Paragraph 5 Suitability of supply staffI1

England and Wales

(1)

The suitability of a person supplied by an employment business to the school who is working as a teacher or member of support staff at the school must be checked in accordance with sub-paragraphs (2) to (6).

(2)

The proprietor must have received—

(a)

written notification from the employment business in relation to that person—

(i)

that it has made the checks referred to in paragraph 4(3) to the extent relevant to that person;

(ii)

that, where relevant to that person, an enhanced criminal check has been made and that it, or another employment business, has obtained an enhanced criminal record certificate in response to such a check;

(iii)

whether, if the employment business has obtained such a certificate before the person is due to begin work at the school, it disclosed any matter or information;

(b)

a copy of any enhanced criminal record certificate, obtained by an employment business before the date on which the person is due to begin work at the school; and

(c)

in the case of a person for whom, by reason of living or having lived outside the United Kingdom, obtaining such an enhanced criminal record certificate is not sufficient to establish the person’s suitability to work in a school, written notification of such further checks made by the employment business as it considered appropriate, having regard to any guidance issued by the Secretary of State and the information disclosed by such checks.

(3)

Except in the case of a person to whom sub-paragraph (4) applies, the certificate referred to in sub-paragraph (2)(a)(ii) must have been obtained not more than three months before the date on which the person is due to begin work at the school.

(4)

This sub-paragraph applies in relation to a person who has worked in—

(a)

a school in England in a position which brought the person regularly into contact with children or young persons,

(b)

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

(c)

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 is due to begin work at the school.

(5)

Before a person offered for supply by an employment business begins work at the school, the proprietor must check the person’s identity (irrespective of whether the employment business carried out such a check before the person was offered for supply).

(6)

Except for a person to whom sub-paragraph (4) applies, the proprietor must check that where a person offered for supply to care for, train, supervise or be in charge of pupils for whom accommodation is provided, the National Minimum Standards F1and, where the school is also a children’s home, the Quality Standards, are complied with, before that person may begin work at the school.

Annotations

Textual amendments

F1: Words in Sch. para. 5(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. 5 in force at 1.9.2015, see reg. 1(1)