Question to the Department for Education:

To ask the Secretary of State for Education, pursuant to the Answer of 21 September 2022 to Question 48396 on Hong Kong: Foreign Nationals, where in (a) his Department's guidance entitled Keeping children safe in education 2022, published on 1 September 2022, and (b) other guidance it is stated that employers are sometimes required to obtain Certificates of No Criminal Conviction; and whether this requirement is (i) mandatory, (ii) recommended or (iii) suggested.

Keeping children safe in education (KCSIE) is statutory guidance that all schools and colleges must consider when carrying out their duties to safeguard and promote the welfare of children. Paragraphs 280-284 of this guidance set out the checks that apply to individuals who have lived or worked outside the UK.

The Department uses the terms “must” and “should” throughout this guidance. Where the term “must” is used, the person in question is legally required to do something, and where the term “should” is used, the advice set out should be followed unless there is good reason not to.

KCISE makes clear that individuals who have lived or worked outside the UK must undergo the same checks as all other staff in schools or colleges. In addition, that schools and colleges must make any ‘further checks’ they think appropriate so that any relevant events that occurred outside the UK can be considered.

KCSIE also provides information on what these ‘further checks’ could include. Where such information is not available, KCSIE is clear that schools and colleges should seek alternative methods of checking suitability and undertake a risk assessment that supports informed decision making on whether to proceed with the appointment.

Individuals seeking employment in a school or college in England are eligible and able to obtain Certificates of No Criminal Conviction from Hong Kong, which must be endorsed by a letter from a recognised education body, such as a school or college.