Safer Recruitment Guide
What is safer recruitment?
Safer recruitment involves a series of measures to ensure that your employees and volunteers are appropriate for working with children and young people. It plays a crucial role in establishing a secure and supportive environment and demonstrates a dedication to safeguarding children from harm.
Continuous enhancement of safer recruitment practices is essential for every school, club, business, or organisation that interacts with children to maintain a high standard of safety.
What is a safer recruitment policy statement?
A crucial component of your comprehensive safeguarding policies and procedures is the safer recruitment policy statement. This document outlines your organisation's dedication to selecting staff and volunteers who are appropriate for working with children.
It communicates a strong message to current staff, volunteers, and prospective candidates about your organisation's focus on the safety and well-being of children.
What to include
Your safer recruitment policy statement should outline your organisation's dedication to:
Safeguarding and shielding all children and young people through the implementation of strong recruitment procedures
Identifying and rejecting candidates unsuitable for working with children and young people
Addressing any concerns about applicant suitability during the recruitment process
Addressing concerns about the suitability of employees and volunteers post-employment
Ensuring all new staff and volunteers undergo an induction that covers child protection
A list of procedures supporting the policy
The effective date of the policy and its review schedule.
To Conclude
Your organisation's safer recruitment policy statement should complement other internal policies such as the equal opportunities policy and be a part of a broader safeguarding policy statement.
Strive to keep your policy statement concise, ideally fitting within two sides of A4 paper. One approach could be integrating safer recruitment statements into current recruitment, selection, and induction policies.
Safer Recruitment Procedures
Establishing a safer recruitment policy statement is crucial as the initial measure to safeguard children and young individuals who interact with your team. Additionally, it is essential to define clear written protocols and ensure that all individuals involved in recruitment understand how to adhere to them. These practices will guarantee the safe and equitable recruitment of staff and volunteers, prioritising children's safety throughout the entire process.
Plan the recruitment process
Plan ahead for your recruitment process to maintain consistency when hiring new staff or volunteers. Having a well-thought-out and structured approach will:
Reduce the risk of hiring the wrong person
Ensure you choose the most suitable candidate
Guarantee a fair process
Create records for future reference.
By following a documented procedure, you can avoid overlooking important steps and ensure compliance with regulation and guidelines. Consider the necessary resources and how to make them accessible, such as having a sufficient number of interviewers available to assist with the interviews.
Define the role
In any position involving children and young people, both the role description and the person specification must emphasise safeguarding responsibilities.
Advertise the role
The advertisement serves as your initial chance to convey a strong safeguarding message. It is essential that every job advert involving work with children contains a statement emphasising your dedication to child safety.
If the position necessitates a background check, this detail must be specified in the advertisement. Ensure all vacancies are advertised to appeal to a broad range of candidates, regardless of whether the position is for paid staff or volunteers.
Application Pack
By providing an application pack, you ensure that potential applicants have comprehensive details about your organisation and the specific job opening. Using a standard application form for all positions, regardless of pay, is considered best practice. This approach ensures that you receive all the necessary information from every candidate and allows space for candidates to demonstrate how they meet the criteria outlined in the job description. Additionally, it's important to include an outline of your safer recruitment process in the pack. This helps candidates understand the information required from them, the reasons behind it, and what will be expected at each stage of the recruitment process.
Self Disclosure Form
A self-disclosure form allows shortlisted or successful candidates to privately disclose any relevant criminal convictions, child protection investigations, or disciplinary sanctions on their record. As a potential employer, you are only entitled to request specific information based on the role they are applying for.
Here's what the form entails:
Informs applicants about your right to request such information
Gives you an opportunity to review relevant details before vetting and barring check results are obtained
Helps in deterring unsuitable candidates and demonstrates your commitment to safer recruitment practices.
Your organisation's safer recruitment procedures should outline when to request a self-disclosure form and when to open a completed form. These forms contain sensitive data and should be handled securely, either in a sealed envelope labeled 'Confidential' or through a secure online platform.
Remember, a self-disclosure form does not replace the need for a criminal record check, which remains crucial for certain roles. The information disclosed should be evaluated as part of the vetting process, applying a risk assessment approach if needed.
Referencing
Your application pack should include details on when and how references will be requested.
Request applicants to share contact information for a minimum of two referees and verify references during the vetting process.
Providing candidates with an outline of the questions that will be posed to referees allows them to agree to sharing this information. Ensure to inquire about the candidate's ability to work with children and young individuals.
