Practice Guidance

Safer Recruitment Guidance

1.Introduction

This guidance sets a minimum standard for safer recruitment good practice.

1.1 All organisations that employ adults or volunteers to work with children should adopt a consistent and thorough process of safer recruitment in order to ensure those recruited are suitable. This document is intended to compliment not replace existing organisational procedures and is good practice safer recruitment guidance.

1.2 Everyone involved in the provision of children and young people’s services share an objective to help keep them safe by contributing to:

The provision of a safe environment for children and young people in all settings
Identifying children and young people who are suffering or likely to suffer harm, and taking appropriate action with the aim of ensuring they are kept safe.

1.3 Achieving this objective requires the development, implementation and ongoing monitoring of systems designed to:

Prevent unsuitable people from working with children and young people;
Promote safe practice and challenge poor and unsafe practice;
Identify instances in which there are grounds for concern about a child’s welfare, and initiate or take appropriate action to keep them safe; and
Contribute to effective partnership working between all those involved with providing services for children and young people.

1.4 The impetus for developing safer employment practices resulted from the tragic Soham Murders case and the subsequent Bichard Inquiry Report and Recommendations. The principles of safer employment and, in particular, Safer Recruitment are applicable to all settings in which children and young people are offered and receive services. This includes all settings in which children and young people are cared for, trained, supervised and in some cases employed.

“For those agencies whose job it is to protect children and vulnerable people, the harsh reality is that if a sufficiently devious person is determined to seek out opportunities to work their evil, no one can guarantee that they will be stopped. Our task is to make it as difficult as possible for them to succeed...” Sir Michael Bichard, Bichard Inquiry Report, 2004, p 12, para 79.

1.5 Safer recruitment is an integral part of safeguarding and promoting the welfare of children and young people, a key part of the government’s strategy as set out in Every Child Matters (ECM). Staying Safe is one of the five outcomes for children, which is underpinned by a number of provisions.

1.6 Working Together to Safeguard Children (HM Government, April 2006) states that “all agencies and individuals should aim to proactively safeguard and promote the welfare of children so that the need for action to protect children from harm is reduced”.

1.7 Safer recruitment practice should include those persons who may not have direct contact with children. The Safer Recruitment guidance is based on the principles of safeguarding and promoting the welfare of children and young people. The emphasis of the guidance is on creating a culture of vigilance and deterring people who are deemed unsuitable to work with children and young people to gain access to the workforce. Every stage of the safer recruitment procedure is structured to act as a barrier which seeks to protect children and vulnerable people from harm.

1.8 In order to create safe environments for children and young people, it is important that organisations that provide services to children and young people ensure that they incorporate recruitment and selection measures that help deter, reject or identify people who might abuse children and young people or are unsuited to work with them.

1.9 The principles of safer recruitment should be included in the terms of any commissioning agreement with any provider or contractor that provides services for, or adults to work with, children for whom the organisation is responsible. The commissioner of services should monitor compliance with the contract, which should include a requirement that the provider will not sub-contract to any personnel who have not been part of a safer recruitment process.

1.10 The following sections provide a step by step guide to safer recruitment and contain model policies, templates and additional information to enable employers to implement safer recruitment within their organisations with minimum effort.

1.11

Terminology

Throughout this document the following terminology shall be taken to mean:

Organisation: Employers, voluntary organisations, schools, stakeholders, agencies, partner organisations.

Employee: An individual who is in paid employment whose duties involve working directly with children and young people or requires them to undertake regulated activity or work in a regulated setting.

Volunteer: An individual or any group of individuals who perform an activity which involves spending time, unpaid (except for travel and other out-of-pocket expenses), doing something which aims to benefit a third party, i.e. someone (individuals or groups) other than or in addition to close relatives.”

Top

2. Safeguarding and Employment Legislation & Guidance

2.1 Summarised below are key pieces of legislation relating to safeguarding children and vulnerable adults and safer recruitment; as well as generic recruitment and employment.

Children Act 2004:

2.2 Section 10: places a duty on each local authority to make arrangements with relevant agencies to co-operate to improve the wellbeing of children.

2.3 Section 11: gives a range of organisations, including LAs, the police and health services, the duty to ensure that their functions are discharged with regard to the need to safeguard and promote the welfare of children.

