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UCET SeminarCriminal Records Checks and ITT

Paul Moses, Stefan Burkey, Lucy Avery, Emilia O’CarrollStandards in ITT Team

Why (oh why) CRB disclosures?

• R1.3: That all entrants have been subject to a Criminal Records Bureau enhanced disclosure check and/or any other appropriate background check.

• To protect children and young people from trainee teachers who might put them at risk of harm because their previous conduct shows that they are unsuitable for teaching.

• Bichard enquiry following Soham • Schools have a safeguarding duty through the Education

Act 2002, and must have regard to statutory guidance.

Who is responsible for ensuring a check on a trainee has been undertaken?

• The accredited provider – under ITT Requirement 1.3• The training provider (as the ‘personnel provider’) rather than the

school is responsible for ensuring that a trainee holds a disclosure

• In the case of an employment-based teacher training (EBTT) route, the responsibility lies with the employer to initiate the check. The training provider will need to confirm that this has been done, and maintain appropriate records

• If a provider fails to comply with this requirement, they put children and young people at potential risk, they risk being found non-compliant by Ofsted, and they risk withdrawal of accreditation.

What about current employees of a school, with an enhanced disclosure, who register on an ITT programme?Currently:• An employee such as a teaching assistant, higher level teaching assistant or

cover supervisor that starts an employment-based teacher training (EBTT) scheme at the school where they are employed does not require a further CRB check.

Awaiting advice on the following amendment: • An employee such as a teaching assistant, higher level teaching assistant, or

cover supervisor that starts an employment-based teacher training (EBTT) scheme at the school where they are employed will require a new CRB check. The transfer to teacher training represents a significant increase in responsibilities and will afford greater access to children and young people. Many local authorities already require a fresh CRB check at the point of any change of status within the profession.

Can a school (and/or local authority) demand to see the CRB disclosure?

• No. Schools should not expect to have routine access to trainees’ disclosures

• However, a school may wish to check that an enhanced CRB has been undertaken

• CRB disclosures can be passed from agency to agency if the subject has given written consent.

Can a school (or local authority) require a new disclosure?

• Yes. But …• Not required …• Not encouraged …• Make this clear in partnership arrangements / documentation …• Refer schools to TDA guidance, or if necessary to the TDA.

What is the currency of the disclosure?

• Trainee teachers would not normally be subject to more than one CRB check during the course of their programmes even when these extend beyond three years. Providers of ITT are not expected to make additional checks in respect of separate school placements.

If a conviction is disclosed, what do we do? And who should know?

• The provider must make a judgement about suitability to train to teach, based on the evidence of the disclosure

• In certain cases, the provider will refer the case to the GTC(E) (see: www.gtce.org.uk/shared/contentlibs/107419/104518/itt_guidance.pdf)

• In other cases, providers may, with the trainee’s permission, share information with another agency (e.g. a school)

What do we do in the case of a trainee recently recruited from overseas?

• Overseas students [where possible] should be subject to a CRB check in respect of time spent in the UK. Certificates of good conduct, if available, should be secured in respect of time spent living in other countries. If it is not possible to obtain [a CRB check, and/or] certificates of good conduct, ITT institutions should be diligent in the taking up and checking of references.

• www.crb.gov.uk/Default.aspx?page=2243

gives advice on obtaining information from a range of countries.

Should HEI tutors be subject to CRB clearance?

• Normally no.• ITT tutors who have only occasional contact with pupils and are

not left unsupervised with children do not require CRB clearance provided they are at all times in the company of individuals that have been cleared. Such individuals can include ITT students.

What are the implications of a delay in receiving a disclosure?

Currently:• Headteachers have the discretion to allow ITT trainees into

school pending CRB clearance, provided that List 99 checks have been completed

In the future:• Headteachers have the discretion to allow ITT trainees into

school pending CRB clearance, provided that [trainees have been provisionally registered with the GTC(E), and are members of the ISA scheme]

• They may, however, choose not to exercise that discretion …

What if a trainee is arrested / under investigation / charged with an offence while on programme?

• The provider will exercise judgement on a case by case basis. A trainee may be suspended from the programme.

• Further guidance will follow.

What if a trainee is convicted of an offence while on programme?

• The provider will exercise judgement on a case by case basis. Training may be suspended or terminated.

• In the case of a trainee receiving a conviction punishable by imprisonment, the training provider will terminate the training programme, and ensure that any grant-awarding authorities are informed of the trainee’s removal from the programme. [This guidance is currently under review].

• Provisional registration will bring trainee teachers into the same regulatory framework as fully registered teachers. This means that any trainee can be referred to the GTC following a conduct matter that has led to the trainee leaving the course (GTC(E)).

What about pre-ITT experiences – when is a check required?• Candidates on an enhancement course who have been given a conditional

offer of a place on an ITT programme and who have been CRB checked at the start of the enhancement course do not need a further CRB check when they commence the ITT programme if (a) they continue training with the same institution and (b) any gap between the end of the enhancement course and the commencement of the ITT programme is shorter than three months.

• If the candidate has not been offered a conditional place on an ITT programme, or if the candidate transfers to a different provider for the ITT programme, or if there is a gap longer than three months between the enhancement course and the ITT programme, then a new CRB check will be required upon entry to a programme of ITT

• Teach First Summer Institute – a check is required, and a further check on entry to ITT

• ‘Observation’ experiences – at the Head Teacher’s discretion

Where do we get further advice?

• Guidance: www.tda.gov.uk/qts• Standards in ITT Team: paul.moses@tda.gov.uk;

stefan.burkey@tda.gov.uk; lucy.avery@tda.gov.uk • DCSF guidance: Safeguarding Children and Safer Recruitment in

Education (DFES-04217-2006) www.publications.teachernet.gov.uk

• www.everychildmatters.gov.uk/socialcare/safeguarding/• CRB: www.crb.gov.uk