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For info. DBS checks – now mandatory for all governors

Discussion in 'Governors' started by nomad, Mar 8, 2016.

  1. nomad

    nomad Star commenter

    The DfE has introduced a piece of legislation which means that in future, and with effect from April or September 2016, ALL governors will be required to have a DBS check. The new law (which has come into force in March 2016) states:

    Amendment of the School Governance (Constitution) (England) Regulations 2012 (http://www.legislation.gov.uk/uksi/2016/204/regulation/2/made )

    2.—(1) The School Governance (Constitution) (England) Regulations 2012(1) are amended as follows.

    (2) In regulation 5(1) (interpretation), in the appropriate place, insert—

    ““enhanced criminal record certificate” means an enhanced criminal record certificate issued under section 113B of the Police Act 1997, which includes, in such cases as are from time to time prescribed under section 113BA(1) of that Act, suitability information relating to children, and any relevant up-date information (as defined in section 116A(8) of the Act) where such a certificate is subject to up-date arrangements;”.

    (3) After regulation 16 (notification of appointments), insert—

    “Criminal record certificates

    16A.—(1) Where a governor has been elected or appointed before 1st April 2016 and does not hold an enhanced criminal record certificate, the governing body must apply for such a certificate in respect of that governor by 1st September 2016.

    (2) Where a governor is elected or appointed on or after 1st April 2016 and does not hold an enhanced criminal record certificate, the governing body must apply for such a certificate in respect of that governor within 21 days after his or her appointment or election.”
     
  2. Rott Weiler

    Rott Weiler Star commenter Forum guide

    .
    Yes indeed, and just for clarity the Regulations only apply to Local Authority schools, where there was previously no legal acquirement for governors to have DBS checks (although many - most probably - schools DBS checked governors anyway).

    Academy + Free School governors have been legally required to have DBS checks for some years although the details are a little different
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    nomad likes this.
  3. nomad

    nomad Star commenter

    Indeed, @Rott Weiler

    Thanks for adding a clarification.
     

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