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Trainee/student teachers

            117.  Where applicants for initial teacher training are salaried by the school or college,
            the school or college must ensure that all necessary checks are carried out. As trainee
            teachers are likely to be engaging in regulated activity, an enhanced DBS certificate
            (including barred list information) must be obtained.


            118.  Where trainee teachers are fee-funded, it is the responsibility of the initial teacher
            training provider to carry out the necessary checks. Schools should obtain written
            confirmation from the training provider that these checks have been carried out and that
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            the trainee has been judged by the provider to be suitable to work with children.  There
            is no requirement for the school to record details of fee-funded trainees on the single
            central record.


            Existing staff

            119.  If a school or college has concerns about an existing staff member’s suitability to
            work with children, the school or college should carry out all relevant checks as if the

            person were a new member of staff. Similarly, if a person working at the school or college
            moves from a post that was not regulated activity into work which is regulated activity, the
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            relevant checks for the regulated activity must be carried out.  Apart from these
            circumstances, the school or college is not required to request a DBS check or barred list
            check.

            120.  Schools and colleges have a legal duty to refer to the DBS anyone who has
            harmed, or poses a risk of harm, to a child or vulnerable adult; where the harm test

            is satisfied in respect of that individual; where the individual has received a
            caution or conviction for a relevant offence, or if there is reason to believe that the
            individual has committed a listed relevant offence; and that the individual has been
            removed from working (paid or unpaid) in regulated activity, or would have been
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            removed had they not left.  The DBS will consider whether to bar the person.
            Referrals should be made as soon as possible after the resignation or removal of the
            individual. Guidance on referrals can be found on GOV.UK.


            121.  Where a teacher’s employer, including an agency, dismisses or ceases to use the
            services of a teacher because of serious misconduct, or might have dismissed them or
            ceased to use their services had they not left first, they must consider whether to refer
            the case to the Secretary of State, as required by sections 141D and 141E of the


            49
               National College for Teaching and Leadership - Initial teacher training provider supporting advice and initial teacher
            training criteria
            50  Schools and colleges will wish to consider the offence of allowing individuals to engage in regulated activity whilst
            barred. It is intended that, at a date to be announced, any regulated activity provider will have a duty to request a
            barred list check before allowing any individuals to engage in regulated activity (section 34ZA Safeguarding Vulnerable
            Groups Act 2006) and for it to be possible to obtain such a check independently from the enhanced check from the
            DBS.
            51  The list of offences is set out in the Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and
            Miscellaneous Provisions) Regulations 2009 (SI 2009 No. 37) (amended).

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