Safeguarding Vulnerable Groups Act 2006:

Provides the legislative framework for the introduction of a new vetting and barring scheme for those working with children and vulnerable adults. The scheme is the Government’s response to Recommendation 19 of the Bichard Inquiry, 2004:

“New arrangements should be introduced requiring those who wish to work with children, or vulnerable adults, to be registered. This register – perhaps supported by a card or licence – would confirm that there is no known reason why an individual should not work with these client groups.”

2.5 The primary aim of the scheme is to bar individuals from working in situations where evidence suggests that they present a risk of harm, to children or vulnerable adults.

2.6 The Independent Safeguarding Authority (ISA) is to launch a new Vetting and Barring scheme in October 2009.

Education Act 2002:

2.7 Section 175: places a duty on local authorities, maintained schools, further education institutions, including sixth form colleges, to carry out their function with a view to safeguarding and promoting the welfare of children and young people.

2.8 Section 157: places the same duty on independent schools, including academies and technical colleges.

Rehabilitation of Offenders Act 1974 ((Exceptions) Order 1975 as amended):

2.9 Makes certain regulated activity (i.e. work with children) exempt from the ROA and therefore requires an individual to be subject to and Enhanced Criminal Records Bureau Disclosure checks.

Working Together to Safeguard Children 2006:

2.10 States that ‘all agencies and individuals should aim to proactively safeguard and promote the welfare of children so that the need for action to protect children from harm is reduced.’

The Every Child Matters: Change for Children, 2004:

2.11 Sets out the national framework for change programmes to build services around the needs of children and young people so that we maximise opportunity and minimise risk. It highlights five outcomes that are key to the wellbeing of children and young people all of which are underpinned by the Children Act 2004.

Stay Safe
Be Healthy
Enjoy and Achieve
Make a Positive Contribution
Achieve Economic Wellbeing

The Equality Act 2006:

2.12 On 6^th April 2007, the Gender Equality Duty came into force. Gender Equality aims to promote equal opportunities between men and women, including transgender people, and to eliminate discrimination and harassment.

The Equality Act 2006 amends the Sex Discrimination Act to place a statutory general duty on employers when carrying out their functions to have due regard to the need:

- To eliminate unlawful discrimination and harassment

- To promote equality of opportunity between men and women

Sex Discrimination Act 1975 and 1986:

2.14 This Act makes it unlawful to discriminate directly or indirectly on the grounds of sex or marital status or requirements or conditions which have a disproportionately disadvantageous effect on people of a particular sex or marital status, where these cannot be justified.

The Race Relations Act 1976:

2.15 This Act makes it unlawful to discriminate directly or indirectly on the grounds of colour, race, nationality (including citizenship), ethnic or national origin, or to apply requirement or conditions which have a disproportionately disadvantageous effect on people of a particular racial group, and which cannot be justified on non-racial grounds.

Employment Equality (Religion or Belief) Regulations 2003:

2.16 The Employment Equality (Religion or Belief) Regulations make it unlawful to discriminate against workers because of religion or any religion, religious belief or similar philosophical belief. These Regulations apply to vocational training and all facets of employment, including recruitment, terms and conditions, promotions, transfers, dismissals and training. They make it unlawful on the grounds of religion or belief to:

Discriminate directly against anyone. That is, to treat them less favourably than others because of their religion or belief.
Discriminate indirectly against anyone. That is, to apply a criterion, provision or practice which disadvantages people of a particular religion or belief unless it can be objectively justified.
Subject someone to harassment. Harassment is unwanted conduct that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment having regard to all the circumstances and the perception of the victim.
Victimise someone because they have made or intend to make a complaint or allegation or have given or intend to give evidence in relation to a complaint of discrimination on the grounds of religion or belief.
Discriminate or harass someone in certain circumstances after the working relationship has ended.

2.17 Exceptions may be made in very limited circumstances if there is a genuine occupational requirement for the worker to be of a particular religion or belief in order to do the job or to comply with the religious or belief ethos of the organisation.

The Disability Discrimination Act (DDA) 1995 (and Amendment to DDA 2005):

2.18 This Act makes it unlawful for employers to discriminate, directly or indirectly, against a person with a physical or mental impairment for any reason related to their disability in all aspects of their employment.

