The DfE has introduced an amendment to legislation which means that in future, and with effect from April or September 2016, ALL governors will be required to have a DBS check. Although the revised legislation refers to these as criminal record checks, it is therefore possible that we will be going back to calling them CRBs, or maybe CRCs, but for now they are DBS checks.
Why has this been implemented?
The Department’s aim is to improve the regulatory framework for maintained school governance. Enhanced Criminal Record checks are currently not mandatory for maintained school governors. The current system of disqualification relies on governors self-disclosing their criminal convictions, unless the clerk has asked for a check to be made. Amending the 2012 Constitution Regulations, will provide reassurance to the governing body that an individual is not disqualified from holding office as a governor due to criminal convictions. The checks will only be made on those governors that do not already have a certificate. This will bring the arrangements in the maintained sector in line with the requirements in place for trustees in academies and free schools.
The new law (coming into force in March 2016) explains the new arrangements that schools must follow:-
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 daysafter his or her appointment or election.”
For further advice in relation to DBS checks or information about our online DBS portal please call the team on 01924 827869 or email email@example.com