REFERRAL POLICY – OUR DUTY TO REFER
This policy will be reviewed every 12 months.
Renewal date: 21.09.2020
Bridge Education understand that if there is an allegation made against one of our Candidates, that is in any way connected to the risk of harm, or actual harm to a child, a referral should be made to the Disclosure and Barring Service. If a safeguarding issue also involves misconduct by a teacher, a referral should be made to both the DBS and TRA. TRA and the DBS will consider the misconduct and safeguarding aspects of the case respectively and in parallel.
As a personnel supplier of people working in regulated activity in England, Wales and Northern Ireland), Bridge Education have a legal duty to refer to DBS where conditions are met. This applies even when a referral has also been made to a local authority safeguarding team or professional regulator.
“A personnel supplier may be an employment agency, employment business or an educational institution and are described as:
- an employment agency that makes arrangements to either find a work-seeker employment with a hirer or to supply him to a hirer to employ
- an employment business that engages a work-seeker and supplies him to a hirer to work under a hirer’s control
- an educational institution if it makes arrangements to supply a student following a course at the institution to a regulated activity provider such as a school.”
It is our legal duty to refer if the following two conditions have been met:
- we withdraw permission for a person to engage in regulated activity with children and/or vulnerable adults. Or we move the person to another area of work that isn’t regulated activity.
Condition 2: We think the person has carried out 1 of the following:
- engaged in relevant conduct in relation to children and/or adults. An action or inaction has harmed a child or vulnerable adult or put them at risk or harm or;
- satisfied the harm test in relation to children and / or vulnerable adults. e.g. there has been no relevant conduct but a risk of harm to a child or vulnerable still exists, or
- been cautioned or convicted of a relevant (automatic barring either with or without the right to make representations ) offence.
Relevant conduct in relation to children:
A child is a person under 18 years of age.
Relevant conduct is:
- endangers a child or is likely to endanger a child
- if repeated against or in relation to a child would endanger the child or be likely to endanger the child
- involves sexual material relating to children (including possession of such material)
- involves sexually explicit images depicting violence against human beings (including possession of such images)
- is of a sexual nature involving a child
A person’s conduct endangers a child if they:
- harm a child
- cause a child to be harmed
- put a child at risk of harm
- attempt to harm a child
- incite another to harm a child
Where there is evidence that anyone has harmed, or poses a risk of harm, to a child or vulnerable adult, there is a legal duty on Bridge Education to report that person to the Disclosure and Barring Service using their guidance available here https://www.gov.uk/guidance/making-barring-referrals-to-the-dbs.
At Bridge Education we understand that the legal duty to provide prescribed information may apply whether we have made a referral to the DBS or not. As part of the process to decide if an individual should be placed on a barred list, any information in our referral may be used by the DBS and could be disclosed to the referred person or other parties. We have a copy of the DBS referral form available on our company shared drive.
Anyone who is concerned about a child’s or vulnerable adult’s welfare or who believe that a child or vulnerable adult may be at risk of abuse should pass any information to the DBS or other appropriate authority as soon as possible and no longer than 24 hours after the initial concern.