Recruitment, Selection and Disclosure Procedure

Transcription

1 Recruitment, Selection and Disclosure Procedure

2 Table of Contents Table of Contents... 2 St Joseph s College Mission Statement Introduction Job Description and Person Specifications The Advert Application Packs Interview Process Pre-Employment Checks Disclosure and Barring Renewals or Re-Checks Supply Teachers (employed by the College) Peripatetic Tutors & Agency Staff (including Agency Supply Teachers) Home Stay & Host Family Parents Contractors and employees of third parties (other than supply agencies) Some schools with trustees or a governing board also have a committee of local governors or advisors more closely related to the school. A case in point is the Girls Day School Trust (GDST). All members of the proprietorial body need DBS checks, but the members of the Local Governing Body are treated like any other volunteers. Checks are not required unless they have direct unsupervised contact with children or give rise to concern. Visiting Speakers... Error! Bookmark not defined. 13. Volunteers Governors Work Experience and Placements Those Who Do Not Require Vetting Checks Employees of Third Parties (Visiting Professionals) Single Staff Central Register Overseas Criminal Records Checks Last Reviewed NOV 16 Next Review NOV 17 Page 2 DBA 18-20

3 St Joseph s College Mission Statement St Joseph s College prides itself on the quality of the teaching and pastoral care provided to each of its pupils, from EYFS across to Sixth Form, including Boarding. The Governing body has ultimate responsibility for meeting all the College s regulatory requirements, which they delegate to the Principal, supported by the Senior Leadership team. In line with good practice and as part of the Governors due diligence, the Board of Governors reviews this policy annually. St Joseph s College, as an aware employer, is committed to safeguarding and promoting the wellbeing of children and young people as its number one priority. Robust recruitment, selection and induction procedures operate throughout the College and extend to organisations and services linked on its behalf. 1. Introduction 1.1. This guidance accompanies the St Joseph s College s Recruitment, Selection Policy. Staff and Governors were asked to adopt the policy. It provides practical guidance on a range of safer recruitment practices and will help ensure consistent practice across College Who does this Policy apply to? Staff and Governing Bodies have a responsibility to ensure that when recruiting to a post within their College, that the Policy be adhered to when planning and carrying out the recruitment process. This policy and guidance are in line with DCSF and Bichard Inquiry and the on-line safe recruitment training recommendations How long will the recruitment process take? Depending on the time it takes to receive all of the appropriate pre-employment checks and the candidate s notice period, it is important to assess the time the whole process will take from job description to a new employee starting work. Appreciating the need for a thorough safe recruitment process will mean that the College needs to allow enough time for all the stages of the process and some contingency time, may also be necessary. A Recruitment and Selection Checklist is included in the appendices, which will assist with planning the whole recruitment process. 2. Job Description and Person Specifications 2.1. At the start of the recruitment process, it is important to define what the postholder s responsibilities towards children will be, as well as the qualifications and experience needed to perform the job, with particular attention to their work with such vulnerable groups. To confirm St Joseph s College s and the College s commitment to safer recruitment, it is advisable to ensure that this statement of intent (below) be included on all person specifications and other associated documentation linked with recruitment and induction. Please find a template job description and person specification in the appendices St Joseph s College, as an aware employer, is committed to safeguarding and promoting the well-being of all children and young people as its number one priority. Robust Last Reviewed NOV 16 Next Review NOV 17 Page 3 DBA 18-20

4 recruitment, selection and induction procedures operate across the College and extend to services linked on its behalf When a post requires an Enhanced DBS Disclosure, this must be reflected in the job description and person specification relating to that post. It is envisaged that due to the nature of work in this College and contact with children that all posts will require an enhanced DBS Disclosure As advised all job descriptions must detail: Main duties and responsibilities of the post; The postholder s specific responsibility towards the promotion and the practice of safeguarding and promoting the well-being of children that they come in to contact with through their job. The nature of the responsibility will be reflected in the person s job title and their environment As advised all person specifications must detail: Define the qualifications required to do the job; List professional Registrations (if required); State that an enhanced DBS Disclosure is required; Define the skills and competencies required; Explore issues relating to the safeguarding of children, such as: Motivation to work with children; Ability to form and maintain appropriate relationships and personal boundaries with children; Emotional resilience in working with children and young people of all abilities; Attitudes to the use of authority and maintaining discipline As any other requirement on the person specification, it must state how these issues will be tested E.g. application form, interview, or assessment on the day All of the points on the person specification should be evidenced either in a candidate s application form or through the interview and selection process Please find template examples of job descriptions and person specifications in the appendices which can be adapted to meet the College s requirements. 3. The Advert 3.1. The advert for a vacancy should always demonstrate St Joseph s College s commitment to safer recruitment and vetting procedures, protecting every potential applicant from unfair practice and ultimately safeguarding children as much as possible. Promoting commitment to safeguarding and child protection can act as a deterrent to would-be abusers When placing an advert, the following statements should always be on the advert: Last Reviewed NOV 16 Next Review NOV 17 Page 4 DBA 18-20

