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London Safeguarding Children Board: Child Protection Procedures 5th Edition London SCB Powered by tri.x Powered by tri.x
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6. Safer Recruitment

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Contents

6.1

Safer recruitment and selection, and the management of adults who work with children

 

6.1.1

Scope

 

6.1.5

Training

 

6.1.6

Advertisements and information for applicants

 

6.1.12

References

 

6.1.16

Other checks before interview

 

6.1.17

Selection of candidates - short listing

 

6.1.21

Interviewing short-listed candidates

 

6.1.24

Offer of Appointment to Successful Candidate 

 

6.1.29

Disclosure and Barring Service Checks

 

 

-

Standard Disclosure

 

 

-

Enhanced Disclosures

   

-

Persons Prohibited from Working/Seeking Work with Children

 

 

-

Limitations of Disclosures

 

 

-

Police information held locally - more rigorous relevancy test and new right of review 

 

 

-

Evaluation and Management of Disclosure Information 

 

 

-

Challenges to Information on DBS Certificates

 

 

-

Disclosure and Barring Service Update Service

 

 

-

Staff recruited from overseas

6.2

Induction and supervision of newly appointed staff

 

6.2.6

Scope


6.1

Safer recruitment and selection, and the management of adults who work with children

 

Scope

6.1.1

All statutory and public 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. This includes ensuring that safe recruitment and selection procedures are adopted which deter, reject or identify people who might abuse children or are otherwise unsuitable to work with them.

Each Local Safeguarding Children Board (LSCB) has a responsibility to:

  • Co-ordinate what is done by each person or body represented on the Board for the purpose of Safeguarding and Promoting the Welfare of Children in the area of the authority;
  • To ensure the effectiveness of what is done by each such person or body for that purpose.

6.1.2

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.

6.1.3

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.

6.1.4

Schools and other education settings should  refer to Keeping Children Safe in Education. This is statutory guidance for schools and colleges. The Department for Education (DfE) has recommended that all schools, including non-maintained schools, independent schools, Free 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 Allegations against staff or volunteers, who work with children Procedure).


Training

6.1.5

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 Learning and development - interagency training Procedure (to follow).


Advertisements and information for applicants

6.1.6

Organisations should demonstrate their commitment to safeguarding and protecting children by ensuring that all recruitment advertising material contains a policy statement to this effect.

6.1.7

All information given to the interested applicant should highlight the importance placed by the organisation on rigorous selection processes.

6.1.8

The information should stress that the identity of the candidate, if successful, will need to be checked thoroughly, and that where a Disclosure and Barring Service (DBS) check is appropriate the person will be required to complete an application for a DBS disclosure straight away (see Disclosure and Barring Service Checks).

6.1.9

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.

6.1.10

The person specification should explain:

  • The qualifications and experience needed for the role;
  • The competences and qualities that the applicant should be able to demonstrate;
  • How these will be tested and assessed during the selection process.

6.1.11

The application form should ask for:

  • Full personal information, including any former names by which the person has been known in the past; and
  • A full history of employment, both paid and voluntary, since leaving school, including any periods of further education or training;
  • Details of any relevant academic and / or vocational qualifications;
  • A declaration, as appropriate for the position, that the person has no convictions, cautions, or bind-overs or if they have, to provide details in a sealed envelope (see 6.1.17 Selection of candidates - short listing below).


References

6.1.12

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.

6.1.13

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.

6.1.14

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.

6.1.15

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.


Other checks before interview

6.1.16

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.


Selection of candidates - short listing

6.1.17

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.

6.1.18

Safer recruitment means that all applications should additionally be:

  • Checked to ensure that they are fully and properly completed. Incomplete applications should not be accepted and should be returned to the candidate for completion.
  • Scrutinised for any anomalies or discrepancies in the information provided.
  • Considered with regard to any history of gaps, or repeated changes, in employment, or moves to supply work, without clear and verifiable reasons.

6.1.19

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.

6.1.20

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.


Interviewing short - listed candidates

6.1.21

Questions should be set which test the candidate's specific skills and abilities to carry out the job applied for.

