The Department for Education and Skills advises, but does not insist, that checks should be made on: the identity of the candidate, academic qualifications, professional and character references, and employment history.

Any convictions, cautions or bind-overs, including any that might be regarded as “spent” under the Rehabilitation of Offenders Act 1974, should be declared by the applicant for the post.

If the person is a UK resident, the school should ask them to apply to the CRB for verification of the declaration. The school cannot apply itself. The information is only provided to the candidate and the registered body, that is, the local education authority or school. The CRB will check the police national computer, List 99, and the Protection of Children Act List.

There is no legal compulsion on the candidate to make a declaration. But governing bodies would be ill-advised to recommend any appointment in such circumstances, and LEAs, where they are the relevant body, would not be likely to confirm the appointment of such a candidate.

Local education authorities and governing bodies are legally obliged to check List 99 for people who have been barred or restricted by the Secretary of State.

Employers of teachers in maintained and non-maintained special schools must also contact the General Teaching Council to see whether there are any restrictions against the teacher.

Similar checks should be made on overseas employees. Schools and agencies usually ask the applicants to apply to their home police force for a certificate of good conduct.

The applicant would be liable for any fraudulent declaration. The CRB is liable for making the checks accurately, and the employer (LEA, governing body, or proprietor of an independent school) would be liable for any negligence in its part of the process, and its actions following the checks.