Annexure I. Pre-appointment checks and safer recruitment
All offers of appointment should be conditional until satisfactory completion of the
mandatory pre-employment checks. Providers must not allow people, whose
suitability has not been checked, including through a criminal records check, to have
unsupervised contact with children being cared for.
When appointing new staff, providers must:
verify a candidate’s identity, it is important to be sure that the person is who
they claim to be, this includes being aware of the potential for individuals
changing their name. Best practice is checking the name on their birth
certificate, where this is available. Further identification checking guidelines
can be found on the GOV.UK website.
obtain (via the applicant) an enhanced DBS check (including children’s barred
list information, for those who will be engaging in regulated activity with
children). Note that when using the DBS update service, you still need to
obtain the original physical certificate
obtain a separate children’s barred list check if an individual will start work in
regulated activity with children before the DBS certificate is available. See
paragraphs 266-267 in KCSIE on how to obtain a separate children’s barred
list check.
verify the candidate’s mental and physical fitness to carry out their work
responsibilities. A job applicant can be asked relevant questions about
disability and health in order to establish whether they have the physical and
mental capacity for the specific role.
verify the person’s right to work in the UK, including EU nationals. If there is
uncertainty about whether an individual needs permission to work in the UK,
then follow advice on the GOV.UK website
if the person has lived or worked outside the UK, make any further checks the
setting consider appropriate and verify professional qualifications, as
appropriate.
Ensure a candidate’s qualifications are ‘approved’ (full and relevant) in order
for them to be counted in ratios. Managers can check qualifications here
Check an Early Years qualification
carry out prohibition check for all staff with QTS
complete a risk assessment for each volunteer to decide whether they need to
do an enhanced DBS check or not. (Please note even if it is decided an
enhanced DBS is to be requested, if the volunteer is not in regulated activity,
then you’re not legally allowed to do a barred list check)
only accept copies of a curriculum vitae (CV) alongside an application form. A
CV on its own will not provide adequate information.
Shortlisting
Shortlisted candidates should be asked to complete a self-declaration of
their criminal record or information that would make them unsuitable to work with
children.
Self-declaration is subject to Ministry of Justice guidance on the disclosure
of criminal records, further information can be found on GOV.UK. For example:
• if they have a criminal history
• if they are included on the children’s barred list
• if they are prohibited from teaching
• if they are prohibited from taking part in the management of an independent
School
• information about any criminal offences committed in any country in line with the
law as applicable in England and Wales, not the law in their country of origin or
where they were convicted
• if they are known to the police and children’s local authority social care
• if they have been disqualified from providing childcare (see paras 268-272), and,
• any relevant overseas information.
This information should only be requested from applicants who have been
shortlisted. The information should not be requested in the application form to decide
who should be shortlisted.
Applicants should be asked to sign a declaration confirming the information they
have provided is true. Where there is an electronic signature, the shortlisted
candidate should physically sign a hard copy of the application at point of interview.
The purpose of a self-declaration is so that candidates will have the opportunity to
share relevant information and allow this to be discussed and considered at interview
before the DBS certificate is received.
In addition, as part of the shortlisting process consider carrying out an online search
as part of their due diligence on the shortlisted candidates. This may help identify
any incidents or issues that have happened, and are publicly available online, which
the setting might want to explore with the applicant at interview. The setting should
inform shortlisted candidates that online searches may be done as part of due
diligence checks.
References
The purpose of seeking references is to allow employers to obtain factual information
to support appointment decisions.
Providers must obtain a reference for any member of staff (including students and
volunteers) before they are recruited.
Providers should:
• Not accept open references e.g. to whom it may concern.
• Not rely on applicants to obtain their reference.
• Ensure any references are from the applicant’s current employer, training provider
or education setting and have been completed by a senior person with appropriate
authority.
• Not accept references from a family member.
• Obtain verification of the individual’s most recent relevant period of employment
where the applicant is not currently employed.
• Secure a reference from the relevant employer from the last time the applicant
worked with children (if not currently working with children). If the applicant has never
worked with children, then ensure a reference is from their current employer, training
provider or education setting.
• Ensure electronic references originate from a legitimate source.
• Contact referees to clarify content where information is vague or insufficient
information is provided.
• Compare the information on the application form with that in the reference and take
up any discrepancies with the applicant.
• Establish the reason for the applicant leaving their current or most recent post, and
ensure any concerns are resolved satisfactorily before appointment is confirmed.