Utilising a standardised reference form for all positions is recommended to ensure you gather all necessary details.
Online Checks
Certain organisations opt to conduct online searches on shortlisted candidates by examining publicly available information. While online checks are not obligatory for a secure recruitment process, it is crucial to assess and revise your recruitment policy and procedures to include the online search process if it is part of your recruitment procedure. If you are considering performing online checks, it is essential to inform all applicants that they may undergo an online search if they are shortlisted.
Selecting applicants for interview
Shortlisting should involve a minimum of two individuals. Each person should have a clear understanding of their responsibilities and evaluate each application based on how well it aligns with the criteria outlined in the person specification.
Preparing for interview
Assess all applicants based on justifiable and objective criteria to evaluate their ability to fulfill the role. Use a variety of selection methods that align clearly with the person specification. Ensure that there are at least two individuals on the interview panel, with a designated chairperson. Decide in advance who will oversee fair assessments and ensure equal treatment of all candidates.
Consider alternative methods, such as a practical test, as a more effective way to assess specific requirements or competencies rather than relying solely on a question-and-answer format.
Interview
When conducting interviews for roles involving working with children, it is advisable to meet the candidates in person. Here are some guidelines to follow during the interview process:
Request information from candidates in advance about any accessibility requirements they may have for the interview venue, and ensure they are accommodated.
Provide an overview of the selection methods that will be employed and inquire if any special arrangements are needed.
Prepare a set of questions in advance that align with the person specification and delve into the candidate's suitability to work with children, their attitude, and their reasons for applying.
Ensure consistency by asking all candidates the same questions to maintain fairness.
Take notes during the interviews as a basis for evaluating each candidate afterward.
Use a scoring system based on the person specification and apply the same criteria to each candidate.
Employ value-based interviewing techniques to focus on the values and behaviours of each candidate.
During the interview, candidates should demonstrate their ability to:
Establish and maintain professional boundaries and integrity.
Build and maintain relationships with children.
Take necessary steps to safeguard a child.
Checking Identity & making an offer
Verify each candidate's identity throughout the recruitment process. The initial chance to do so typically occurs when the candidate participates in an assessment day and interview.
When making an offer & reaching out to the chosen candidate, ensure they understand that the job offer is contingent upon successfully completing all necessary vetting procedures.
Vetting, disclosure and barring checks
To ensure that individuals who will have contact with children are suitable for the role, it is essential to conduct a variety of processes and checks during the recruitment or volunteer selection process.
Criminal Record Checks
Criminal records checks allow you to verify that individuals aged 16 and above have no records that would deem them unsuitable for roles involving children. Here are the key points regarding criminal records checks in the UK:
Each UK nation has its own process for criminal records checks, but they are all interconnected and respect each other's judgments. A person prohibited from working with children in one nation will also be disallowed across the entire UK.
Depending on your organisation's size and the type of check required, you can either apply directly or go through an umbrella body. For detailed information on applying for various checks, consult each criminal records agency.
Specifics for each nation in the UK:
England and Wales: The Disclosure and Barring Service (DBS) supports employers and voluntary organisations in England and Wales in making safer recruitment choices.
Northern Ireland: AccessNI provides disclosure information, while the DBS manages barring procedures in Northern Ireland.
Scotland: Disclosure Scotland conducts criminal record checks and oversees the Protecting Vulnerable Groups (PVG) scheme.
A criminal records check is only valid on the date stated on the certificate but:
in England and Wales, individuals who have a new DBS check can subscribe to the update service, which means they can keep their certificate up to date and take it with them to a new employer
in Scotland, people joining the Protecting Vulnerable Groups (PVG) scheme will havetheir suitability to work with children checked continuously. PVG membership lasts for life, unless you choose to leave the scheme or you get barred from working with children or protected adults.
Enhanced with barred list checks
There are various types of criminal record checks that vary based on the nature of the work being conducted. In all four UK nations, the checks can be:
Basic – revealing unspent convictions and conditional cautions
Standard – disclosing spent and unspent convictions, and adult cautions that have not been filtered according to legislation
Enhanced – displaying the same information as a standard check, along with any relevant details held by local police related to the role
In England, Northern Ireland, and Wales, individuals can opt for an enhanced check with a barred list for those involved in "regulated activity." This check provides the same information as an enhanced check, with additional details about whether the person is prohibited from working with children.
In Scotland, the Protecting Vulnerable Groups (PVG) scheme is applicable to individuals engaged in "regulated work."
