17. Safer recruitment |
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AMENDMENT:
In April 2011, Paragraph 17.1.29: Starting work without a disclosure was amended.
Contents
17.1 |
Safer recruitment and selection, and the management of adults who work with children |
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17.1.1 |
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17.1.5 |
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17.1.6 |
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17.1.12 |
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17.1.16 |
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17.1.17 |
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17.1.21 |
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17.1.24 |
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17.1.35 |
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17.2 |
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17.2.6 |
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17.1 |
Safer recruitment and selection, and the management of adults who work with children |
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17.1.1 |
All organisations which employ staff or volunteers to work with children should adopt a consistent and thorough process of safe recruitment in order to ensure that those recruited are suitable. |
17.1.2 |
These procedures comply with the safe recruitment recommendations of the Bichard Inquiry, 2004, but they do not cover all issues relating to safe recruitment and employment issues. Local Safeguarding Children Boards (LSCBs) should, therefore, help and encourage all of their member organisations to implement safe recruitment and selection practices by providing access to relevant government guidance, examples of good practice guidance, and model policies and procedures where needed. |
17.1.3 |
Safe recruitment practice should include those persons who may not have direct contact with children, but because of their presence will still be seen as safe and trustworthy. The principles of safe recruitment should, therefore, be included in the terms of any contract drawn up between the organisation and contractors or agencies that provide services for, or adults to work with, children for whom the organisation is responsible. The organisation should monitor compliance with the contract which should also include a requirement that the provider will not sub-contract to any personnel who have not been part of a safe recruitment process. |
17.1.4 |
Schools and other education settings should also refer to Safeguarding Children and Safer Recruitment in Education (DfES 2006), available at www.teachernet.gov.uk. This is a consolidated version of earlier guidance material for education settings and covers recruitment and selection processes, recruitment and vetting checks, and duties for safeguarding and promoting the welfare of children. The Department for Education (DfE) has recommended that all schools, including non-maintained schools, independent schools, and academies, further education institutions, and local authorities exercising education functions, should use this guidance to review and, where appropriate, modify their practice and procedures for safeguarding children and dealing with allegations of abuse made against teachers and education staff (see section 15. Allegations against staff). |
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17.1.5 |
All organisations involved in the selection of adults to work with children should ensure that designated staff undertake safer recruitment training as offered by the LSCB's training programme, and other training specific to their organisation where available (e.g. National College of School Leadership online training for local authority designated staff, head teachers and governors). The LSCB should monitor the take up of such training to ensure that all organisations have appropriately trained staff involved in their recruitment processes. See section 16. Supervision and training. |
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17.1.6 |
Organisations should demonstrate their commitment to safeguarding and protecting children by ensuring that all recruitment advertising material contains a policy statement to this effect. |
17.1.7 |
All information given to the interested applicant should highlight the importance placed by the organisation on rigorous selection processes. |
17.1.8 |
The information should stress that the identity of the candidate, if successful, will need to be checked thoroughly, and that where a Criminal Records Bureau (CRB) check is appropriate the person will be required to complete an application for a CRB disclosure straight away (see 17.1. 24 Criminal record checks). |
17.1.9 |
The job description should clearly set out the extent of the relationship with, and the degree of responsibility for, children with whom the person will have contact. |
17.1.10 |
The person specification should explain:
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17.1.11 |
The application form should ask for:
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17.1.12 |
The application form should request both professional and character references, one of which should be from the applicant's current or most recent employer. Additional references may be asked for where appropriate. For example, where the applicant is not currently working with children, but has done so in the past, a reference from that employer should be asked for in addition to that from the current or most recent employer if this is different. |
17.1.13 |
Wherever possible references should be obtained prior to the interview so that any issues of concern raised by the reference can be explored further with the referee and taken up with the candidate during interview. |
17.1.14 |
References should contain objective verifiable information and in order to achieve this, a reference pro-forma with questions relating to the candidate's suitability to work with children should be provided. |
17.1.15 |
The referee should be asked to confirm whether the applicant has been the subject of any disciplinary sanctions and whether the applicant has had any allegations made against him / her or concerns raised which relate to either the safety or welfare of children and young people or about the applicant's behaviour towards children or young people. Details about the outcome of any concerns or allegations should be sought. |
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17.1.16 |
If the applicant claims to have specific qualifications or experience relevant to working with children which may not be verified by a reference, the facts should be verified by making contact with the relevant body or previous employer and any discrepancy explored during the interview. |
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17.1.17 |
There are standard procedures for short listing to ensure that the best candidates are selected fairly. All applicants should be assessed equally against the criteria contained in the person specification without exception or variation. |
17.1.18 |
Safer recruitment means that all applications should additionally be:
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17.1.19 |
All candidates should bring with them to interview documentary evidence of their identity, either a full birth certificate, passport or photocard driving licence and additionally a document such as a utility bill that verifies the candidates name and address. Where appropriate, change of name documentation must also be brought to the interview. |
17.1.20 |
