Prohibition checks are a vital process to prevent individuals with harmful backgrounds from accessing school premises. This overview examines the importance of these checks, the background to them, and best practices for building a strong safeguarding culture.

Whether you’re a school leader, classroom teacher, or office administrator, understanding prohibition checks is key to maintaining a secure and nurturing educational environment.

Let’s dive right in.

• What is a Prohibition from Teaching Check?
• What is a Prohibition Order?
• Which Members of Staff Require a Prohibition Check?
• What does the Prohibition from Teaching Check Contain?
• Is a Prohibition Check the same as an Enhanced DBS Check or a Children’s Barred List (formerly List 99)?
• Who is Responsible for the Prohibition from Teaching Lists?
• How long does a person stay on the Prohibition List?
• How Often Should You Carry Out a Prohibition Check?
• What happens if a staff member hasn't had a Prohibition Check?
• Do I need to record Prohibition Checks on my Single Central Record?

What is a Prohibition from Teaching Check?

A Prohibition Check, also called a Prohibition from Teaching Check, is a screening process. It determines if someone is suitable to work in a school.

Schools and education institutions undertake a prohibition check as required by the Keeping Children Safe in Education legislation.

Schools use this check as part of their safeguarding measures to protect students and maintain high standards within the teaching profession.

What is a Prohibition Order?

A prohibition order is a legal directive issued by the TRA. It prohibits someone from teaching in schools, colleges, youth accommodation, or children's homes in England.

Only a professional conduct panel has the authority to issue a prohibition order. They would only do so after finding a teacher guilty of serious misconduct or after a conviction for a relevant criminal offence. Prohibition orders help uphold the integrity of the teaching profession and protect students from unsuitable individuals.

Which Members of Staff Require a Prohibition Check?

Schools have a lot of different staff members, so it can be hard to know who needs a prohibition check and who doesn't.

The specific details can be found under Teachers’ Disciplinary Regulations 2012 and Keeping Children Safe in Education (KCSIE) legislation.

Staff members who require a prohibition check:

• Teaching staff
• Senior leaders
• Teaching assistants
• Cover supervisors
• Governors and trustees

While governors and trustees are not directly involved in teaching activities, it is a requirement for any person involved in policy or governance of a school to undergo a Prohibition Check. This was introduced in recent years and continues to cause confusion for many schools.

Staff members when a prohibition check is optional:

• Trainee teachers
• Supply or agency staff
• Contractors
• Volunteers

When staff members are not directly contracted to the school, it is the responsibility of their employer to ensure they have passed a prohibition check.

As long as the person isn't left alone with students, there is no requirement for a prohibition check. This applies in particular to contractors, caters, and volunteers. If they will be left alone with children, they will require a prohibition check.

When working with supply staff and trainee teachers, it is sufficient for the agency to provide written confirmation that they're qualified, certified, and have passed their prohibition check. You must keep this on record. You do not need to see or keep a copy of their prohibition check.

Staff members who do not require a check

• Administration staff

What does the Prohibition from Teaching Check Contain?

When you order a prohibition check through School SCR, we connect to the TRA's database of lists to verify the person you are checking.

The TRA's database lists people with prohibition orders and the reasons for them. We will inform you of the result.

The check helps schools make sure their staff are suitable to hire.

Is a Prohibition Check the same as an Enhanced DBS Check or a Children’s Barred List (formerly List 99)?

A Prohibition Check is not the same as an Enhanced DBS check or a Children’s Barred List check (formerly List 99). However, they all serve the purpose of ensuring safety in educational settings. Each check plays a role in maintaining a secure environment for students and staff. It is important for schools to conduct these checks regularly to prevent any potential risks.

To summarise each check:

Enhanced DBS Check

This involves checking for criminal records, as well as checking against lists like the Children's Barred List and Adult Barred List.

Children’s Barred List Check

This is a standalone check which specifically checks whether an individual is barred from working with children.

Prohibition from Teaching Check

This focuses solely on whether an individual has been prohibited from teaching due to professional misconduct or failings.

Each check reviews different aspects of a person's background, ensuring comprehensive vetting for roles in schools.

Who is Responsible for the Prohibition from Teaching Lists?

The Regulation Agency (TRA) maintains and updates the prohibition from teaching lists. The TRA is part of the Department for Education and is responsible for the regulation of teachers. This includes misconduct hearings, prohibition orders, and other serious issues.

Schools and educational institutions rely on the TRA's lists to conduct thorough background checks on their teaching staff.

How long does a person stay on the Prohibition List?

Typically, the TRA ban people on the prohibition list permanently from teaching. However, in certain situations there may be a review after a certain period. This provision would allow the person an opportunity to resume their teaching career. These decisions are at the discretion of the TRA.

In these cases, a person can ask to have the ban lifted after a certain period, usually two years. The length of time may vary depending on the severity of the offence. A panel will review the person and case, before making a decision on whether they're a risk to teaching.

How Often Should You Carry Out a Prohibition Check?

You should conduct a Prohibition Check as part of your Safer Recruitment pre-employment vetting process. This must happen before the person starts teaching.

There is no specific law on how often you should re-run prohibition checks. However, it is advisable to conduct them in certain situations to ensure best practices. Conducting prohibition checks regularly can help maintain compliance with regulations. It is important to stay vigilant and proactive in preventing prohibited activities.

Two scenarios in which it is consider best practice to recheck an individual:

Change in Employment Status

If a teacher's employment status changes, such as through a promotion or a transfer within the school or trust, it is recommended to conduct a new prohibition check. This practice helps verify that the individual remains eligible to teach in their new role.

When There Are Concerns

If there are any safeguarding concerns or allegations against a staff member, conducting an immediate prohibition check can help verify if there have been any recent updates to their status.

What happens if a staff member hasn't had a Prohibition Check?

Failing to conduct Prohibition Checks can lead to serious legal and safety consequences.

Legal and Regulatory Consequences

If schools do not perform these checks, they fail to comply with statutory safeguarding requirements. This can result in an instant inadequate judgement from Ofsted inspection.

Risk to Student Safety

Without prohibition checks, there is a significant risk of hiring individuals barred from teaching. This endangers student safety.

In summary, neglecting Prohibition from Teaching Checks exposes schools to legal penalties and endangers student safety, undermining the integrity of the educational environment.

Do I need to record Prohibition Checks on my Single Central Record?

Yes, you must record prohibition checks on your Single Central Record (SCR). It is a legal requirement for you to do so and Ofsted or the ISI will review it as part of their inspection process. This applies to all school phases and types.

Your SCR is the foundation of your school's safeguarding processes and it should record all the vetting checks undertaken on staff. This includes Prohibition from Teaching Checks.

You should include the date the check was completed, the result, and the person who conducted the check. This audit trail enables you to demonstrate that you have robust safeguarding practices in place.