What is regulated activity/regulated work?
In England, Northern Ireland, and Wales, engaging in regulated activity with children involves performing any of the following activities regularly or intensively (more than 3 days within a 30-day period or overnight):
Unsupervised activities: teaching, training, instructing, caring for, or supervising children; offering advice or guidance on well-being; or driving a vehicle solely for children.
Working in specific places with opportunities for interacting with children and young people, such as schools, children’s homes, and childcare premises (excluding work carried out by supervised volunteers).
Certain activities are always considered regulated activities, irrespective of frequency or supervision. These include:
Providing intimate or personal care to children.
Delivering healthcare by or under the supervision of a registered healthcare professional.
In Scotland, regulated work with children can be either paid or voluntary and typically involves:
Directly working with children.
Teaching or overseeing children.
Providing personal services to children.
Having caring responsibilities for children.
The requirement for frequency and intensity does not apply in Scotland. Regulated work can also encompass specific positions of trust within organisations, like being a trustee of a children's charity.
Verifying References
References can help you make an informed decision about an applicant’s suitability to work or volunteer with children. Ask referees about the candidate's:
suitability and ability to work with children and young people
knowledge and understanding of child protection and safeguarding.
Make sure information provided in the reference is consistent with the information provided by the candidate in their application form and interview. Follow up any discrepancies, concerns, or vague statements.
Birth certificate checks
Checking the successful candidate's birth certificate is a recommended practice to determine if there have been any name changes since birth. It is essential to conduct vetting and barring checks for all names that the individual has used.
Right to work in the UK checks
Even if the position is unpaid, it may be necessary to conduct a right-to-work check. The Home Office has issued guidelines regarding right-to-work checks (Home Office, 2021a).
Overseas Checks
If a candidate has lived outside the UK for three months or more in the last five years, it is important to verify the candidate's criminal record in that country. The Home Office offers guidance on requesting criminal records checks for applicants from overseas (Home Office, 2021b).
The UK ENIC, the national agency for international qualifications and skills, can provide assistance with verifying international qualifications and skills.
Ensure that any non-English documents are accompanied by a certified translation.
If obtaining checks from abroad is not feasible for a candidate, conducting a risk assessment can help in making a well-informed decision on the next steps.
Disqualification from working with children
Organisations are accountable for ensuring that their employees and volunteers are not disqualified from working with children. The Department for Education (DfE) has issued official guidelines to assist organisations in fulfilling their obligations (DfE, 2018).
Checking Temporary & Agency Staff & Visitors
It is equally crucial to ensure that temporary or agency staff are suitable for working with children, just like with permanent staff.
When individuals visit your organisation to interact with children, it is essential to verify that they have completed the required background checks.
Only involve individuals who work with children from agencies or organisations that have strong safer recruitment policies and procedures.
Request written confirmation from the agency regarding the completion of relevant safer recruitment vetting checks for each temporary staff member or visitor. Upon arrival, verifythe identification of supply staff.
What to do if vetting checks raise concerns
If references, vetting, disclosure, and barring checks raise issues regarding an individual's background, it is crucial for your organisation to evaluate their suitability to work with children and young people.
Having well-defined procedures is essential for making these assessments. Consider pausing any official job offer to allow for a thorough review.
When needed, you should share relevant information with the appropriate authorities, including the criminal records agency, professional organisations, or even the police.
References
A reference should furnish all requested information clearly and directly.
In cases where a reference raises concerns, lacks completeness, or is unclear, reachout to the referee directly to resolve these matters. Keep written records of any phone discussions.
For substantial concerns, request additional details from the referee in written form.
Do not take into account unverified concerns or allegations that have been debunked when making decisions regarding candidate interviews or hiring.
self disclosure form
If a candidate reveals a caution or conviction on their self-disclosure form, it is necessary to conduct a risk assessment to determine its relevance to the position.
criminal record checks
Individuals listed on the barred list should not be assigned roles involving children or young people in regulated activities or work. Employers are prohibited from knowingly hiring individuals on the barred list for regulated activities or work.
In case an applicant seeking to work with children is found to be barred, it is crucial to inform the authorities.
Using 'spent' or 'protected' convictions as a reason to reject employment is not permissible unless the conviction deems the individual unsuitable to work with children. If an applicant is not barred from working with children but concerns arise during checks, such as a criminal record, a risk assessment must be conducted to determine their suitability for working with children and young people.
Carrying out the risk assessment
Decisions about whether or not to employ someone whose vetting checks raised concerns should be made on a case-by-case basis. A risk assessment will help you work out whether they are suitable to work with children and young people.