Candidates should also be asked to bring original or certified copies of documents confirming any necessary or relevant educational and professional qualifications. If the successful candidate cannot produce original documents or certified copies written confirmation of his / her relevant qualifications must be obtained from the awarding body. |
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17.1.21 |
Questions should be set which test the candidate's specific skills and abilities to carry out the job applied for. |
17.1.22 |
The candidate's attitude toward children and young people in general should be tested and also their commitment to safeguarding and promoting the welfare of children in particular. At least one member of the interview panel should be trained in how best this can be done. |
17.1.23 |
Any gaps and changes in employment history should be fully explored during the interview, as should any discrepancies arising from information supplied by the candidate or by the referee. |
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17.1.24 |
When a provisional decision to offer a candidate a position working with children or vulnerable adults is made, employers must make it clear that appointment is conditional on a satisfactory criminal record check. Employers are only legally entitled to request a CRB check in cases where a position is exempt under the Exceptions Order to the Rehabilitation of Offenders Act 1974. |
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17.1.25 |
The Criminal Records Bureau (CRB) acts as a 'one-stop-shop' for organisations, checking police records. It provides two levels of disclosure - standard and enhanced:
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17.1.26 |
A CRB check can provide information:
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17.1.27 |
Enhanced CRB checks contain the same information as the Standard disclosure but with the addition of:
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17.1.28 |
Standard and Enhanced disclosure information can be extremely sensitive and personal, the CRB has published a Code of Practice and employers' guidance for recipients of Disclosures to ensure they are handled fairly and used properly. |
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17.1.29 |
Amended April 2011: This paragraph was amended. Previous paragraph: It is illegal to appoint a candidate to a position where a CRB check is required (a regulated position) until the outcome of the check has been received. New paragraph: When appointing to a position where a CRB check is required (a regulated position), it is good practice to obtain the disclosure before an individual begins work. It must in any case be obtained as soon as practicable after the individual’s appointment and the request for a CRB disclosure should be submitted in advance of the individual starting work. Employers have discretion to allow an individual to begin work pending receipt of the CRB disclosure but should ensure that the individual is appropriately supervised and that all other checks, including the Children’s List (previously List 99 / PoCA), have been completed. |
17.1.30 |
The Criminal Justice and Court Services Act 2000 makes it a criminal offence for anyone to seek or accept work in a regulated position knowing that they are barred from working with children; and for an employer to offer work to, or employ a person in a regulated position knowing that the person is barred from working with children. |
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17.1.31 |
Employers will also need to carry out criminal record checks when recruiting staff from abroad. Where the position meets the criteria for a disclosure, even if the applicant claims they have never lived in the UK before, a CRB disclosure should still be obtained in addition to the individual's overseas criminal records. |
17.1.32 |
All overseas police checks must be in accordance with that country's justice system and UK requirements. See the CRB website www.crb.gov.uk for guidance on how to access information from a list of countries. |
17.1.33 |
Some foreign embassies and high commissions in the UK initiate requests on behalf of applicants and liaise with the relevant issuing authority abroad. In cases where candidates have to apply to the issuing authority directly, the relevant UK-based embassy or high commission may still be able to provide advice on what to expect. If there is any doubt about the record produced, they may also be able to authenticate the search results. Further guidance can be found on the Security Industry Authority (SIA) website at www.the-sia.org.uk If the country is not listed on the CRB or SIA website, the country's representative in the UK could be contacted, see the Foreign and Commonwealth website at: www.fco.gov.uk. |
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17.1.35 |
An offer of appointment should be conditional upon pre-employment checks being satisfactorily completed, including:
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17.1.36 |
All checks should be confirmed in writing and retained on the candidate's personnel file, together with photocopies of and documents used to verify his / her identity and qualifications. Under CRB regulations, CRB disclosures can usually only be kept for 6 months, but a record should be kept of the date the disclosure was obtained and who by, the level of the disclosure and the unique reference number. |
17.1.37 |
A record should be kept of evidence to show that such checks have been carried out in respect of supply staff and volunteers whether recruited directly or through an agency. |
17.1.38 |
Satisfactory references must be kept on the candidates personnel file or, in the case of supply staff or volunteers not recruited through an agency, on a central record within the organisation. |
17.1.39 |
Where information gained by the employer from either references or other checks calls into question the candidate's suitability to work with children, or where the candidate has provided false information in support of the application the facts should be reported to the police and/or the Independent Safeguarding Authority: www.isa-gov.org.uk. See also section 15.7.3 Independent Safeguarding Authority. |
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17.2 |
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17.2.1 |
The induction of all newly appointed staff should include an introduction to the organisation's child protection policies and procedures. This should include being made aware of the identity and specific responsibilities of those staff with designated safeguarding responsibilities. |
17.2.2 |
New staff members should be provided with information about safe practice and given a full explanation of their role and responsibilities and the standard of conduct and behaviour expected. |
17.2.3 |
They should also be made aware of the organisation's personnel procedures relating to disciplinary issues and the relevant whistle blowing policy. |
17.2.4 |
The programme of induction should also include attendance at child protection training at a level appropriate to the member of staff's work with children. |
17.2.5 |
Senior managers should ensure that their staff are adequately and appropriately supervised and that they have ready access to advice, expertise and management support in all matters relating to safeguarding and child protection. |
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17.2.6 |
Any concerns that arise through the process of continuing supervision, which call into question the person's suitability to work with children, should be managed according to local procedures such as capability, disciplinary and / or the procedures for the management of allegations against staff (including volunteers) as outlined in section 15. Allegations against staff. |
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