5 Fixed Term (if Fixed Term the duration of the contract should be stated) ADVERT TEXT (which should include St Joseph s College is committed to safeguarding and promoting the welfare of children and the successful applicant will be required to undertake child protection screening appropriate to the post, including an Enhanced Disclosure via the Disclosure and Barring Service. Please be advised that applications cannot be accepted unless they are on the College s Application Form. References will be taken up and will be carefully checked) The successful applicant will be required to apply for an enhanced disclosure from the Disclosure and Barring Service. Further details can be found at Closing Date; St Joseph s College, as an aware employer, is committed to safeguarding and promoting the well-being of all children and young people as its number one priority. Robust recruitment, selection and induction procedures operate across the College and extend to services linked on its behalf. The College s statement re equal opportunities. 4. Application Packs 4.1. The College should promote its commitment to safeguarding and protecting children and young people, as much as possible throughout the recruitment process in order to deter unsuitable candidates It is strongly advised to include the following in a College s application pack: Application Form (CVs will not be substituted for a FULL application form) Job Description and Person Specification Application Process & Explanatory Notes Recruitment, Selection and Disclosure Policy Recruitment of Ex-offenders Policy Recruitment of Ex-offenders Disclosure Form DBS A Guide for Applicants 5. Interview Process 5.1. The interviewing process should allow time for any discrepancy in a candidate s application or references to be scrutinised and clarified. With this in mind all candidates should have their qualifications verified, employment gaps explored, criminal record/s disclosed, reference issues and their attitude towards children discussed at interview. This means that when a candidate is successful, any issues surrounding their application and references have been fully explored before they are offered the post. Every interview should be carried out on a face-to-face basis with at least one member of the panel having successfully completed on-line safe recruitment training (see Recruitment, Selection and Disclosure Policy paragraph 4). References Last Reviewed NOV 16 Next Review NOV 17 Page 5 DBA 18-20

6 5.2. At least two references, should be requested prior and ideally received back prior to the interview. One of the referees must be the candidate s current or if unemployed most recent employer. If the candidate works at a school the reference must be from the Headteacher. If a candidate does not currently, but has in the past worked with children/young people, a references must be sought from this employer. Open references should not be accepted if they have To whom it may concern on, no date evidenced or no obvious organisation/authorisation, these may have been forged, or may have valuable information missing if it is out of date. It is best practice to ask a referee to complete a reference pro-forma, which ensures that certain questions are asked of all your candidates. This avoids references, which may have been written as part of a compromise agreement and would not state any adverse qualities or incidents involving the candidate Please see an example Reference Pro-forma in the appendices which can be adapted to meet the College s requirements 5.4. When references are received prior to interview it enables the interviewing panel to follow up any discrepancies or issues at interview and to make a decision with reference to all the facts available at the time. Obviously this relies entirely on the speed referees return them, this may not always allow for them to be seen prior to interview, but it should be aimed for as best practice as it complies with Bichard recommendations References should be recorded on the Staff Central Register (SCR) Employment Gaps 5.6. At interview, gaps in employment history must be discussed with the candidate. If there are gaps in their history, the candidate should fill in the Employment Gap on the application form declaring the reasons for their break from work. This should then be signed by the candidate. Valid reasons for gaps in employment may be: the candidate did not need to work, travelling, bringing up a family, caring responsibilities, family bereavement or a period of sickness. As there could be more sinister reasons for an absence, it is important to ensure that the candidate is able to give as much detail as possible, in order for the panel to make an informed decision, and be in receipt of all relevant information It is strongly advised to discuss patterns of repeated change in career with prospective employees at interview, ensuring that the reasons for this are fully explored and satisfy the interview panel (see Recruitment, Selection and Disclosure Policy). Qualification Verification 5.8. At interview essential qualifications required for the post including those set by statute must be verified as a minimum, other qualifications stated on the application form may also need to be verified (see Recruitment, Selection and Disclosure Policy) A photocopy of all the original qualification certificates should be taken and if the candidate is successful these should be placed on their personal file and recorded on the Staff Central Register. If the candidate is unsuccessful, these should be destroyed. Last Reviewed NOV 16 Next Review NOV 17 Page 6 DBA 18-20

