Criminal Convictions

[Guest]

A member of staff is being investigated for earning over the threshold for carers allowance (her son is disabled), she has to attend an interview under caution and then will know what will happen next. She has been very honest with us and explained everything, what I want to know is, if she is convicted of benefit fraud will we have to dissmiss her.

 

Thanks in advance

[Upsy Daisy]

Gosh that's a good question.

 

Does it say anything in the EYFS statutory framework?

 

I thought it was up to providers to judge if their staff are suitable to work with children.

 

Would you say this made her unsuitable? I don't think I would.

[Guest]

Gosh that's a good question.

 

Does it say anything in the EYFS statutory framework?

 

I thought it was up to providers to judge if their staff are suitable to work with children.

 

Would you say this made her unsuitable? I don't think I would.

 

Thanks Upsy Daisy, have read and re read the eyfs cant find anything, I suppose this will be a decision for the committee perhaps, I am going to phone Ofsted tomorrow to see if they can advise us.

[Rea]

There is something that tells you what kind of criminal convictions count towards being unable to work with children. I doubt this will be one of those things that are held against her though. I recall being told if a conviction was to show on a CRB, if it was for a theft maybe that wuldnt necessarily be enough to prevent the person working with children.

Just wish I could remember where I read it or who told me

[Susan]

Shouldnt you wait for the outcome?

[finleysmaid]

i would suggest you ring your crb company rather than ofsted as you have no definate outcome for them yet. It is unlikely IMO that you will have to sack her for this offence (unlikely too that she will be prosecuted as long as she does what she's told!) I have had a member of staff before who told me of a previous conviction but as nothing relevant it did not come up on the crb.

[JacquieL]

Oh dear poor woman. I think you will need to see what the outcome of this is and what action is taken. If she is earning over £100 per week after stoppages then she cannot claim Carer's Allowance I'm afraid. My personal view would be that even if this is disclosed on a CRB it is nothing that is likely to affect her ability to work safely with children.

[Guest]

Shouldnt you wait for the outcome?

 

Absolutely, the member of staff herself has asked me to look into it, she is beside herself with worry, so wanted one less thing ie her job to worry about.

[Guest]

Thanks everyone, you have been very helpful, I will pass on the information.

[Beau]

Sample Policy on the Recruitment of Ex-Offenders

 

This may help you, it is specifically designed for the recruitment process but the same 'courtesy' has to also include existing members of staff.