TA Prohibition Checks

Checks, checks and more checks – TA’s and Prohibition Checks – Are you Confused.com

 

Recently Ofsted Inspectors have made things a little confusing and gave some schools the impression that all TA’s should have a prohibition check! Panic stations!!

 

Don’t panic Mr Mannering!

 

It’s not so and here’s how the land lies now….

 

The Dfe and Ofsted have confirmed that it doesn’t apply to ALL Teaching Assistants only those who hold qualified teacher status (QTS) or who have previously worked as teachers and/or will be carrying out unsupervised/directed teaching work.

 

So, if your TA’s teach, get them checked – and make sure they are paid correctly!!

 

If you carry out a check and your TA is prohibited from teaching this doesn’t necessarily prevent them from being a TA. If in doubt, seek HR advice.

 

Some helpful guidance can be found here:

www.gov.uk/government/publications/teacher-misconduct-the-prohibition-of-teachers–3.

www.gov.uk/government/collections/teacher-misconduct

 

Whilst I’ve got you here’s a quick overview on the checks that you MUST have as part of your Single Central Register:

 

Identity

Enhanced DBS with barred list check (where applicable)

Right to work

Oversees checks (Certificate of good conduct)

Qualifications

Section 128 (for Academies and Free Schools)

EEA Sanctions

 

Point to note: References and medical checks are not statutorily required on a SCR but are often found on it as common practice.

 

Medical checks are to ensure that potential employees have the mental and physical fitness to carry out their work in relation to their specific role (see paragraph 102 of Keeping Children Safe in Education) it is not an opportunity to get their full medical history. Be careful of the checks you use that they do not fall foul of Data Protection Law!

 

It doesn’t have to be a minefield out there! If you are unsure about any of this or just want to sense check your thoughts, give us a call.