Frequently asked questions

Is it illegal to ask an employee for a DBS check if it is not actually necessary?

Yes, under the Rehabilitation of Offenders Act 1974, a person with a criminal record is not required to disclose any spent convictions unless the position they are applying for, or are currently Read more >

Which jobs/roles require a DBS check?

Under the terms of the Protection of Freedoms Act 2012 only employees who regularly have unsupervised contact with children (that is, under 18s) who are undertaking a regulated activity are required Read more >

Can school staff search a pupil?

Tags: Safeguarding

Section 45 of the Violent Crime Reduction Act, 2006, gives schools the powers to screen any pupil for a knife or other weapon without suspicion or consent. They can also search a pupil with or Read more >

Can school staff use face down prone restraint?

Tags: Safeguarding

In March 2005, the Welsh Assembly Government published guidance document: Framework for Restrictive Physical Intervention Policy and Practice. Read more >

Can school staff use force to control a pupil?

Tags: Safeguarding

Under Section 93 of the Education and Inspections Act 2006 all school staff have a legal power to use reasonable force to prevent pupils from: • committing a criminal offence • injuring Read more >

What does time out and seclusion mean?

Tags: Safeguarding

Policies on restrictive physical interventions should include reference to the following: The distinction between: • Seclusion where a pupil is forced to spend time alone against their will • Read more >

When inspecting safe recruitment what does Estyn look for?

Tags: Safeguarding

The answer to this question will vary according to the sector being inspected, as Estyn’s statutory duties and powers vary across these. Read more >

How does Estyn respond to complaints about providers if it has a safeguarding element?

If Estyn receives a complaint relating to an individual child that indicates safeguarding issues, or about a possible abuser, this will be referred immediately to Estyn’s safeguarding officer. Read more >

What is Estyn's role in safeguarding children and vulnerable adults?

Tags: Safeguarding

Estyn’s inspection obligations in independent and maintained schools is to report on the contribution made by the school to the wellbeing of pupils. Read more >

What sort of safeguarding training should education staff receive?

Tags: Safeguarding

The level and content to safeguarding training is the prerogative of the LSCB following generic guidance in the all Wales safeguarding etc. Read more >