NASUWT Representatives

www.nasuwt.org.uk55l ● non-conviction/approved information held on local policerecords that the Chief Police Officer determines is relevant tothe post the person has applied for.The current position is that a new DBS Disclosure is not requiredwhen someone moves school, local authority or furthereducation (FE) college. A new Disclosure is only required fornewly appointed staff. Newly appointed staff means anyonewho within the three months before her/his appointment has notworked in:l ● a school in England in a post that brought him or her intoregular contact with children or any post they wereappointed to since 12 May 2006;l ● an FE college in England in a position that involved theprovision of education and regularly caring for, training,supervising or being in sole charge of children or youngpeople under the age of 18.The position is the same in Wales, although it is important tonote that currently, a teacher’s service undertaken in England isnot portable when applying for a position in a Welsh school orFE college. Similarly, a Welsh teacher’s service is not portablewhen applying for a position in an English school or FE college.Supply teachers who are on the books of more than one agencyat the same time need not be asked to obtain a separateEnhanced Disclosure by each agency. On registering with thefirst agency, supply teachers should complete a DBS check andthis should then be verified with any second or subsequentagencies the supply teacher registers with. If the Disclosureincludes any information, then the second agency will need toseek the individual’s consent and get the agency’s copy of thedisclosure so it can be transferred to any school or FE collegeto which they supply the individual.Supply teachers will be required to apply for an EnhancedDisclosure by the supply agency every three years, unless theteacher takes a break of more than three months (see above) orthere is cause for concern.Protection of Freedoms Act 2012As part of the Coalition Government’s review of safeguardingmeasures, a number of changes were enacted by the Protectionof Freedoms Act 2012. This includes a more rigorous ‘relevancy’test to be applied by the police when determining whether ornot to disclose ‘non-conviction’ information on a Disclosure.This test has altered from information which the police believe‘might be relevant’ to information that is ‘reasonably believed tobe relevant’ to the post applied for and therefore whether itought to be disclosed.In practice, as the decision to disclose non-convictioninformation is still based on the judgment of the relevant policeSafeguarding Childrenand Safer Recruitmentin Education (2007)www.education.gov.uk(due for revision andupdating during 2013)www.direct.gov.uk/en/EmploymentFor advice and help ˚ Local Association ˚ Regional Centre ˚ National Executive