2.19 Employers also have a duty to consider making ‘reasonable adjustments’ to ensure that a disabled worker is not put at a substantial disadvantage by employment arrangements or any physical feature of the workplace.

Employment Equality (Age) Regulations 2006:

2.20 This Act makes it unlawful to discriminate directly or indirectly on the ground of age. The regulations cover people of all ages, both young and old.

2.21 The regulations have a wide scope referring to “workers” rather than “employees”. Those covered include: employees, agency workers, apprentices, self-employed people, casual workers, contract workers, job applicants and former employees in certain circumstances. Unpaid volunteers are not covered by the legislations although students e.g. trainee teachers doing work experience may be covered because the experience is a part of a vocational training relationship.

Note:

This section provides a summary of key safeguarding and recruitment and selection legislation and guidance only. The list is not exhaustive and it is strongly recommended that you refer to the full version of legislation and guidance for comprehensive information.

It is not the intention for the above legislation to replace sector-relevant legislation and regulations (e.g. NHS) for your organisation but to complement and/or enhance it where possible.

Top

3. Safer Recruitment Standards

3. Planning the Recruitment and Selection

3.1 Planning each stage of the recruitment activity is essential to ensure safer recruitment is applied consistently to all relevant vacancies. This should be done by drawing up a Recruitment Plan.

3.2 The plan should include:

Identify funding for post(s)
Gaining authorisation to recruit
Timetable of events
Job analysis
Review and agree job description and person specification
Agree dates for interview(s)
Compose and agree job advertisement and publication/closing date
Select the interview panel
Train interview panel (if necessary)
Agree short-listing criteria based on person specification and shortlist
Interview venue (appropriate access for disabled applicants)
Agree selection method / assessment tools
Compose interview questions
Invite to interview (ask about special arrangements / notify applicants of tests or presentations if relevant / include recruitment pack)
Ensure audit trail of data / data security

Safer Recruitment Policy/Statement

3.3 Organisations should have an explicit written recruitment and selection policy based on the principles of safer recruitment which includes a safeguarding statement (*see sample below).

3.4 The purpose of the policy is to outline clearly to existing and potential employees, the organisation’s stance on safer recruitment practices. Robust policies and procedures are essential to:

manage the expectation of employees
develop a common understanding of the organisation’s goals and values
provide a consistent approach for all existing and newly appointed employees
ensure that procedures are applied consistently
eliminate ambiguity thereby providing clarity

3.5 The policy should outline relevant legislation/regulations and be clear about:

the relevant legislative/mandatory requirements
the impact this has on the organisation and its employees
what employees need to do to be compliant
the scope e.g. what areas of work it covers and who it applies to
links to other policies and procedures
timescales and deadlines to be met
consequences of non-compliance

*Sample Statement

The Organisation shares a commitment to safeguard and promote the welfare of children and young people. Our commitment is underpinned by robust processes and procedures that seek to maximise opportunity, minimise risk and continuously promote a culture that embraces the ethos of safeguarding amongst our workforce.

Job Description/ Person Specification

3.6 It is very important that every job is well defined and has a corresponding job description and person specification. The job description must clearly outline the role, responsibilities and accountabilities of the jobholder, including the tasks/duties they will be required to undertake. Equally, the person specification should clearly outline the knowledge, skills and experience required to do the job.

3.7 The job description and person specification must set out the role, responsibilities, accountabilities, knowledge, skills and experience required in respect of safeguarding and promoting the welfare of children and young people. This should be clearly stated on all job descriptions and person specifications for jobs that involve work with children and young people.

3.8 The job description must state that the post is Exempt from the Rehabilitation of Offenders Act 1974 and subject to a CRB Disclosure check. If a post is classed as exempt under the Act, all applicants for that post will be required to reveal all spent (convictions that have expired) and unspent (convictions that have not expired or never expire) convictions, reprimands, cautions bindovers etc. (See www.crb.gov.uk for further information)

3.9 The job description should also include a clear statement (see sample statement under Section 2) of the organisation’s commitment to safeguarding and promoting the welfare of children and young people.

