DBS

[geoffrey]

A young male teacher has received a letter from the Data Barring service stating that a female teacher from the school has reported him to them for using a rude word (Fxxx off) to an abusive 16-year-old pupil. What could happen now?

[Amethyst]

Re: DBS

The Disclosure and Barring Service???

The Disclosure and Barring Service (DBS) helps employers make safer recruitment decisions and prevent unsuitable people from working with vulnerable groups, including children. It replaces the Criminal Records Bureau (CRB) and Independent Safeguarding Authority (ISA).

Barring

We make fair, consistent and thorough barring decisions that are an appropriate response to the harm that has occurred, as well as the risk of harm posed.


We are keenly aware of the impact barring or not barring can have both to the person under consideration and also those with whom they have or could have come into contact. Often very difficult and finely balanced decisions have to be made.


There are three main ways cases come to us:

• Autobars - there are 2 types of automatic barring cases where a person has been cautioned or convicted for a ‘relevant offence’:

1. automatic barring without representations offences will result in the person being placed in a barred list(s) by the DBS irrespective of whether they work in regulated activity
2. automatic barring with representations offences may, subject to the consideration of representations and whether the DBS believes that the person has worked in regulated activity, is working in regulated activity or may in future work in regulated activity, this may also result in the person being placed on a DBS barred list(s)

• Disclosure information - where a person has applied for a DBS certificate to work with children or vulnerable adults with a check of one or both barred lists and their certificate reveals they have a criminal history
  
• Referrals from an organisation that has a legal duty or power to make referrals to DBS: typically there is a duty, in certain circumstances, on employers to make a referral to the DBS when they have dismissed or removed an employee from working in regulated activity, following harm to a child or vulnerable adult or where there is a risk of harm

[Amethyst]

Re: DBS

hmmm, has any other action been taken against him? by the school for instance?

[Johnboy007]

Re: DBS

This really is a school disciplinary issue.
The DBS, should consider the allegation, and if need be, report it to the school concerned.
The school should inform the teacher that an allegation of swearing at a pupil has been made against him.
They should also inform him that they are holding an investigation into the matter, the outcome of which may may result in him facing a disciplinary hearing.
This at least gives the teacher a chance to prepare any defence.
This may very well be an isolated incident, and the teacher may very well have been provoked.
The female teacher was wrong in bypassing the schools complaints procedure, and the school head, should make her aware of this fact.
Procedures are there for the protection of everyone.
I would be inclined to think, that the female teacher, has probably got a little bit more than just a complaint of swearing, against the male teacher.
The DBS cannot interfere with or sanction the male teacher without the school going through an investigation, and the allegation of swearing at a pupil being proven at a disciplinary hearing.
Till then, it is just an allegation by the female teacher.
aw: