Q I was puzzled by Ruth Kelly's statement that she will be making Criminal Records Bureau checks compulsory for people working with children. Are they not already compulsory?
A To all intents and purposes, these checks are compulsory for schools and registered early years providers. Both initial registration and ongoing inspection requirements make ensuring the suitability of adults a high priority. The system changed slightly in October 2005. After that date, the only checks on suitability carried out directly by Ofsted are in respect of:
* applicants for registration
* any changes to the registered person where this is an organisation
* managers or persons in charge of day-to-day care.
It remains the responsibility of the applicant for registration or the registered provider to set in place rigorous vetting and recruitment procedures to make sure anyone working or living on the premises is suitable to be in regular contact with children.
CRB checks can only be one part of this process. People who are a risk to children may have no criminal record at all. In June 2005, the Government issued new guidance, 'Safer Recruitment and Selection in Education Settings' (DFES/1568/2005), as part of its response to the Bichard Report on the Soham murders. This guidance looks at the whole process of recruitment and selection, and emphasises the importance of establishing and maintaining a safer culture within care and education settings.
This is a changing area of law. The Government has said that it will tighten up the current processes and legislation is expected in the next few months. Government guidance issued in 2002, 'Preventing Unsuitable People from Working with Children and Young Persons in the Education Service' (DFES/0278/2002) is still in force but is due to be updated, and information on the proposed new 'vetting and barring' scheme, due to be fully implemented in 2008, is available on the DfES website.
Contacts
Christine Betts
* Veale Wasbrough Lawyers, Orchard Court, Orchard Lane, Bristol BS1 5WS, tel: 0117 925 2020, fax: 0117 925 2025, e-mail: cbetts@vwl.co.uk, website: www.vwl.co.uk
Nursery World
* If you have a question that you would like answered, write to Nursery World, 66-68 East Smithfield, London E1W 1BX, fax: 020 7782 3131 or e-mail: ruth.thomson@nurseryworld.co.uk. All letters will be treated in the strictest confidence but only published questions will be answered.