3.10 In particular, the person specification should outline:

Knowledge, skills and experience required for the post
Responsibility and accountability for safeguarding and promoting the welfare of children and young people.
Qualifications
Demonstrable competencies and qualities required
How the essential requirements of the post will be tested e.g. interview, test, assessment centre, presentation

3.11 Volunteers should be provided with a ‘volunteer profile’ which must adhere to the principles stated above.

3.12 Having this explicitly defined information will ensure that job applicants are clear about the requirements of the post and what is expected of them. It also gives them an opportunity to determine if they have the necessary skills, knowledge and experience to perform the job in question. Most importantly, it may serve as a deterrent to individuals who are seeking to enter the children’s workforce for devious reasons.

3.13 Job descriptions, person specifications and volunteer profiles should be reviewed regularly to ensure they continue to meet the needs of the business and to ensure that ever-changing legislative and other requirements are taken account of.

See Appendices 3 for sample job description; 4a for sample person specification and 4b for sample safeguarding criteria.

Application Forms

3.14 It is best practice to use pre-defined application forms for all recruitment and selection activity. They provide a well-structured method for gathering information critical to the recruitment process.

A well structured application form should gather information essential to the principles of safeguarding and safer recruitment, shown below:

Personal details:
- Full name
- Current address
- National Insurance number
- Current salary
Current and previous employment
Employment history – chronological order including start and end dates since completion of secondary school education
Gaps in employment history
Reasons for leaving past and current employment
Relevant knowledge, skills and experience of the applicant
Voluntary and/or unpaid work
Educational history – academic and/or vocational
Qualifications and professional membership
Supporting evidence
Dismissal from previous employment
Disciplinary action previous and current
Referee details
Exemption statement – Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 as Amended)
Self disclosure of criminal records
Signed declaration
Equal Opportunities monitoring
Disability
Religion
Ethnicity

3.15 The information gathered by the application form is crucial to safer recruitment procedures and it is also an important component of the short-listing process. A well-designed application form should give the applicant an opportunity to provide a self-disclosure on previous criminal convictions, cautions and reprimands and for the panel to explore them during the interview process. This does not remove the need to conduct robust pre-employment checks including CRB Disclosure checks.

3.16 Serious, deliberate fraud or deception in connection with an application for employment may amount to a criminal offence (Obtaining Pecuniary Advantage by Deception). In such cases the employer should in addition to any planned disciplinary action, consider reporting the matter to the police. The case should also be reported to the Secretary of State. Further information about reporting misconduct can be obtained from Appendix 10 of the DCSF Safeguarding Children and Safer Recruitment in Education guidance.

See Appendix 5 for sample Application Form

3.17 The job advert shapes the first impression applicants have of an organisation. The advert is an important tool when it comes to sending out the right message to the public – the business of the organisation, its culture and the type of person needed for the job.

3.18 What better opportunity to send the right message than to include a strap line outlining the organisation’s commitment to safeguarding and promoting the welfare of children and young people.

3.19 A safeguarding strap line is just one of a number of deterrents built into the safer recruitment process. The aim is to send the right message as early as possible in the process. It does not have to be elaborate and can be short and simple: “Committed to Safeguarding Children and Young People.”

3.20 It is also good practice to clearly state that the post holder will be subject to a CRB Disclosure check.

Panel Selection

3.21 It is not too early in the recruitment and selection stage to consider the selection of the interview panel. When selecting the panel you may want to consider the following:

Expertise of panel members in relation to the post being recruited to
Recruitment and selection training for panel members, including safer recruitment and relevant legislation (detailed in section two)
Previous experience of interviewing
Authority to make decisions to appoint/not appoint
Being confident about exploring with the applicant any self disclosures provided and asking specific questions about the applicant’s motives for, and attitude towards working with children and young people

3.22 The panel should be well-briefed on the post in question and the recruitment and selection process. It is good practice to ensure that short listing of applications is carried out by the interview panel. Every panel should have at least two people on it and should be representative of gender and ethnicity.

Applicant Information Pack

3.23 It is normal practice when recruiting to send out information about the organisation. This helps applicants to gain a better understanding of what the business is all about. For the purposes of safer recruitment, it is recommended that you include information on the process they will undergo if they are short listed and ultimately successful.

3.24 An applicant information pack detailing the information show below should be sent:

Organisation’s commitment to safeguarding
Clear guidelines detailing the pre-employment vetting process
- CRB Disclosure Application process.
- Verification of qualifications
- Verification of professional body registration
- References
- Eligibility to work in the UK
- Medical assessment
Safeguarding/Child Protection Policy

See Appendix 7 for sample applicant information pack.

