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Hi all
A couple of things from this:
1, The person who fails a DBS must personally know they have something in their background that would prevent them from getting a valid certificate so it won't come as a massive surprise. If they are mistakenly looking forward to a placement they know they will not be able to undertake due to their past then they only really have themselves to blame, not the Uni or the process.
2, Staff with a valid DBS can monitor and supervise the new starter which will enable them to be in situ but with observations until they get the cert through.
Regards
Darren Davies | Data Protection Officer
Resources and Commercial | Transformation and Technology
External: 020 8736 6344
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Rob Dawson
Sent: 09 October 2018 17:18
To: [log in to unmask]
Subject: Re: [data-protection] Asking about
Hi
We have a similar approach. The DBS check should, be one of the last things that is checked and it should not form part of the earlier recruitment process. We only DBS check those individuals that have (in UCAS terms) a UF offer. From a DP perspective I would argue to do it earlier and include those who do not reach the UF offer would be processing excessive data.
So long as the applicant/student has applied for the DBS check and the application form (DAF) has been sent off, you are still able to undertake a list 99 check which will cover the student in the early stages.
Under the DfE guidance and OfSTED rules Headteachers of partner schools have no right to look at the contents of the student-teacher DBS check.
See:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/741314/Keeping_Children_Safe_in_Education__3_September_2018_14.09.18.pdf
"para 155: Where trainee teachers are fee-funded, it is the responsibility of the initial teacher
training provider to carry out the necessary checks. Schools and colleges should obtain
written confirmation from the provider that it has carried out all pre-appointment checks
that the school or college would otherwise be required to perform, and that the trainee
has been judged by the provider to be suitable to work with children.68 There is no
requirement for the school to record details of fee-funded trainees on the single central
record.
And the ITT criteria. https://www.gov.uk/government/publications/initial-teacher-training-criteria/initial-teacher-training-itt-criteria-and-supporting-advice#c13-suitability
Section 1.3 "Providers should confirm in writing to schools that a non-salaried trainee’s criminal record check, including a check of the children’s barred list, has been completed and that the individual has been judged by the provider to be suitable to work with children. Providers are not required to provide any information to schools in addition to this confirmation. Schools may wish to record this confirmation in their single central record, but they are not required to do so.
Where a school or college allows an individual to start work in regulated activity before the DBS certificate is available, they should ensure the individual is appropriately supervised and that all other checks, including a separate barred list check, have been completed."
Hope that helps.
Thank you and kind regards.
Rob Dawson BA (Hons), MA, MAUA
Institutional Compliance Officer
University of Chester
Parkgate Road
Chester
CH1 4BJ
[log in to unmask]
CSH005
Tel: 01244 511610
Fax: 01244 511308
http://www.chester.ac.uk/
UKVI Sponsorship Licence Number: DVYR99RA7
> -----Original Message-----
> From: This list is for those interested in Data Protection issues <data-
> [log in to unmask]> On Behalf Of Clare Price
> Sent: Tuesday, October 09, 2018 4:27 PM
> To: [log in to unmask]
> Subject: [data-protection] Asking about
>
> Question from a H.E. institution:
> We carry out DBS checks on students enrolled for programmes of study in
> which they are regularly in sole charge of persons under 18 or vulnerable
> adults including ITE (initial teacher education) courses. We only carry out the
> DBS check once they have accepted and confirmed their place (late August/
> early Sept) and the DBS can take many weeks to be returned which can
> result in a delay to them starting their teaching placement or, if they do not
> get clearance due to something arising from their DBS check, the student
> being removed from that programme of study and offered a different study
> which does not involve a placement in a regulated setting. However this is
> often very last minute which can be very stressful for the student, disruptive
> for the teaching placement who was expecting a trainee and for colleagues.
> Some colleagues have suggested that at interview stage we could ask the
> applicant: Naturally headteachers need to be very mindful of safeguarding
> matters and scrutinise student-teachers’ DBS. Is there anything that you feel
> would prevent you from being accepted on teaching school placements?
> The purpose of this would be to flag up any 'big issues' which would result in
> a clear cut 'no' from DBS and save the student months of looking forward to a
> programme of study which they are not going to be able to do.
>
> Rightfully this has been flagged up as a data protection concern and I, as data
> protection lead, am not sure of what advice to give. Can we ask at all? If so,
> what phrasing is appropriate? Should we write to them instead? Do we need
> consent? Should it be written consent? Any other solutions?
>
> I would be really interested in hearing what other colleagues do in this
> setting or relevant advice from other sectors.
>
>
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