You should only share information about an applicant’s criminal record with those who need to know. The applicant should be told who in the organisation knows about his/her record.
The applicant will usually know about any information revealed during the course of a vetting or barring check. You should discuss any concerns with them as part of the risk assessment process.
Past convictions might be a great source of anxiety and embarrassment for the person concerned, so you need to act with sensitivity and empathy.
Take all reasonable steps to gather as much relevant information as possible.
Make sure a third party is present during the discussions. Ask a colleague who was involved in the recruitment process to support you and take notes.
Carefully plan the questions you need to ask in advance and keep the discussion
focused on the individual, their feelings and attitudes
It is not your responsibility to decide whether a legal decision was right or fair – you need to decide whether the applicant is suitable to work or volunteer with children and young people.
Making the decision
Follow your organisation's procedures to ensure consistency in all recruitment decisions. Ensure that your decision-making process is objective, rational, and easily comprehensible. Document these reasons and store them securely in a lockable cabinet along with the investigation notes. Consider the following:
The nature and seriousness of the offense
The relevance of the offense to other staff, volunteers, children, and their families
The time elapsed since the offense
The duration of the sentence
Whether the offense was an isolated incident or part of a pattern
The circumstances surrounding the offense
Any changes in circumstances and their impact on future offenses
Whether the individual has changed since the offense and the reasons behind the change
The applicant's level of remorse and efforts to reform
Potential opportunities for re-offending in the new role
Any legal restrictions applicable to the role, such as loss of a driving license for a role that involves driving.
Confidential Information
If the vetting and barring check includes additional "confidential" details, avoid sharing them with the applicant. Disclosing such information could compromise a criminal investigation or someone's safety, potentially resulting in a violation of the Police Act 1997. When deciding not to proceed with hiring based on confidential information, handle the retraction of the job offer carefully. Just notify the applicant that, following the checks and references, the initial offer must be rescinded.
Storing Disclosure & Barring Checks
Avoid storing duplicates of disclosure and barring check certificates unless there is a disagreement regarding the check outcome. Instead, maintain a confidential record of:
completion date of the check
level and type of check
certificate reference number
decision regarding employment of the individual (including reasons).
If a check result is disputed, you may retain a copy of the certificate for up to six months.
Induction
creating a safer culture
Safeguarding children is a continuous and prominent commitment within your organisation. Every staff member and volunteer should understand their role in fostering a safe environment and feel empowered to voice any concerns they may have. Incorporating child protection into the induction process for new staff and volunteers is crucial for creating a safe environment where speaking out is encouraged.
Establishing a consistent induction process ensures that everyone in your organisation comprehensively grasps and adheres to your safeguarding policies and procedures. Here are some key points to consider for all new staff and volunteers:
Ensure they have read and understood the safeguarding and child protection policies and procedures.
Teach them how to recognise signs indicating a child may be facing abuse.
Instruct them on the appropriate response if a child discloses abuse.
Educate them on the steps to take if they have concerns about a child's well-being.
All staff and volunteers should undergo child protection training during their induction, regardless of previous training. It's essential to maintain current knowledge, skills, and a solid understanding of child protection within your organisation.
Consider implementing a mentoring or supervision system for new staff, and possibly incorporating a probationary period. This will allow for the timely and appropriate addressing of any concerns that arise.
Ongoing Supervision & Training
Regular and continuous supervision and training are essential. They offer opportunities for reflection and enhancement of child protection practices, ensuring that safeguarding remains a top priority for everyone involved.
Keep all team members informed about any updates to the safeguarding and child protection policies and procedures.
Legislation & guidance
Safer Recruitment Procedures
In the UK, statutory guidelines emphasise the obligation of individuals in the education, community, and care sectors to establish policies and procedures that ensure the recruitment of suitable individuals to work or volunteer with children. Here are the key points from the guidance:
In England, organisations working with children must adhere to "Working together to safeguard children" (Department for Education, 2023), emphasising the importance of implementing safe recruitment practices.
English schools and colleges are required to follow "Keeping children safe in education" (Department for Education, 2023), with school governing bodies responsible for ensuring safer recruitment practices are in place.
The Department for Education (DfE) has provided guidance on disqualification under the Childcare Act 2006 for various educational institutions.
In Northern Ireland, organisations serving children and young people are instructed to have robust recruitment, selection, and training procedures in place, as outlined in "Co-operating to safeguard children and young people in Northern Ireland" (Department of Health, Social Services and Public Safety, 2017).