Shortlisting

3.25 It is recommended that short listing is conducted by the interview panel. The selection criteria used for short listing should be based on the ‘Essential’ criteria identified in the person specification. It is good practice to use a short listing matrix. This makes it easier to shortlist, ensures fairness and consistency and provides an audit trail for each vacancy. (See Appendix 6)

3.26 When short listing, the panel must ensure that the agreed selection criteria for the post are applied consistently to each application and it must actively scrutinise applications to ensure they are fully and properly completed and to identify any gaps in employment history and/or issues that may be cause for concern. If the short listing process does highlight any gaps or issues of concern these should be noted separately and taken up with the candidate during the interview. In some cases, you may feel it necessary to contact the candidate prior to interview.

3.27 Alongside the obvious gaps such as omissions or incomplete details on the application form, you should be aware of other issues such as frequent changes in employment that do not show any clear career or salary progression or a move from high paid permanent employment to temporary or supply work and explore these with the candidate during the interview.

3.28 It is good practice to compare the information provided by the applicant with the information contained in the references to ensure that both sets of information match. Any inconsistencies should be explored with the candidate.

Note: References should be read after the short listing process.

Self-Declaration of Previous Convictions

3.29 Candidates applying for a post that involves work with children and young people will be expected to declare all convictions, cautions, reprimands and bind-overs whether spent or unspent on their application form. This is known as a ‘Self Disclosure’.

3.30 A self disclosure gives candidates an opportunity to inform the potential employer of any convictions they have/had and enables the employer to explore them during the interview process.

3.31 The nature of the self-disclosure will determine a candidate’s suitability to proceed to the interview stage. However, it is important that self-disclosure information is not used as a criterion for short listing.

Note: A self disclosure does not remove the need to carry out an Enhanced CRB Disclosure check for appropriate posts.

All self disclosures are subject to the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 as Amended which makes certain regulated activity (i.e. work with children and young people) exempt from the Act and therefore require individuals seeking to work with these groups to be subject to an Enhanced Criminal Record Disclosure check.

References

3.32 References are an important part of any recruitment and selection process and even more so for safer recruitment. The purpose of seeking references is to obtain objective factual information.

3.33 References should always be sought and obtained directly from the referee. Employers should not rely on references or testimonials provided by the candidate, or on open references and testimonials i.e. “To Whom It May Concern”.

3.34 The information contained in a reference is vital to reaching a decision to employ or not employ:

References should be requested as soon as short listing has been completed. Seek references for short listed applicants only.
A minimum of two references must be sought. One reference must be from the current or most recent employer.
Where the applicant is not currently working with children and has provided details of previous employment that has involved work with children either in a paid or voluntary capacity, then a reference must be sought from that employer even if the applicant has not listed the employer as a referee. Refusal or reluctance by an applicant for you to contact such an employer may be cause for concern and should be explored further.
For applicants who have never been in paid employment but have undertaken voluntary work, a reference must be sought from the voluntary organisation.
For applicants who have never worked in paid employment or on a voluntary basis, a character reference should be sought from someone who is able to confirm (as best as possible) the applicant’s suitability to work with children and young people. This may be someone in authority e.g. a lecturer or community leader. Character references should normally only be accepted as a supplement to an employer’s reference.
Scrutinise the references against the information provided on the application form to ensure the information matches.
Any concerns about a reference should be taken up with the referee directly.

3.35 A reference request should contain the following:

Copy of the job description and person specification
Confirmation of employment dates – from/to
Confirmation of basic salary and other remunerations
Specific details of the applicants role and responsibilities in that post
Performance history, ability and capability of the individual to carry out the post applied for
Attitude/behaviour towards work/colleagues
Notable achievements in that post
Attendance levels
Sickness absence
Punctuality

3.36 In addition to the above, a reference should seek particular information on:

Disciplinary action where the sanction is current
Disciplinary action where the sanction has expired and it relates to safeguarding or child protection
Any known reason that could potentially render the applicant unsuitable to work with children and young people e.g. allegations about the applicants behaviour towards children; details of the allegation and the outcome of the investigation

3.37 Any information about past disciplinary action or allegations should be considered in the circumstances of the individual case. Cases in which an issue was resolved satisfactorily some time ago or an allegation was determined to be unfounded or did not require formal disciplinary sanctions, and in which no further issues have been raised, are not likely to cause concern. More serious or recent concerns or issues that were not resolved satisfactorily are more likely to cause concern. A history or repeated concerns or allegations over time is also likely to give cause for concern.

