Following the introduction of GDPR regulations in 2018, requesting self-disclosure of criminal records prior to receipt of an appointee’s DBS check, is no longer recommended.
- This includes:
Using a tick box on an application form
Asking applicants to complete a self disclosure form
Asking applicants about their criminal record during interviews
We recommend you review your application forms and recruitment documentation and processes to ensure you remain compliant. Any concerns please discuss with your Heads HR Consultant.
In order to ask for disclosure prior to receipt of a DBS you would need to have a separate lawful basis, other than to safeguard pupils, to be compliant with Data Protection law. However, under GDPR regulations, you are unlikely to be able to justify a separate lawful basis for requiring this information at this stage.
You are still able to effectively safeguard your pupils through a DBS check, carrying out follow up discussions and risk assessments where the check discloses any criminal convictions.
It is also important to note that if an appointee’s employment at another UK school ended less than 3 months prior to appointment, you should not conduct a new DBS check (see paragraph 136 of Keeping Children Safe in Education), unless you can justify a separate lawful basis for doing so.
https://www.gov.uk/government/publications/keeping-children-safe-in-education–2 and https://www.gov.uk/government/publications/guide-to-the-general-data-protection-regulation
