Engaging contractors
All employees involved in commissioning/procurement must ensure that, where applicable, all contracts and agreements are compliant with the safeguarding principles, practices and obligations on the council or school relevant to the services they are providing.
For example, service providers are required by the council to ensure relevant DBS checks are carried out on their employees. Contractual terms must require providers to give declarations that they are compliant with the appropriate recruitment and DBS referral practices for their contracted service area.
Externally provided workers (agency workers, consultants)
An agency is legally the employer of any agency workers and the responsibility to obtain a relevant check is theirs. When using staff from a supply agency, managers/ headteachers must satisfy themselves by having a written confirmation from the supplier that the appropriate pre-employment checks, including DBS checks, have been carried out.
When an agency deploys an agency worker (for example - a school or the council), the individual does not usually require a new DBS check between their placements, provided that their DBS check is at the right level for the work being carried out.
However, where an agency / casual worker, who works intermittently, has not worked for three months or more their employer must apply for a new DBS check. Alternatively, if the casual worker has registered with the DBS Update Service, a DBS status check may be undertaken.
If an agency worker changes their employer (for example - a supply teacher changes agency over the summer holidays, but wishes to continue to carry out work in the same school at the beginning of the new term) they will require a new DBS check and the manager / headteacher will need written confirmation as above.
Self-employed contractors who are engaged will be subject to the same DBS check requirements as employees. If a self-employed contractor does not have an appropriate DBS check then the council Service Centre or HR Provider may be able to facilitate this.