7 5.10. Rehabilitation of Offenders Disclosure As posts within the College are exempt from the Rehabilitation of Offenders Act This means that candidates must disclose any unspent and spent convictions during the application stage When applying for a post, candidates should fill out the Rehabilitation of Offenders Disclosure Form) and return it with their application form. If they have not sent it in with their application, it is advisable to ask the candidates attending the interview if they have any previous convictions either spent or unspent. This gives the candidate a chance to discuss the circumstances surrounding any previous convictions they may have at interview Any convictions disclosed should not be given to the shortlisting panel prior to shortlisting. Once the panel has made a shortlist and invited candidates on it for interview, they should then be made aware of any candidate s criminal disclosure. Disclosing a criminal background should not be used as a reason to not shortlist a candidate. Having a criminal conviction will not necessarily bar a person from working with children and should not be used to discount applications If a candidate is successful they will be required to complete an Enhanced DBS Disclosure application form. Once the Enhanced DBS Disclosure Certificate is returned, any conviction information will need to match up with the candidate s original disclosure to the interview panel. This information will not be kept if the candidate is not successful and should be destroyed Enhanced convictions a note should be recorded on the Staff Central Register (SCR) Commitment to Safeguarding Children Person specifications allows the College to explore a potential candidate s views, attitudes and expectations in relation to working with children (see Recruitment, Selection and Disclosure Policy). The recruiting panel should seek to identify the candidate s experience or views on the following points: Motivation to work with children; Ability to form and maintain appropriate relationships and personal boundaries with children; Emotional resilience in working with students of all abilities; Attitudes to use of authority and maintaining discipline Providing questions that ask candidates to draw on their experience of situations with children will give a good impression of the candidate s understanding of the points above. It will enable the panel to probe issues that the candidate may not discuss, allowing the panel to be aware of any issues or lack of knowledge that a candidate may have or refuses to discuss as well as their motivation to work within a College environment or with children. Some suggested competency interview questions are included in the appendices that may give an interview panel a point of reference for developing their own questions. Last Reviewed NOV 16 Next Review NOV 17 Page 7 DBA 18-20

8 6. Pre-Employment Checks 6.1. In summary any offer of employment to any post in a College should be subject to the following (see Recruitment, Selection and Disclosure Policy): References The College must request and have returned at least two references for every potential employee, one of these references must be from their current or most recent employer and if they work at a College/School must be from the Principal. As the post requires working in an environment with children, it is important to have a reference, if available, from an employer or voluntary agency demonstrating the candidate s previous work experience, paid or unpaid, of working with children. This may mean another reference will need to be requested. Please see the template Reference Pro-forma. Verification of Candidate s Identity It is vital that the College knows who its employees are and have evidence to prove this. The Identity Confirmation Sheet filled in during the DBS process will suffice and this must be carried out in a face-to-face interview i.e. not via the post. The ID check can then go on to their personal file and be logged on the College s Staff Central Register. Barred List Check This is a list of people barred from working with children, compiled by the DCFS. This check is done as part of the DBS Application Process and can also be accessed separately on the teachers pensions website. A Barred List check can be undertaken immediately by the Finance Department. Enhanced DBS Disclosure This shows the College previous convictions held on file for a potential employee. Having a conviction will not necessarily bar someone from working in a job with children or young people. The severity, nature, circumstances and timing of the conviction will need to be taken into consideration. Candidates will need to be given the opportunity at the application stage to declare any unspent or spent convictions they may have, any declaration they make will be compared with the returned criminal record disclosure. The procedure for assessing DBS Disclosure positive trace returns is detailed in the policy. Medical Clearance Once a position has been offered. A potential employee will have to complete a medical questionnaire, which is then assessed by the Principal. Depending on the answers given by the candidate, the Principal may request an appointment with the College Doctor or Last Reviewed NOV 16 Next Review NOV 17 Page 8 DBA 18-20