3.38 If after you have sent off for a reference, you have not received it two days before the interview, it is good practice to contact the referee by phone to obtain a telephone reference. Detailed notes of the discussion should be made and retained for your records. This does not remove the need to obtain a full written reference from the referee.

3.39 Consideration should also be given to an applicant’s request to delay seeking references. This could be because the applicant does not want the current employer to know they are actively seeking other employment. Such knowledge may create difficulty for the applicant if they are unsuccessful in securing the post. Where such a request is made, the organisation should make it clear to the applicant that a delay in seeking references could cause a delay in an offer of appointment being made.

3.40 It is good practice to contact the referee of the preferred candidate to verify the authenticity of the reference.

Note References should be sought on all short listed candidates including internal ones.

See Appendix 8 for sample reference request

Selection Methods

3.41 An interview is just one of a number of selection tools that can be used during recruitment. Other methods of selection such as:

Role play
Presentations
Group exercises
Written exercises
Personality questionnaires
Aptitude/ability tests (recommend use of trained administrator)

3.42 If structured properly, can be helpful in assessing a candidate’s suitability for the job and can be important tools in exploring motives/attitudes for wanting to work with children. They allow you to assess the candidate’s interaction with others, giving a useful insight into behaviour and attitude.

All selection methods should be well thought-out and the panel should be well briefed/trained in their use.

Inviting Candidates for Interview

Letter inviting candidates for interview detailing:
- the interview process and any tests, assessments they will have to undergo
- that the candidates will be questioned on their attitude towards and motives for working with children
- the identity documentation they need to bring along on the day
- Original certificates confirming the qualifications/professional registration detailed on the application form
- Evidence of the applicant’s right to work in the UK

Interview

3.43 It is good practice for the panel to meet prior to the interviews to agree the format of interview process; who will chair the interview and to decide who will ask what questions. The panel should also discuss how it will explore any gaps in employment history and any other concerns identified on the application form during the short listing process or from references.

3.44 Arrangements should be made to ensure a smooth process:

Suitable venue taking into consideration any additional or special requirements such as disabled access etc
Interview timetable allowing for time in between each interview:
- to check CRB Disclosure Applications forms and relevant identity documents
- for breaks
- to enable panel discussion
- to allow for interviews overrunning

3.45 The interview process should follow a set format:

Introduction of the panel
Overview of the organisation and the post applied for
Overview of the interview process and questions that will be asked including the fact that you will explore their attitude towards children
Explain the need to take notes throughout the process
Explore self-disclosure if applicable
Check identity documents and qualifications (original documents required)
Give an opportunity for candidates to ask questions
Give indication of timescales for feedback

Being clear about the process will help to manage candidates’ expectations and help the interviews run smoothly.

Interview Questions

3.46 Interviews are a particularly helpful way of gaining information about a candidate’s knowledge, skills and experience and to ascertain their relevance and how they can be transferred to the post in question.

3.47 Interviews allow you ask questions that will test out the applicant in different ways. This can be by asking for examples of what they have done in their current or previous role or by asking scenario based questions.

3.48 Questions should be structured against the essential criteria for the post, including questions about a person’s attitude to, and motives for wanting to work with children.

3.49 Whilst it is important that all candidates are asked the same questions around the criteria on the person specification, it is equally important that the panel is satisfied that it has gained enough information to enable it to assess how well the candidate meets the essential criteria and to reach an objective decision over the candidate’s suitability to do the job.

3.50 If the panel is not satisfied that the question has been answered or feels that the candidate has misunderstood the question, it is acceptable for the panel to probe further by asking supplementary questions. A detailed record of the candidate’s responses should be kept in all cases.

3.51 Sample interview questions around safeguarding knowledge and understanding, including motives for working with children including positive and negative indicators of what to look out for are included in the appendices.

See Appendix 9.

Conditional Offer of Employment

3.52 It is good practice to ensure all pre-employment checks are completed prior to issuing a contract of employment. All offers of employment should be conditional and subject to the satisfactory outcome of all pre-employment vetting checks and where applicable it should be written into all contracts of employment. Verbal offers should clearly state that offers are conditional.