Schools in Northern Ireland must adhere to "Safeguarding and child protection in schools: a guide for schools" (Department of Education, 2020), specifying the responsibilities of the designated governor for child protection in recruitment, selection, vetting, and induction processes.
Scotland's Care Inspectorate has issued guidance on safer recruitment for employers in social care, early education and childcare, and social work sectors. These principles are beneficial for any employer seeking to ensure appropriate recruitment of individuals working with children.
Welsh schools are required to comply with "Keeping learners safe" under the Education Act 2002 (Welsh Government, 2021).
Rehabilitation of offenders
Legislation in the UK outlines the information required on a self-disclosure form and what appears on criminal record checks. The Rehabilitation of Offenders Act 1974 in England, Scotland, and Wales specifies inquiries about previous cautions or convictions. Certain roles, eligible for standard, enhanced, or enhanced checks with barred list screenings, are exempt from the Act, allowing employers to request more background information from applicants. A filtering system, introduced in 2013 and updated in 2020, restricts the disclosed information further. Various authorities have issued guidelines on disclosure requirements and exceptions under the Act, such as the Ministry of Justice for England and Wales, the Disclosure and Barring Service for filtering, and the Scottish Government for self-disclosure and prosecution alternatives. In Northern Ireland, the Rehabilitation of Offenders (Northern Ireland) Order 1978 governs the disclosure of convictions, especially for roles involving vulnerable groups. Amendments to the Order in 2012 necessitate individuals to declare convictions when applying for positions with vulnerable groups. The Department of Health and Access NI have provided guidance on these changes and filtering old convictions and cautions on Access NI checks.
Regulated activity & regulated work
In England and Wales, the definition of "regulated activity" is outlined in Section 5 of the Safeguarding Vulnerable Groups Act 2006. Furthermore, Section 64 of the Protection of Freedoms Act 2012 specifies limitations on certain activities, exempting those supervised by individuals who have completed necessary disclosure and barring checks from being classified as "regulated". The Department for Education (DfE) has released an informative document regarding regulated activity concerning children in 2012.
In Northern Ireland, the description of "regulated activity" can be found in Article 9 of the Safeguarding Vulnerable Groups (NI) Order 2007. The Department of Education Northern Ireland (DENI) issued a circular in 2012, clarifying that volunteers in schools are not engaged in "regulated activity" as long as they receive regular supervision.
For England, Wales, and Northern Ireland, the Department for Education has issued official guidance for institutions working with children and young people, detailing how to oversee activities classified as 'regulated activity' when unsupervised. In Scotland, "regulated activity" is defined in Schedule 2 of the Protection of Vulnerable Groups (Scotland) Act 2007.
Vetting & Barring Checks
The Disclosure and Barring Service offers comprehensive guidance for employers in England and Wales regarding the DBS checks application process. It includes an animated video guide and a quick guide leaflet (PDF) (DBS, 2022a; 2022b).
For children's social care providers and managers in England, Ofsted has released guidelines outlining the necessary disclosure and barring checks and how inspectors will verify compliance (Ofsted, 2021).
nidirect provides resources, forms, and templates for AccessNI employers conducting checks in Northern Ireland.
In Scotland, Disclosure Scotland furnishes information for individuals and organizations on disclosure procedures and applying for criminal record checks. It also details the Protecting Vulnerable Groups (PVG) scheme.
The Home Office (2022) offers details on applying for criminal record checks in foreign countries.
Disqualification
In the UK, it is illegal for a barred individual to apply for a regulated position, and employers cannot knowingly hire a barred individual for such a role. Employers are required to report any concerns about employees who may have caused harm to children while in their employment to the relevant barring service in their nation.
Legislation in England and Wales is covered by the Safeguarding Vulnerable Groups Act 2006, while in Northern Ireland, it is under the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007. In Scotland, the Protection of Vulnerable Groups (Scotland) Act 2007 governs these regulations.
Disqualification through association
In England, Regulation 9 of the Childcare (Disqualification) and Childcare (Early Years Provision Free of Charge) (Extended Entitlement) (Amendment) Regulations 2018 stipulates that residing with a person disqualified from working with children could lead to disqualification from working in registered childcare within domestic premises.
In Wales, under Regulation 8 of The Child Minding and Day Care (Disqualification) (Wales) Regulations 2010, living with a disqualified individual may result in disqualification from working in any registered childminding or day care setting.