DBS Check not cleared prior to start date - General - HR in Schools and Academies

6 DBS Check not cleared prior to start date

3 Mar, 2023 15:50

We have a member of teaching staff who has not had his DBS returned prior to his start date.

I have 2 references from schools that confirm there are no safeguarding concerns, a completed barred list check confirming there are no matches to the register, a clear prohibition check, and he has completed 3 safeguarding courses. The member of staff is a previous senior leader and has no gaps in service.

I have been scouring the legislation to see what contingencies can be put in place to ensure we are compliant but all I can see is that as he is engaging in regulated activity, we need to have an enhanced check in place.

Short of having him supervised at all times until the check clears, what else can I do to ensure he is safe to work with children?

There is no option to delay start date until the check clears.

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David Perry | 0 Posts

4 Mar, 2023 13:27

Maybe I don't understand the issues, but if he cannot work without a DBS clearance then he cannot start. Therefore you must make a provision for this, which is to not start him.
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Tally | 0 Posts

4 Mar, 2023 23:34

When I worked in a college, we would delay the start date. The only other option was doing a risk assessment and having them supervised at all times until you get the checks back.
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Nichola | 0 Posts

5 Mar, 2023 16:02

Hi,

Why hasn’t it been cleared yet? How long ago was it requested?

Delaying the start date seems like the logical option. If a risk assessment is considered a good enough placeholder, the follow that process, but delaying the start date needs to be an option. If worse case scenario there is something on the DBS, and he’s started, that situation feels far worse than a delayed start date.

DBS’ are only good if someone has been caught.

Nicki
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Kimberly | 0 Posts

6 Mar, 2023 14:03

Hi Kellyann

In short, to be compliant it is either a satisfactory enhanced DBS check prior to starting or supervised at all times under a risk assessment.

Our MAT has stopped confirming a start date until checks have been completed or we know for sure we can have them supervised at all times under a risk assessment (normally support roles but we have managed it for the odd teaching role).

It has meant some teachers do not resign straightaway and we have to wait another term for them to start but we are compliant.
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Amanda | 0 Posts

2 Apr, 2023 03:32

If he is transferring from a similar position without a break in service of more than 3 months, there is no legal requirement to obtain a new Enhanced DBS check (with barred list) although one may be obtained. As long as you have done a separate barred list check and have seen his previous original DBS certificate, he can start whilst you await his new certificate to arrive. Page 65 of KCSIE confirms this.
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Nina Waters | 0 Posts

11 Apr, 2023 09:26

In reply to Amanda:
I agree with Amanda - bizarrely, the DBS check is the one check you can start without being completed, as long as it has been applied for. If your employee is transferring within 3 months of leaving another school, you can simply check the original certificate and make a note of these actions on your SCR.
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