The Independent School Standards (Wales) Regulations 2024

20.—(1) The standard in this paragraph relates to the suitability of persons appointed as members of staff at the independent school, other than the proprietor and supply staff.

(2) The standard in this paragraph is met if—

(a) no such person is barred from regulated activity relating to children in accordance with section 3(2) of the 2006 Act where that person is or will be engaging in activity which is regulated activity within the meaning of Part 1 of Schedule 4 to that Act,

(b) no such person carries out work at the independent school in contravention of a prohibition order, an interim prohibition order, a suspension order or an interim suspension order,

(c) no such person carries out work at the independent school in contravention of any direction made under section 142 or 167A of the 2002 Act, section 128 of the 2008 Act or any disqualification, prohibition or restriction which takes effect as if contained in any such direction,

(d) the proprietor carries out appropriate checks to confirm in respect of each such person—

(i) the person’s identity,

(ii) the person’s medical fitness,

(iii) the person’s right to work in the United Kingdom, and

(iv) where appropriate, the person’s qualifications,

(e) where relevant to any such person—

(i) a DBS certificate has been obtained in respect of that person, or

(ii) where that person is registered with the DBS up-date service, a check is made of the person’s DBS certificate status,

(f) in the case of any person for whom, by reason of that person living or having lived outside the United Kingdom, obtaining such a certificate is not sufficient to establish the person’s suitability to work in an independent school, such further checks are made as the proprietor considers appropriate, having regard to any relevant guidance issued by the Welsh Ministers, and

(g) in the case of staff who care for, train, supervise or are in charge of boarders, in addition to the matters specified in paragraphs (a) to (f), the proprietor checks that the Standards in the National Minimum Standards for Boarding Schools or, where applicable, the National Minimum Standards for Residential Special Schools, relating to vetting of staff are complied with,

and the proprietor, having considered the information from the checks referred to in paragraphs (c) to (g), considers that the person is suitable for the position to which the person is appointed.

(3) The checks referred to in sub-paragraph (2) (except where sub-paragraph (4) applies) must be completed before a person’s appointment.

(4) The checks specified in sub-paragraph (2)(d), (e), (f) and (g) do not need to be carried out where the new member of staff (“M”) has worked in—

(a) an independent school or a maintained school in Wales in a position which brought M regularly into contact with children or young persons,

(b) a maintained school in Wales in a position to which M was appointed on or after 1 April 2006 and which did not bring M regularly into contact with children or young persons, or

(c) an institution within the further education sector in Wales in a position which involved the provision of education or which brought M regularly into contact with children or young persons,

during a period which ended not more than 90 days before M’s appointment.