Paragraph 4 Suitability of proprietors and staff

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. para. 3(5)(b) words substituted by Fire and Rescue Services Act 2004 (Consequential Amendments) 2004 art. 70(3)
Sch. para. 4(2)(d) words inserted by Education (Miscellaneous Amendments relating to Safeguarding Children) 2009 reg. 6(3)(a)
Sch. para. 4B(6) words substituted by Education (Miscellaneous Amendments relating to Safeguarding Children) 2009 reg. 6(3)(b)
Sch. para. 4C(2)(b) words inserted by Education (Miscellaneous Amendments relating to Safeguarding Children) 2009 reg. 6(3)(c)

The suitability of the proprietor and staff at the school meets the standard if—

(a)

the proprietor is subject to a check with the Criminal Records Bureau made by the Secretary of State to confirm his suitability to work with children, that check to be at an enhanced level if his duties involve regularly caring for, training, supervising or being in sole charge of persons aged under 18;

(b)

prior to confirmation of their appointment, members of staff at the school are subject to a check with the Criminal Records Bureau which confirms suitability to work with children, that check to be at an enhanced level if the member of staff’s duties involve regularly caring for, training, supervising or being in sole charge of persons aged under 18;

(c)

prior to confirmation of their appointment, appropriate checks are carried out on staff to confirm their identity, medical fitness, previous employment history, character references, and where appropriate, qualifications and professional references, and that information is taken into account in determining whether an appointment is confirmed;

(d)

where staff will care for, train, supervise or be in charge of children for whom accommodation is provided, they also comply with Standard 38 of the National Minimum Standards for Boarding Schools or where applicable Standard 27 of the National Minimum Standards for Residential Special Schools; and

(e)

neither the proprietor nor any member of staff carries out work, or intends to carry out work, in contravention of a direction under section 142(1) of the 2002 Act.