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The vulnerability of children
is a sad fact in today's society
Yet something positive is now being done
about it. Last year, new provisions were introduced
requiring school teachers to undergo criminal
record checks.
In the case of Dance Schools, criminal record
checks can be carried out on Teachers, Teaching
Assistants (including helpers) and Student Teachers
who: "care for, train, supervise or are
in sole charge of children".
In respect of the term 'children' this
refers to persons up to the age of 18 years.
Such criminal record checks are
not compulsory, in that the law does not make
it mandatory for the checks to be carried out.
However there are three specific scenarios that,
either separately or together, are likely to
make Dance Schools give criminal record checks
positive consideration:
| Local
Authority Requirements There
have already been instances where some
Local Authorities have made the use
of Local Authority premises, such as
function rooms or school premises, conditional
upon the Dance School or Teacher providing
Disclosure Certificates for themselves
and their staff.
Similarly, Churches and other bodies,
such as the YMCA, that allow Dance Schools
to hire Church Halls or other premises
for dance classes may soon be following
suit. |
Risk of Litigation
In this increasingly litigious
age, if any organisation or an employer
fails to take appropriate steps to limit
risks to children and something untoward
occurred, then they would almost certainly
leave themselves open to expensive and
possibly catastrophic litigation. |
Insurance Nullified
Many may believe they would be
covered by their public liability indemnity
insurance. However, experts believe that
there is duty of reasonable care on dance
teachers to check the criminal records
of those whom they may employ, whether
paid or unpaid, and who may "care
for, train, supervise or are in sole charge
of children" to ensure that they
have disclosed any criminal record. If
the dance teacher has not exercised that
duty of care, then it could effectively
nullify their public liability insurance
for any subsequent claim in this respect. |
The
Opportunities
Quite apart from complying with
the requirements of an increasing number of
Local Authorities and other organisations that
are now beginning to address these issues, most
people welcome the fact that these measures
are there to help protect the children that
we teach. Dance Schools who have met this responsibility
will be able to offer that additional reassurance
not only to those from whom they hire their
premises but, equally importantly, to the children's
parents. A simple statement saying "All
teachers, staff and helpers have been screened"
will be viewed by parents very positively. As
more parents become more familiar with this
system, dance teachers will increasingly be
asked if they and their staff have been screened.
As a dance teacher, I would not like to try
to come up with an excuse to explain to a parent
why my staff had not been screened.
What's
Involved
The Criminal Records Bureau ("CRB")
is an Executive Agency of the Home Office. It
was set up by the government to allow wider
access to information on an individual's criminal
convictions and other officially held records.
It was set up to help employers and organisations
make more informed decisions regarding the people
they recruit. One of its prime purposes is to
protect what are termed vulnerable children.
The process of undertaking checks
through CRB is called Disclosure and
there are three levels of access to officially
held records: Enhanced, Standard and Basic.
It is however, Enhanced Disclosure that is the
most appropriate to the employment of a dance
teacher, assistant teacher, student teacher
or helper.
Enhanced
Disclosure
This is the highest level of access
to information and, in addition to providing
details of a person's criminal record, it also
includes a check on local police records as
well as information that is held by the Department
of Health and Department of Education and Skills.
By virtue of the Rehabilitation
of Offenders Act 1974 (Exceptions) Order 1975,
a person whose normal duties include caring
for, training, supervising or being in sole
charge of children (child) is entitled to be
asked to apply for Enhanced Disclosure. Dance
Teachers and parents can therefore ask a teacher,
student or assistant teacher or helper to apply
to be checked.
In the event that a prospective
teacher or helper declines to apply for Disclosure,
an employer is entitled to withdraw any offer
of employment that may have been made. Current
employees can also be asked to apply for Disclosure
but, if they refuse, consideration would need
to be given to any contract of employment that
may exist. It may also be necessary to take
legal advice.
At this time CRB only provide
access to records relating to the United Kingdom.
Process
of applying for Disclosure
In order to apply for Enhanced
Disclosure, application has to be made through
a Registered Body. Effectively such
a Body has a responsibility to check the identity
of the person making the application and also
to ensure that the category of employment is
one that is entitled to apply for Disclosure.
Disclosure
Certificate
When a check has been carried
out by CRB a copy of the Disclosure certificate
will be sent to the applicant (employee or prospective
employee). A copy will also be provided to the
Registered Body.
In order to make use of the CRB
Disclosure service all employers must adhere
to the Codes of Practice that CRB have laid
down. These include policies on the secure storage,
handling, use and retention of Disclosure information
as well as the possible recruitment of ex-offenders.
The
Cost
The cost for each check and subsequent
disclosure certificate is £30.
How
to go about it
Details are available from The
Home Office and various Registered Bodies offer
this service.
Enquire
now ! |
