FE Governance

Criminal Record Bureau Checks on Governors

 Colleges where education and training is provided mainly to students under the age of 18. 

There is currently no specific obligation to do CRB checks on governors.  However, governors ought to be subject to a CRB check, including confirmation that they are not on a barred list. This is because governors of such colleges are in a 'regulated position', meaning that it is a criminal offence for them to seek to become governors or for a person knowingly to appoint them if they have been disqualified from working with children. It will be appreciated that sixth form colleges and colleges with a significant number of 'sixth form' and key stage 4 students will fall into this category. 

When Section 13 of SVGA is brought into force, then this position will change for this category of college. There will then be a specific obligation on the ‘appropriate officer’ (to be prescribed by regulations) to undertake a CRB check on governors appointed after the section comes into force. 

Colleges where education and training is delivered to students under the age of 18, but where such education or training is not the main activity of the college 

There is no specific statutory obligation requiring colleges to subject new governors to CRB checks. It is principally a matter for the college to determine whether governors are 'responsible' for the management of those 'responsible for the education or training of students under the age of 18'. However, as part of a college's commitment to establishing a safe environment for the education and training of younger students, new governors should be deemed to be appointed to a position where a CRB check is appropriate. 

Colleges where no or very few students under the age of 18 receive education or training It is unlikely that a college of this sort will conclude that its governors have responsibility for those engaging in the education and training of under 18 year olds. Therefore, it is unlikely that a college would conclude that its governors needed to be CRB checked at the time of appointment.  

The AoC would wish to stress that conducting CRB checks forms only one part of the creation of a safer environment for children and young learners. By conducting background checks on governors and staff, a college will be able to create an environment where it is apparent to those who may wish to cause harm to children that the college is aware of child protection issues and engages in safe recruitment. Additionally, colleges are reminded that by clause 8 of the Instrument of Government: “a person shall be disqualified from holding, or from continuing to hold, office as a member if, within 5 years before his appointment would otherwise have taken effect, or since his appointment, he has been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than 3 months without the option of a fine.”