3.53 The Safeguarding Children and Safer Recruitment in Education guidance makes it possible for appointments to be made pending the outcome of a CRB check for staff working in education settings. Nonetheless, employers must carry out a List 99 check prior to making the offer and they must ensure adequate supervision arrangements are in place for the duration until CRB clearance has been received.

3.54 More information on supervision arrangements can be found at Section Four, subsection 1: Appointments Pending CRB Clearance.

Record Keeping/Retention of Personal Data

3.55 It is important to retain data pertaining to all recruitment and selection activities. This can be broken down into two parts:

a) Retention of data for unsuccessful applicants – all application forms, interview notes and other relevant documentation should be securely retained on a recruitment file for a period of six months. This will allow enough time to deal with queries from unsuccessful candidates. The information should be confidentially destroyed after this time.

b) Retention of data for successful applicants – all application forms, interview notes and other relevant documentation should be securely retained on a personnel file. This information forms part of the individual’s personal records and ongoing employment history with the organisation.

3.56 The personnel file of staff employed in a post that gives them unsupervised access to, or involves working directly with children, should contain the following information:

Application form
Interview notes
Letter of invite to interview
Offer letter
Contract of employment
Pre-employment vetting documents
- List 99 clearance
- Copy of the top tearaway section of CRB certificate (not the full Disclosure certificate)
- Copy of photographic identification – usually copy of passport or other acceptable ID
- Copy of the original academic or vocational qualification certificates
- Two references
- Health clearance
- Evidence of Right to Work and Remain in the UK where applicable

Please note that this list is not exhaustive.

3.57 Personal records of all staff should be retained for a period of 6 years after they have left the employment. Where staff have been subject to allegations of abuse against children, then the records must be retained until the normal retirement age or for a period of 10 years if that be longer. In all cases, data should be retained in accordance with the Data Protection Act 1998.

DATA SECURITY

3.58 All agencies shall have arrangements for secure storage, handling, use, retention and disposal of Criminal disclosures and disclosure information as set out in the CRB’s Code of Practice. Further information on the CRB’s Code of Practice can be obtained from www.crb.gov.uk.

3.59 In any event, all personal data should be handled in confidential manner at all times and retained and disposed of securely.

Top

4. Pre-Employment Vetting

4.1 It is vitally important that people deemed unsuitable to work with children and young people do not gain access to them. It is the employer’s duty to utilise robust procedures to prevent/deter such individual’s from accessing the children’s workforce. Safer recruitment requires strict pre-employment vetting to assess the suitability of an individual to work with children and young people. 4.2 An Enhanced CRB Disclosure check is a legal requirement for anyone (paid employee or volunteer) seeking to work in regulated activity. This includes all settings in which children and young people are cared for, trained, supervised and in some cases employed.

4.3 It is strongly recommended that an enhanced CRB is carried out for everyone who has access, supervised or unsupervised, to children and young people.

4.4 Where there has been a break in continuous employment of 3 months or more of an employee or volunteer, a new Enhanced CRB Disclosure must be conducted. It is good practice to carry out CRB checks on a 3-yearly rolling basis for staff and volunteers who remain in continuous employment.

CRB Checks on Overseas Staff and UK Residents

4.5 CRB Disclosures will not generally show offences committed by an individual whilst living abroad (except in the case of service personnel and their families). Therefore, in addition to an enhanced CRB Disclosure, additional checks such as obtaining certificates of good conduct from relevant embassies or police forces are necessary.

4.6 Further information about the criminal record information which may be obtained from overseas police forces and countries, is available from CRB at www.crb.gov.uk.

4.7 Where an applicant is from or has lived in a country where criminal record checks cannot be made for child protection purposes, or is a refugee with leave to remain in the UK, and has no means of obtaining relevant information, employers must take extra care in taking up references and carrying out other background checks. For example, additional references should be sought, and references should be followed up by a telephone call as well as a letter.

Appointment Pending CRB Clearance

4.8 An organisation should obtain the satisfactory outcome of a CRB check and other pre-employment checks prior to making an offer of appointment or securing the services of a volunteer. The reality is that this is not always possible and the process in most cases will normally take between 4 – 6 weeks. However, in a small number of cases, it has been known for the process to take up to 6 months.

