Hi,

I am a HR Officer within Education for the Local Authority. We are due an OFSTED inspection at some point when we return after the summer break and I am looking at updating our single central record that details all employees past/present DBS information. 

Can anybody advise with regards to the single central record, should this detail only existing employees information or all past employees too? I would think it is only existing employees from a data protection angle but any advice would be great from a good practice point of view and to ensure that this would not make the OFSTED inspection go to a lower grade.

Thanks for any help received,

Lisa

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Replies

  • Hi Lisa

    I have a client who is a Nursery and they have just had their OFSTED inspection.  At the previous OFSTED inspection they were told that they should destroy the DBS checks once they had been checked.  I am assuming that this is because one of the 8 Data Protection Principles (the 5th data protection principle) is that personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.  So in the case of a DBS check once it has been used to confirm that the individual is OK to work that it no longer need to be kept.  However at the most recent OFSTED she was told that she should retain proof of the DBS checks for exisiting employees.

    In terms of your specific question, I would think that only DBS checks for existing employees should be retained, but if I wanted to show I had done my homework when inspected I would contact the Information Commissioners Office (they are responsible for enforcing the Data Protection Legislation) and ask them.  It it is a free helpline and they are really helpful and explain things in a straightforward manner.  Their number is 0303 123 1113.  At least this way when OFSTED check you can demonstrate that you have sought advice from the ICO and acted in line with it.

    I hope this helps and good luck with your inspection!

    Let us all know how you get on.

    Sarah

    • Hi Sarah,

      Thanks for replying, all the information you provide is very useful and I will definitely call the ICO tomorrow to ask for advice.

      I did think that it would only only apply to current and existing staff but we have details of all staff who have ever worked at our school which I know should not be the case. I am now responsible for this after taking over from a staff member who has left so want to make sure it is all correct and only holds the information it should.

      Thanks again for all your help and I will let you know what happens when they visit,

      Kind regards,

      Lisa x

      • That's great Lisa glad the Community pages could help that's exactly what they are here for :-) Good luck and I hope your inspection is a success!<br />
        <br />
        Sarah
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