The minimum standards for the safer recruitment of employees (and volunteers) working with children, young people and vulnerable adults in BC have been agreed by the Corporate Management Team (CMT) and are continually updated to comply with statutory requirements and HR recruitment policies.

Recruitment agencies and other external third party providers delivering services to children, young people and adults in vulnerable situations on behalf of BC (including voluntary organisations) must meet the same standards as set out in this section.

Alongside these minimum standards, some services may have additional requirements. Managers in those services should make sure that any additional requirements are understood and complied with alongside the minimum standards.

Safer Recruitment Pre-employment Vetting Checks 

1. Disclosure and Barring Service (DBS) Checks

For information about DBS checks, please visit Overview and how to apply | SchoolsWeb

2. Childcare Disqualification Regulations

Relevant staff members (and volunteers) are required to confirm that they are not “disqualified” under the terms of these Regulations. Further information is available here: Childcare disqualification regulations | SchoolsWeb

3. Teaching Regulation Agency (TRA) Checks

For information about TRA checks, please visit Teaching Regulation Agency Checks | SchoolsWeb

4. Section 128 (of the Education and Skills Act 2008) Checks

For information about Section 128, please visit Section 128 Barring Direction Check | SchoolsWeb

5. Overseas checks

For information about Overseas Police check, please visit Applicants who have lived abroad | SchoolsWeb

6. Qualifications

Where professional or minimum qualifications are required, original certificates must be witnessed, photocopied and signed as evidenced. Registration with professional bodies should be confirmed. Evidence must be forwarded to HR and kept on HR recruitment or local files as relevant.

7. Identity

A Recruiting Manager must provide HR with confirmation that appropriate identity checks have been carried out so any verification can be recorded on an HR or local file as appropriate (original documentation should be witnessed, photocopied and signed as evidenced).

8. Right to work in the UK/Asylum and Immigration Checks

Evidence of “proof of right to work in the UK” must be confirmed for each employee before the start date and then photocopied and signed as evidenced and forwarded to HR (or any HR provider used by a school) for retention on an HR or local recruitment file. Confirmation of “proof of right to work in the UK” is a legal requirement for all employees. 

For more information, please visit Proof of right to work checks for new starters | SchoolsWeb

9. References

A minimum of two written references should be obtained prior to interview, which must include the existing or most recent employer for regulated activity, covering a minimum period of 5 continuous years.

• Take more than 2 references if necessary.
• Permission must be sought from the applicant before taking up references
• All references will be requested in advance of an interview unless permission is expressly refused.
• Copies of references, unsolicited references, and/or ‘to whom it may concern’ references must not be accepted.
• Use the reference template. Be clear about required timescales. Attach the job summary
• References should be sought directly from the referee and received prior to interview wherever possible to allow opportunity for any follow-up questions when needed.
• Referees must be asked to comment on the applicant’s suitability to work with the at-risk group in question and for details of any concerns or allegations made against them and any disciplinary records on file. (Other than where allegations are false, malicious, unsubstantiated, or unfounded, the outcome should be made clear when providing references to prospective employers).
• If employers refuse to complete the template or provide minimal references, ask the candidate to provide additional names of former line managers who can provide referees in a personal capacity.
• Where written references have not been received, a verbal reference should be obtained, using the same reference template, and every effort made to get the referee to provide written confirmation about dates of employment.
• A written reference from the most current employer or place of education is a legal requirement for all roles in regulated activity, i.e. subject to an enhanced DBS check.
• If references are not available due to a previous employer no longer in business or a long gap in employment, character references can be taken up as a last resort and should be from someone with a professional standing who is not related in any way to the applicant.
• References for people working in regulated settings such as schools should be verified directly with the named referee, who is normally the head teacher or chair of governors.
• Verify references by phone with the reference provider to check that they have personally provided the reference.

Reference template is available here: Forms and Templates | SchoolsWeb

10. Application forms/CVs

Schools and colleges should require applicants to provide:

• personal details, current and former names, current address and national insurance number
• details of their present (or last) employment and reason for leaving
• full employment history (since leaving school, including education, employment and voluntary work) including reasons for any gaps in employment
• qualifications, the awarding body and date of award
• details of referees/references (see below for further information), and
• a statement of the personal qualities and experience that the applicant believes are relevant to their suitability for the post advertised and how they meet the person specification.