4.9 Where it becomes necessary to make an appointment pending the outcome of the CRB check the organisation should undertake an assessment of the potential risk of employing that person and should consider putting some additional vetting measures in place. This could be:

Conducting a List 99 check.
Ensuring that an individual does not have unsupervised access to children during the period preceding the outcome of the CRB check. Supervision arrangements should be clearly documented and the arrangements reviewed on a fortnightly basis.
- Staff subject to additional supervision arrangements must be informed that they will be under supervision and the reason and nature of the supervision should be specified.
- The role of the supervisor must be clearly spelt out and that s/he knows what is required of them.
- Supervision arrangements should be applied to volunteers.
Restricting the access to or involvement with children by occupying the time with training/induction and other job-related activity, though this is not always possible in some setting e.g. schools, care homes.
Delays should be regularly followed up with the CRB

List 99

4.10 List 99 is a confidential document maintained by the Department for Children, Schools and Families (DCSF), which contains the names, dates of birth, National Insurance numbers and in the case of teachers, the teacher reference number, of people whose employment in relevant regulated activity has been barred or restricted by the Secretary of State. It is an offence for an employer to knowingly employ someone in a post for which they have been barred.

4.11 List 99 is the minimum pre-employment check that must be undertaken for all school staff including local authority employed school staff. A List 99 check is usually completed as part of CRB Enhanced Disclosure request. A separate List 99 check is not required unless the CRB check remains outstanding at the time an individual commences employment.

Appendices 10 – 13 provide comprehensive guidance on the CRB process.

Qualifications

4.12 If the post applied for requires a specific qualification, you must notify the short listed applicants of the need to bring the original (plus one copy for your records if applicable) certificate along to the interview. It is normal practice for the chair of the panel to verify the documentation presented and ensure that a copy is provided.

4.13 If the original certificate is unavailable, a certified copy of the document must be provided by the issuing establishment. It is good practice for the employer to verify qualifications with the issuing educational / vocational establishment.

Professional Registration

4.14 As above, if the post applied for requires registration with a professional body, you must notify the short listed applicants of the need to bring the original evidence of registration (plus one copy for your records) along to the interview. It is normal practice for the chair of the panel to verify the documentation presented and ensure that a copy is provided.

4.15 If the original certificate is unavailable, a certified copy of the document must be provided by the issuing establishment. It is good practice for the employer to verify registration/membership with the relevant professional body. This can be done online in some cases with professional bodies. Verifying online also identifies whether any restrictions have been placed on an individuals registration.

Eligibility to work in the UK

4.16 Organisations need to be sure that where the preferred candidate is a foreign national, s/he has permission to work in the UK.

See Appendix 12

Independent Safeguarding Authority (ISA) Scheme

4.17 With effect from July 2010, it will become mandatory for all persons seeking to work with children and young people to register with the Scheme. After this date, it will be a criminal offence for an employer to employ the services of an individual to work with children if that individual is not a member of the scheme. The Scheme will be extended, on a phased basis over a number of years, to existing employees of the children’s workforce throughout England.

4.18 The primary aim of the scheme is to bar individuals from working in situations where there is evidence to suggest that they present a risk of harm to children.

Key Stages of Recruitment

A summary flowchart of the key stages in the recruitment process.

Top

5.0 Appendices

Please download Safer Recruitment Guidance Appendices which includes the following Appendices:

Appendix 1 Safer Recruitment & Selection Checklist
Appendix 2 Safeguarding Statement
Appendix 3 Sample Job Description
Appendix 4a/4b Sample Person Specification and Safeguarding Criteria
Appendix 5/5a Application Form and Completion Notes
Appendix 6 Short listing Matrix
Appendix 7 Applicants Information Pack
Appendix 8a/8b Reference Proforma 1 and 2
Appendix 9 Sample Interview Questions
Appendix 10 CRB DIP 003 – Disclosure Access Category Codes
Appendix 11 CRB Guidance re Suitable Identification for CRB checks
Appendix 12 Recruitment Pre-Employment Vetting Checklist
Appendix 13 Sample Policy Statement on the Recruitment of Ex-offenders
Appendix 14 Guidance note Prevention of Illegal Working

Top