Wolferstans are education law specialists providing a complete service for local schools. The services we offer include; ongoing human resources/employment law support, education law, SEND Tribunals, Employment Tribunals, Academy conversions and MAT mergers/expansion projects in addition to expertise and experience of handling complaints to the ICO and Subject Access Requests.
DBS Update November 2020
There has been a slight change to the rules in relation to what is disclosed on Standard and Enhanced DBS certificates. The updated rules, which came into force as of 28th November 2020, state that warnings, reprimands and youth cautions will no longer be automatically disclosed on a DBS certificate. Further, the multiple conviction rule has been removed, meaning that if an individual has more than one conviction, regardless of offence type or time passed, each conviction will be considered against the remaining rules individually, rather than all being automatically disclosed.
In terms of what you need to do as employers and recruiters, you may wish to consider updating your application forms relating to positions that are eligible for a Standard or Enhanced DBS check so that they reflect the filtering rules in that you ask the right questions and employees provide you with legally accurate answers.
It is suggested that you use the following questions as a template for your recruitment processes:
- Do you have any unspent conditional cautions or convictions under the Rehabilitation of Offenders Act 1974? (Y/N)?
- Do you have any adult cautions (simple or conditional) or spent convictions that are not protected as defined by the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2020? (Y/N)?
You are also encouraged to include the paragraph below in your standard application forms:
- The amendments to the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (2013 and 2020) provides that when applying for certain jobs and activities, certain convictions and cautions are considered ‘protected’. This means that they do not need to be disclosed to employers, and if they are disclosed, employers cannot take them into account.
October 2020 - Updated guidance on subject access requests
November 2020 - Guidance for clinically extremely vulnerable employees (CEV)
Half-termly legal update webinars
The Wolferstans Education team is led by James Twine and Victoria Sargeant: