Paragraph 4 Suitability of staff and governorsI1
England and Wales
The suitability of a person who has been appointed to a position, which is not the position of chair of the governing body, must be checked in accordance with sub-paragraphs (3) to (7).
A person’s suitability for appointment to a position under this paragraph must be checked before the appointment is made, or if permitted, as soon as practicable after appointment.
The proprietor must check—
the person’s identity;
that the person meets all relevant staff qualification requirements; and
the person’s right to work in the United Kingdom.
The proprietor must ensure that, where relevant to the person, an enhanced criminal record check is made in respect of that person and an enhanced criminal record certificate is obtained before or as soon as practicable after the person’s appointment.
In the case of any person for whom, by reason of that person living or having lived outside the United Kingdom, obtaining such a certificate is not sufficient to establish the person’s suitability to work in a school, the proprietor must make such further checks as the proprietor considers appropriate, having regard to any guidance issued by the Secretary of State.
In the case of a person who cares for, trains, supervises or is in charge of pupils for whom accommodation is provided, in addition to the matters specified in sub-paragraphs (3) to (5), the proprietor must check that the National Minimum Standards F1and, where the school is also a children’s home, the Quality Standards, are complied with.
The checks referred to in sub-paragraphs (4) to (6) do not need to be carried out in relation to a person who has worked in—
a school in England in a position which brought the person regularly into contact with children or young persons,
a maintained school in England in a position to which the person was appointed on or after 12th May 2006 and which did not bring the person regularly into contact with children or young persons, or
an institution within the further education sector in England, or in a 16 to 19 Academy, in a position which involved the provision of education which brought the person regularly into contact with children or young persons,
during a period which ended not more than three months before the person’s appointment.
Annotations
Textual amendments
- F1
Words in Sch. para. 4(6) inserted (1.9.2018) by The Independent Educational Provision in England (Provision of Information) and Non-Maintained Special Schools (England) and Independent School Standards (Amendment) Regulations 2018 (S.I. 2018/901), regs. 1, 10(3)(b)
Commencement
- I1
Sch. para. 4 in force at 1.9.2015, see reg. 1(1)