The Independent School Standards (Wales) Regulations 2024

21.—(1) This paragraph relates to the suitability of supply staff at the independent school.

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

(a) a person offered for supply by an employment business to the independent school only begins to work at the independent school if the proprietor has received—

(i) written notification from the employment business in relation to that person—

(aa) that the checks referred to in paragraph 24(3)(b)(i) to (iv) and (vii) have been made to the extent relevant to that person,

(bb) that, where relevant to that person, a DBS certificate has been obtained (or where the person is registered with the DBS up-date service a check made of the person’s DBS certificate status) by that employment business or another employment business,

(cc) if the employment business has obtained such a certificate or made a check of DBS certificate status before the person is due to begin work at the independent school, whether the certificate disclosed any matter or information, and

(dd) that, where that person is one 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, that employment business or another employment business has obtained such further checks as appropriate, having regard to any relevant guidance issued by the Welsh Ministers, and

(ii) a copy of any DBS certificate obtained by an employment business before the person is due to begin work at the independent school,

(b) a person offered for supply by an employment business only begins work at the independent school if the proprietor considers that the person is suitable for the work for which the person is supplied,

(c) before a person offered for supply by an employment business begins work at the independent school the person’s identity is checked by the proprietor of the independent school (irrespective of any such check carried out by the employment business before the person was offered for supply),

(d) the proprietor, in the contract or other arrangements which the proprietor makes with any employment business, requires the employment business to provide—

(i) the notification referred to in paragraph (a)(i), and

(ii) a copy of any DBS certificate which the employment business obtains,

in respect of any person whom the employment business supplies to the independent school, and

(e) except for those persons to whom sub-paragraph (4) applies, in the case of supply staff who care for, train, supervise or are in charge of boarders, the proprietor checks that the relevant parts of 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.

(3) Except in the case of a person to whom sub-paragraph (4) applies, the certificate referred to in sub-paragraph (2)(a)(i)(bb) must have been obtained or the certificate status check referred to in sub-paragraph (2)(a)(i)(bb) must have been made not more than 90 days before the date the person is due to start work at the independent school.

(4) This sub-paragraph applies to a person (“P”) who has worked in—

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

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

during a period which ended not more than 90 days before P is due to begin work at the independent school.