The policy will apply to those seeking paid/unpaid work within LAL that involves working with children (young learners). Children are to be defined as any person under the age of 18 years.
For those moving jobs within LAL to a post with an increased level and nature of access to children, an enhanced level of disclosure will be required even though that person has already been employed by LAL.
The relevance of criminal records to the workplace is a developing area and LAL will need to review and amend its policies in the light of experience or new legislation. Where, due to changes in legislation, different employees become subject to regulation for the first time, LAL will require existing employees in those groups to obtain a DBS disclosure under the terms of this policy, at LAL’s expense.
Employees in posts that involve working with children will be required to have an up to date enhanced disclosure from the DBS (CRB) every three years. LAL will pay for this disclosure. Refusal to co-operate with LAL in this respect may result in disciplinary action. It is the responsibility of the HR Manager to ensure these checks are undertaken as necessary.
For new employees that join LAL in a year-round/fixed term contract role which requires an Enhanced DBS (CRB) Disclosure, who do not possess an Enhanced Disclosure, LAL will pay for this disclosure.
For new employees that join LAL in a seasonal/less than 3 months role which requires an Enhanced DBS (CRB) Disclosure, who do not possess an Enhanced disclosure, LAL will pay for this disclosure, but will recover the cost of it from the new employee’s first month’s wages.
Where seasonal employees who are returning to LAL, and who do not have a current Enhanced DBS (CRB) Disclosure, LAL will pay for this disclosure, but will recover the half of the cost of it from the returning employee’s first/last month’s wages.
Any staff who cannot be checked through the DBS will be required to provide a police check from their country of origin or residence, translated and notarised.
For those posts where new employees will be working with children, as part of the recruitment process, the HR Manager will ensure employment references contain questions asking referees if the applicant is, in their opinion, suitable to work with children.
For those posts where new employees will be working with children, all job offers will be conditional, subject to receipt of satisfactory references and satisfactory DBS (CRB) disclosure.
Commencement of Work Pending a DBS Disclosure
It is LAL’s policy that no one should be allowed to start work before the DBS (CRB) disclosure is received. This policy is to try to ensure maximum protection by minimising any known risks. It is acknowledged that the practice of awaiting a DBS disclosure is sometimes difficult to implement fully due to the practicalities on the ground of having to ensure minimum staffing levels at all times. Therefore, General Managers have the discretion to allow school-based staff to commence work under specific measures before receiving a disclosure from the DBS. These specific measures are to be used only in exceptional circumstances when the delivery of services will be affected and all other alternatives have been considered and exhausted.
Specific measures require the General Manager, in conjunction with the HR Manager, to undertake a risk assessment and arrange for any supervisory measures that result. Arrangements should be reviewed on a regular basis, as a minimum, weekly, until the DBS (CRB) disclosure is received. All other pre-employment checks must have been completed.
Handling of DBS Certificate Information
As an organisation using the Disclosure and Barring Service (DBS) to help assess the suitability of applicants for positions of trust, LAL complies fully with the Code of Practice regarding the correct handling, use, storage, retention and disposal of certificates and certificate information
Certificate information will be kept securely in electronic format only with access strictly controlled and limited to those who are entitled to see it as part of their duties.
In accordance with section 124 of the Police Act 1997, certificate information is only passed to those who are authorised to receive it in the course of their duties. We maintain a record of all those to whom certificates or certificate information has been revealed and it is a criminal offence to pass this information to anyone who is not entitled to receive it.
Certificate information is only used for the specific purposes for which it was requested and for which the applicant’s full consent has been given.
Once a recruitment or relevant decision has been made, we do not keep certificate information for any longer than necessary. This is generally for a period of up to 6 months, to allow for the consideration and resolution of any disputes or complaints.
Once the retention period has elapsed, we will ensure that any DBS disclosure information is immediately destroyed by a secure means. We will not keep any photocopy or other image of the certificate or representation of the contents of the certificate. However, not withstanding the above, we will keep a record of the following:
- Date of issue of certificate
- Name of the subject of disclosure
- Type of disclosure
- Position applied for
- Unique reference number of the certificate
- Details of the recruitment decision taken.
On receipt of DBS clearance, managers need to complete the DBS Certificate Information Form to record this information. The completed form should be sent to the HR Manager and then stored on the employee’s electronic personal file.