Police Checks for School Support Workers

In light of the recent conviction of a school caretaker for sexual offences against a child, I am taking this opportunity to set out employers’ responsibilities under both the current and historic frameworks for checking the suitability of individuals for appointment to posts working with children.

The first Welsh Office guidance was issued in July 1986, in association with the Home Office and the Departments for Education and Science and Health.  It advised employers, including local authorities, on the procedures for undertaking checks with local police forces about the possible criminal background of those who apply or move to work with children. The guidance made clear that checks were not restricted to teachers but included other people working on or from school and whose work brings them into contact with children (e.g. caretakers and groundsmen).

Updated guidance issued in 1988 and 1993, reiterating the need for employers to seek information about the possible criminal background of individuals with access to children.   Therefore the expectation was that employers would make the appropriate checks on their employees.

In addition, employers were also able to consult the list of those who had been barred or restricted by the Secretary of State, and maintained by the (then) Department for Education and Science.

In 2002, the Assembly Government  issued guidance to local education authorities on preventing unsuitable people from working with children and young people.That guidance highlights the importance of robust pre-appointment checks on anyone working with children in a regulated position.

It requires that individuals disclose details of cautions and convictions as part of the Disclosure process provided by the Criminal Records Bureau.  Enhanced Disclosures also enable the Police to provide details of acquittals or non-conviction information which are relevant to the job or voluntary position being sought.
No system or individual is able to identify or predict those who have yet to offend but we can take action to reduce such occurrences.  Our guidance also recognises that a criminal conviction does not automatically make an individual unsuitable to work with children or vulnerable adults.  Employers must make a judgement about an individual’s suitability taking into account the nature, age and frequency of those offences and their relevance to the particular post.  

Criminal record checks are not the sole source of information about an individual’s suitability to work with children or vulnerable adults.  As part of any appointment procedure employers should confirm the applicant’s identity; verify their academic or professional qualifications; and seek professional and character references from the current or most recent employer as well as the referee, together with details of their previous employment history.

Following the tragic events in Soham, the Government commissioned Sir Michael Bichard to undertake an inquiry. The key aim of the Government’s response to his recommendations is to significantly reduce the risks to children and vulnerable adults from those seeking to work with these groups, and to make it as difficult as possible for criminals to gain access to children through their work.  

The Welsh Assembly Government continues to work with the relevant Whitehall Departments to take forward the response to the Bichard Report, including consideration of the most practical way of implementing a central scheme to determine whether a person is unsuitable to work with children or vulnerable adults.  This new vetting and barring scheme will:-
• build on existing lists of those barred from work with children and vulnerable adults;
• be more comprehensive in coverage than existing lists;
• draw on wider sources of information than the current barring lists;
• be proactive rather than reactive;
• be continuously updated; and
• reduce the need for repeating full CRB checks every time someone changes job.

Much more effective handling and sharing of information, improved vetting procedures and better informed selection processes will all contribute to this..

It is not possible to provide a guarantee that people who might harm children will never gain access to them.  This needs continued vigilance and awareness amongst the public and professionals in addition to proper procedures, processes and professional codes of conduct.  
In December 2003, the Assembly Government commissioned Gwenda Thomas AM to chair a review into safeguarding vulnerable children.  We anticipate that the review group will report early next year.

The Minister for Health and Social Services and I will be writing to employers to remind them of their responsibilities for safeguarding and inviting them to satisfy themselves that they have taken all reasonable steps to ensure the procedures that have been in place are in line with existing guidance and are sufficient to prevent unsuitable individuals from working with children and vulnerable adults.