break between the visits to site. It was also a useful way to get everyone up to speed on JCQ procedures each year.

    Now as well as that, we pay for all our invigilators to register with the update service, and insist that they do as part of their work for us. We can therefore quickly do an update check, with their permission, rather than a full renewal.

    Hope that helps.

    Nina
  • In reply to Nina Waters:

    Hi Nina,

    This is helpful..

    We also hold a training session at the end of September. Do you reimburse the yearly cost?

    Thank you,

    Jodie
  • In reply to Jodie:

    Yes - on the basis that we re-check all employees every three years anyway, paying for the update service (which is about 1/3 of the full cost) was no additional expense really. And much more convenient!
  • I would say to ensure you are compliant with KCSIE that if there has been a break of 3 months or more that the re-checking is done.

    Ofsted seem to be paying particular attention to this when the SCR check is being done at the start of inspection.

    Like in the other responses scheduled opportunities for work to avoid the gap of 3 months or more may help. CPD sessions and whole school updates might be an opportunity to get any casual employees in and to keep them informed.
  • In reply to Samantha:

    Just to observe that as a general point of employment law ‘casual’ staff don’t necessarily break continuous service as casual employees every time they finish an assignment of paid casual work. The particular assignment may end but  the contract of (casual) employment can nonetheless continue unbroken / still in force. In such cases, arguably then there’s no non compliance with KSIE, and arguably it's beyond the competence of OFSTED inspectors to seek to debate this point.

    So, provided casual but ‘continuing service casual contract’ invigilators as above get subjected to DBS re checks just the same as non-casual staff, that may be all that’s strictly necessary, although as Nina says, registering them for the update service and using it as and when they come in to invigilate seems to be far more effective as regards actual safeguarding.

  • I would also add that the principals of safer recruitment in education from the safer recruitment consortium would support checks being repeated if there has been the gap.
  • Hi Jodie

    For the last couple of years, newly recruited Invigilators have been asked to subscribe to the update service and we reimburse the cost to them. However, we have some historic invigilators and some who 'forgot' to subscribe/resubscribe so have had this very same issue.

    Given we were in a pandemic and the extra cost to schools to process new DBS certificates, we decided to waiver this requirement but did request invigilators not on the update service, visited the school as soon as we were back in.

    Yes its a KCSIE requirement but a degree of common sense can be applied. The terms of engagement that we issue 1 April every year to our Invigilators states: If during the course of your engagement you are arrested, or summonsed for an offence or receive a conviction, a bindover order or a warning given by a police force you are required to inform the Principal and HR of this fact immediately. Such information will be treated in confidence, so far as this is consistent with the safety of children and compliance with statutory child protection procedures. Failure to disclose such information may result in the termination of your engagement with the Trust.

    So therefore, there is a duty on their part to disclose...

    Now we are all back in school, anyone who does go over the three month mark (this is managed by the Exams Manager) and isn't on the update service, we will process a new DBS.