Schools and colleges should only accept copies of a curriculum vitae alongside an application form. A curriculum vitae on its own will not provide adequate information

11. Undertaking online searches for shortlisted candidates 

Under Keeping Children Safe in Education (KCSIE), schools should consider carrying out an online search on shortlisted candidates as part of their due diligence. 

The search aims to identify publicly available information that may raise safeguarding, conduct, or suitability concerns relevant to working with children that should be explored at interview. 

Suggested Process for Online Searches

Inform candidates
Make it clear in your recruitment documentation and invitation to interview that online searches may be undertaken as part of the safer recruitment process.

Conduct the search after shortlisting
Searches should only be carried out on candidates who have been shortlisted for interview.

Use an online search engine
Search the candidate's full name and any previous names disclosed on their application.
Consider adding relevant information to refine the search, such as their profession, current employer, or location. You can also use the terms ‘Monica Brown crown court’ or ‘Monica Brown convicted’

Review publicly available information only
Do not attempt to access private accounts or information that is not publicly available.
Focus on safeguarding and suitability concerns rather than personal lifestyle choices. 

Avoid considering protected characteristics
Information relating to age, disability, race, religion, sex, sexual orientation, pregnancy, gender reassignment, marriage or civil partnership should not influence recruitment decisions. 

Record the outcome
Keep a record of: 

• Candidate's name 
• Date of search
• Person conducting the search
• Outcome (No concerns identified / Concerns identified)
• Any actions taken or matters discussed at interview. 

Discuss concerns with the candidate
If relevant information is found, give the candidate an opportunity to explain it during the interview process before any decision is made. 

Example Record

 12. Selection Interviews

 Schools and colleges should use a range of selection techniques to identify the most suitable person for the post. Those interviewing should agree structured questions. These should include:

• finding out what attracted the candidate to the post being applied for and their motivation for working with children
• exploring their skills and asking for examples of experience of working with children which are relevant to the role, and
• probing any gaps in employment or where the candidate has changed employment or location frequently, asking about the reasons for this.

The interviews should be used to explore potential areas of concern and to determine the applicant’s suitability to work with children. Areas that may be concerning and lead to further probing include:

• implication that adults and children are equal
• lack of recognition and/or understanding of the vulnerability of children
• inappropriate idealisation of children
• inadequate understanding of appropriate boundaries between adults and children, and
• indicators of negative safeguarding behaviours.

Contract of Employment

Where required for a job role (and using statutory eligibility requirements), a contractual requirement for a DBS Check will be clarified as part of any job specification at the outset of a recruitment process as well as at any subsequent selection stage as deemed necessary.

There is a contractual requirement (whether explicitly stated or not - e.g. including a relevant volunteer) for any employee or other person employed or working in a job role where a DBS Check is required to notify the headteacher immediately of any criminal matter or police investigation involving that employee or person arising whilst in employment or work.

HR Records and Personnel Files

Relevant HR Recruitment Files (held centrally, locally or electronically) must include confirmation that all relevant pre-employment documentation and vetting checks detailed above have been undertaken and completed and that all the information obtained has been thoroughly assessed prior to formal clearance.  

STARTING WORK PRIOR TO RECEIPT OF A DBS DISCLOSURE AND “POSITIVE” DBS DISCLOSURES

1. Commencing employment before receipt of a DBS Certificate Disclosure

For more information, please visit Starting Work Without a DBS Check (pre-employment risk assessment) | SchoolsWeb

2. A “positive” DBS Check is one which contains criminal information as notified by the DBS.

For more information, please visit What a 'positive' check means | SchoolsWeb

COMPLEX SAFER EMPLOYMENT ISSUES ARISING AMONGST EXISTING STAFF

Any “complex” safer employment issues arising amongst existing staff (e.g. because of new information on a DBS Recheck or because an employee discloses involvement with a current police investigation) must be referred to a relevant Service Director or Head Teacher.   A Service Director or Head Teacher can then discuss the case with a senior officer in the Safeguarding in Employment team before agreeing an appropriate course of action.  In very difficult circumstances, a case should be referred to the Special Panel for dealing with complex positive disclosures/recruitment decisions (see paragraph 4 (c) in the previous section).