Newsflash - Updated Keeping Children Safe in Education Guidance Issued

The Keeping Children Safe in Education statutory guidance (KCSIE) has just been updated to reflect the changes to staff checks following Brexit.

From 1 January 2021, the professional regulators in the EEA (EU, Iceland, Liechtenstein and Norway) will no longer share information about sanctions or restrictions imposed on EEA teachers with the Teaching Regulation Agency (TRA). This means that for those being appointed to a teaching role, they will need to provide a letter of past conduct from the relevant overseas professional regulatory body.

This new requirement is reflected in the updated KCSIE guidance. Annex H sets out the changes but the key change to be aware of is at paragraph 172 which reflects the requirements for such individuals to obtain a letter of professional standing from the relevant professional regulating authority.  The KCSIE guidance points applicants to the NARIC website/organisation to establish which relevant body they need to contact.

This information should be considered along with all other information the school obtains through their pre-employment checks. In the event the applicant cannot obtain this information, the guidance suggests schools should seek alternative methods of checking suitability and/or undertaking a risk assessment to assist in deciding if the applicant is suitable to appoint to the post.

What is not so clear is whether this check needs to be carried out for someone not employed as a “teacher” but who will undertake teaching work during their role, such as an HLTA or cover supervisor. We would suggest, erring on the side of caution, that if they can obtain such a letter, they should be required to do so.

This new check is a separate requirement to any overseas criminal records checks that may be required.

Action to take

Recruitment documents including offer letters, contracts of employment and your safer recruitment policy as well as your single central record should be reviewed to reflect this new requirement (as well as any required overseas criminal records check). Any offer of employment for a teaching post (or involving teaching work) should be expressed to be conditional upon the school being satisfied that the individual has no teaching sanctions or restrictions against them through the production of a letter of past conduct from the relevant overseas professional regulatory authority.

Please do not hesitate to contact us if you have any questions, do let us know at georgina.decosta@judicium.com or on 07399185443.