ROA Act

Dear David

The recruiting process involves the completion of an application form
which has the following section:

Protection of Children

The post you are applying for is subject to an order under Section 4(4) of
the Rehabilitation of Offenders Act 1974. Applicants are therefore not
entitled to withhold information about convictions which, for other
purposes are 'spent' under the provisions of the Act. If you are to be
recommended for the post you will be subject to a Criminal Records Bureau
check. This will be an enhanced disclosure. You must, therefore, disclose
any convictions, cautions, warnings, reprimands, binding over or other
orders, pending prosecutions or criminal investigations. Failure to
disclose this information could result in the withdrawal of a job offer,
dismissal or disciplinary action. Any information given will be completely
confidential and will be considered only in relation to an application for
positions to which an order applies.

If they answer declare any conviction etc at this point then the Head
would have to form a view as to whether this would affect the shortlisting
of this person. If they declare nothing then their CRB form is sent off
but the clause in their contract applies, ie, "The post to which you have
been appointed is one designated as having substantial access to children
and, as such, is subject to a check being made with the Criminal Records
Bureau, that you do not have any restriction order under the Mental Health
Act 1983 (Section 41); criminal convictions, cautions, bind-over orders or
spent convictions rendering you, in the view of the School, unsuitable for
the post. If the disclosure reveals any criminal convictions, cautions,
bind-over orders, spent convictions or orders under the Mental Health Act
1983 (Section 41), which the School considers affects your suitability for
this post, this will constitute grounds for the termination of your
employment." As a rule, we try to make sure that new members of staff
have CRB clearance before they start work here. This is sometimes not
possible but no-one starts work here without a 'List 99' police check
coming back clear. From July 2010 no-one will be able to start work
without clearance through the new body, the Independent Safeguarding
Authority.

As far as I am aware we have not had teachers declaring convictions on
their application forms but we have had instances where a query has come
back following the CRB check and a view has had to be taken as to whether
this should affect their employment. An example would be a caution for
minor criminal damage to a car wing mirror whilst at University some time
ago. This person was kept on the staff.

Examples which would debar someone would obviously be protection of
children issues.

I hope this answers your queries.

Kind regards

Hilda Clarke

Headteacher

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Dear David

Thank you for your email. I think the fact that schools, in accordance with government guidance on recruitment in schools, let potential applicants know in advance that CRB checks will be undertaken generally puts off anyone with cautions which they know schools will take a dim view of. We have had non-teaching staff declare convictions and a view was taken on that and in 2 instances I can think of we employed them. We have become aware, after shortlisting, of matters which have caused some concern and which came to light because we always seek references prior to interview. We ask referees their opinion of whether or not the applicant is suitable to work with young people, details of any disciplinary problem or concern involving the applicant, including issues relating to the safety and welfare of children which have expired and details of any allegation or concerns that have been raised relating to children and young people.

I hope this information helps you.

Hilda Clarke
Headtacher

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