6.1.22

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.

6.1.23

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.


Offer of Appointment to Successful Candidate 

6.1.24

An offer of appointment must be conditional upon pre-employment checks being satisfactorily completed, including:

  • Receipt of two satisfactory references - if references have not been obtained before the interview, it is vital that they are obtained and scrutinised before a person's appointment is confirmed;
  • Verification of the candidate's identity (if this has not been verified straight after the interview);
  • Disclosure and Barring Service Disclosure appropriate to the role;
  • A check of the Disclosure and Barring Service's Barred List; this is usually completed as part of the DBS Disclosure and therefore separate checks will not be required except where the DBS Disclosure remains outstanding at the point where the person starts work
  • Verification of the candidate's medical fitness;
  • Verification of any relevant qualifications and professional status (if not verified straight after the interview) and whether any restrictions have been imposed by a regulatory body such as the National College for Teaching and Leadership or the General Medical Council;
  • Evidence of right to work in the UK for those who are not nationals of a European Economic Area country.

6.1.25

All checks should be confirmed in writing, documented and retained on the personnel file and followed up where they are unsatisfactory or where there are discrepancies in the information provided. All employers should also keep and maintain a single central record of recruitment and vetting checks of staff and volunteers.

6.1.26

Ideally, where a DBS Disclosure is required, it should be obtained 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 DBS Disclosure should be submitted in advance of the individual starting work. However, there is discretion to allow an individual to begin work pending receipt of the DBS Disclosure. However, in such cases, the individual must be appropriately supervised and all other checks, including the DBS's Barred List, should have been completed.

6.1.27

Appropriate supervision for individuals who start work prior to the result of a DBS Disclosure being known needs to reflect what is known about the person concerned, their experience, the nature of their duties and the level of responsibility they will carry. For those with limited experience and where references have provided limited information the level of supervision required may be high. For those with more experience and where the references are detailed and provide strong evidence of good conduct in previous relevant work a lower level of supervision may be appropriate. For all staff without completed DBS Disclosures it should be made clear that they are subject to this additional supervision. The nature of the supervision should be specified and the roles of staff in undertaking the supervision spelt out. The arrangements should be reviewed regularly at least every two weeks until the DBS Disclosure is received.

6.1.28

Where a DBS Disclosure indicates cause for concern for agency or directly employed staff, the member of staff must immediately be withdrawn pending further enquiries.


Disclosure and Barring Service Checks

6.1.29

The DBS provides two levels of disclosures which are of relevance to employers (standard and enhanced disclosures), and one or other must be sought with respect to all candidates who seek to work with children. 


Standard Disclosure

6.1.30

A standard disclosure is available for posts involving regular contact with children (and vulnerable adults), certain professions in health, pharmacy and the law.

6.1.31

Standard disclosures indicate if there is nothing on record or show details drawn from the police national computer of:

  • Spent and unspent convictions;
  • Cautions;
  • Formal reprimands; and
  • Final warnings.

6.1.32

Standard disclosures are issued to the individual and copied to the body registered to seek them.


Enhanced Disclosures

6.1.33

The enhanced disclosure in addition to the information provided by a standard disclosure may contain non-conviction information from local police records, which a chief police officer thinks may be relevant to the position sought.

6.1.34

The enhanced disclosure is available for positions involving regular caring for, training, supervision or being in sole charge of children (or vulnerable adults). 


Additional Information

6.1.35

Under the Police Act 1997, police forces can provide certain sensitive 'additional information' about applicants only to organisations, not to the applicants themselves. This is sometimes also known as 'brown envelope' material and is issued separately to an enhanced DBS check. Whilst this provision will no longer exist in the Police Act, the police may choose to use common law powers to provide information directly to employers in cases where this is necessary, for example to prevent crime or harm to others.


