Page 37 - Stat guidance template

exclusion would apply. If the volunteer is to be supervised while undertaking an activity,
which would be regulated activity if it was unsupervised, the statutory guidance must be
followed. This is replicated at Annex F. The guidance issued following this change
requires that:

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• there must be supervision by a person who is in regulated activity;
• the supervision must be regular and day to day; and

• the supervision must be “reasonable in all the circumstances to ensure the
protection of children.”

127. The DBS cannot provide barred list information on any person, including
volunteers, who are not in, or seeking to enter, regulated activity.

Maintained school governors

128. Governors in maintained schools are required to have an enhanced criminal
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records certificate from the DBS. It is the responsibility of the governing body to apply
for the certificate for any of their governors who does not already have one. Governance
is not a regulated activity and so governors do not need a barred list check unless, in
addition to their governance duties, they also engage in regulated activity.

Other school and sixth form college governors

129. Governors who are volunteers should be treated on the same basis as other
volunteers, that is, an enhanced DBS check (which will include a barred list check)
should only be requested if the governor will be engaging in regulated activity. Governing
bodies can request an enhanced DBS check without a barred list check on an individual
as part of the appointment process for governors.

Proprietors of independent schools including academies and free schools or
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alternative provision academies and free schools
130. Before an individual becomes either the proprietor of an independent school or the
chair of a body of people which is the proprietor of an independent school, the Secretary
of State will: 56, 57

• carry out an enhanced DBS check; where relevant, and where such a check is
made, obtain an enhanced DBS check certificate (either including or not including

53 If the work is in a specified place such as a school, paid workers remain in regulated activity even if supervised.
54 The School Governance (Constitution and Federations) (England) (Amendment) Regulations 2016.
55 The proprietor of an academy or free school or alternate provision academy or free school is the academy trust.
56 Paragraph 20 of the Schedule to the Education (Independent School Standards) Regulations 2014.
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This will include an academy trust of any academy or free school, other than for 16 – 19 academies or free schools.
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