Persons Prohibited from Working/Seeking Work with Children

6.1.36

If a disclosure reveals that an applicant is prohibited from seeking or working with children it is an offence for a person to apply for or accept any work in a position that includes Regulated Activity and the Police must be informed without delay of the individuals attempt to seek employment. It is also an offence for an organisation knowingly to offer work in a position that includes Regulated Activity to an individual who is disqualified from working with children or fail to remove such a person from work.


Limitations of Disclosures

6.1.37

The same checks must be made on all overseas staff, including DBS checks but disclosures may not provide information on people convicted abroad and with respect to individuals who have little residence in the UK, caution must be exercised.

6.1.38

Where an applicant has worked or been resident overseas in the previous 5 years, the employer should where possible obtain a check of the applicant's criminal record from the relevant authority in that country. Not all countries, however, provide this service. The advice of the DBS Overseas Information Service should be sought about criminal record checking overseas - see the Disclosure and Barring Service website.

6.1.39

Occasionally, an enhanced disclosure check may result in the local police disclosing non-conviction information to the registered body only and not to the applicant e.g. a current investigation about the individual. Such information must not be passed on to her/him.


Police information held locally - more rigorous relevancy test and new right of review

6.1.40

Prior to the Protection of Freedom Act, the police provided information held locally on enhanced DBS disclosures when they consider it to be relevant to the purpose for which the certificate was requested. The police now have to apply a more rigorous test before deciding whether to disclose information. They will include it if they 'reasonably believe it to be relevant' and consider that it ought to be disclosed.

6.1.41

In addition, if any of that information is included on an enhanced DBS certificate and the applicant does not think that it should be, they will now be able to ask the Independent Monitor to review it, and the Independent Monitor can ask the DBS to issue a new certificate, either without that information or with amendments to it. Applicants should be encouraged to inform you when they request such a review and to update you about what happens with their certificate.


Evaluation and Management of Disclosure Information

6.1.42

Any concerns raised as a result of DBS checks must be followed up. Where information is disclosed, employers must carry out an initial evaluation and make a judgment about the person's suitability to work with children taking into account only those offences that may be relevant to the post in question. Where further information is required, the applicants consent must be sought and the information should be obtained by a person with an understanding of child protection matters.

6.1.43

In deciding the relevance of disclosure information, the following should be considered:

  • The nature of the appointment;
  • The nature and circumstances of the offence;
  • The age at which the offence took place;
  • The frequency of the offence.


Challenges to Information on DBS Certificates

6.1.44

Currently, an applicant for a DBS check who believes that information disclosed on their certificate is inaccurate can apply to the DBS for a decision about whether it is accurate. The Protection of Freedoms Act allows people other than the applicant to do that too.


Disclosure and Barring Service Update Service

6.1.45

With effect from 17 June 2013, an optional online Update Service is operated by the Disclosure and Barring Service (DBS), designed to reduce the number of DBS checks requested. Instead of a new criminal records/Barred Lists check being necessary whenever an individual applies for a new paid or voluntary role working with children/Vulnerable Adults, individuals can opt to subscribe to the online Update Service. This will allow them to keep their criminal record certificate up to date, so that they can take it with them from role to role, within the same workforce. Employers do not need to register, but can carry out free, instant, online status checks of a registered individual's status. A new DBS check will only be necessary if the status check indicates a change in the individual's status (because new information has been added).

For further information visit the Disclosure and Barring Service website.

6.1.46 

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.


Staff recruited from overseas

6.1.47

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 DBS disclosure should still be obtained in addition to the individual's overseas criminal records.

6.1.48

All overseas police checks must be in accordance with that country's justice system and UK requirements. See the DBS website for guidance on how to access information from a list of countries.

6.1.49

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 DBS or SIA website, the country's representative in the UK could be contacted, see the Foreign and Commonwealth website at: www.fco.gov.uk.


6.2

Induction and supervision of newly appointed staff

 

6.2.1

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.

6.2.2

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.

6.2.3

They should also be made aware of the organisation's personnel procedures relating to disciplinary issues and the relevant whistle blowing policy.

6.2.4

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.

6.2.5

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.


Scope

6.2.6

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 Allegations against staff or volunteers, who work with children Procedure.