9 Nurse to confirm fitness. A potential employee is confirmed as medically cleared once a letter has been received from the College Doctor or Nurse declaring them fit for their proposed post. Verification of Qualifications Any essential qualifications legally required to perform a particular job, as stated in the person specification, need to be evidenced by the potential employee. A copy of original certificates should be taken and placed on their personal file and logged on the Staff Central Register. This should ideally be confirmed at the interview stage. Verification of Professional Registration Some posts require a professional registration with a regulatory body. This again needs to be evidenced and placed on file, if the person specification states it as an essential prerequisite. Right to Work in the UK It is a legal obligation that every employer in the UK verifies whether a potential employee has the right to work in the UK. This can be easily evidenced in line with the DBS passport check to support their right to work in the UK, which can then be logged on the Staff Central Register. Employment History When checking an application form it is important to note any gaps in employment or noticeable patterns when the candidate changed their employment. At interview any gaps will need to be discussed and satisfactory explanations given and recorded on the Application form. This should ideally be confirmed at the interview stage. Overseas Criminal Record Disclosure If the potential employee has lived abroad for a period of time or who comes from another country prior to working in the UK, then a UK DBS Disclosure or local police check will not give a full picture in respect of any criminal record they may have In these cases an overseas criminal record check will need to be applied for as well as a UK DBS Disclosure. Details for each country s equivalent Bureau are available on the Gov.UK website: There is more detail about this later on in this guidance No period of time is prescribed to differentiate between living in a country and an extended holiday and the College has set its own policy in line with NSPCC guidance. NSPCC guidance states that the duration of a tourist visa may act as a useful rule of thumb, often around three months. The NSPCC advises that checks should be obtained when a person has lived overseas for three months or more in the last five years. Time spent overseas under the age of 16 is also of less significance as, even in England, it is not possible to obtain checks for those aged under 16. The College adopts this advice as a starting point for compliance. Again these are rules of thumb only and there may be situations where it is not appropriate to limit the checks carried out. Last Reviewed NOV 16 Next Review NOV 17 Page 9 DBA 18-20

10 Appointed staff must be subject to a conditional offer with the following: Current overseas certificate/s with no adverse information must be provided; or Give consent to the College to apply for an overseas check on their behalf; or Have made the relevant application before starts work - in the absence of a response from official sources overseas, the College must obtain alternative further checks i.e. additional references beyond the two normally expected; Where overseas check is not available in a country, additional references must be obtained. Teaching staff must also be checked with the Prohibition from EEA check. Prohibition from Teaching & Management Checks Qualified Teacher Status is not a requirement for Teachers in the independent sector, but the College must check that anyone employed or curry out teaching work is not subject to a prohibition order issued by the Secretary of State. The check is completed using the free Employer Online Service and can be undertaken on individuals who do not have QTS by searching by name From 12 th August 2015, schools must check whether staff appointed to management positions after that date are subject to a s.128 direction. For staff in regulated activity, the check is done via the DBS; a s128 direction would show on a DBS barred list check. Prohibition from EEA Checks for Teaching Staff From the 6 September 2016, in accordance with KCSIE 2016, an EEA check will be undertaken for any teacher sanction or restriction that has been imposed by a professional regulating authority in the European Economic Area EEA. This check is relevant for all teaching posts. Self-Declaration Checks (Disqualification by association) Staff can be disqualified by association with others in accordance with the Childcare (Disqualification) Regulations Pre Appointment checks in this regard may be needed for relevant staff, leaders and managers as part of following the KCSIE supplementary advice. Any staff working with students up to and including the age of 8 must complete a Self-Declaration form These checks should be made clear to candidates at interview. Any offer of employment should be a conditional offer subject to satisfactory clearances being received and checked by the College. When a decision has been made and a successful candidate notified they should be encouraged to contact the Payroll Department as soon as possible to start their pre-employment checks. Last Reviewed NOV 16 Next Review NOV 17 Page 10 DBA 18-20

11 Successful candidates will receive an offer conditional upon, two satisfactory references (if these have not already been received), verification of identity and qualifications including where appropriate, evidence of the right to work in the UK, overseas check, a satisfactory enhanced DBS disclosure with barred list check, self-declaration form, prohibition check and completion of Child Protection Safeguarding training Successful candidates must sign to say they have received a Safeguarding Induction Booklet, KCSIE (Part 1 & Appendix A), The College s Safeguarding Policy, Staff Code of Conduct and Staff Handbook 6.2. Once these checks have been completed, evidence should be sent into the Payroll Department along with a completed Pre-employment Checklist detailing the level of checks that have been undertaken. 7. Disclosure and Barring Renewals or Re-Checks 7.1. DBS Disclosures are only a record or a snapshot of the day they were issued. Since a Disclosure was issued staff may have new convictions or warnings that they may or may not have made the College aware of. It is St Joseph s College s policy that a rolling programme of all staff employed before 2007 are asked to submit an Enhanced DBS Disclosure The process of renewal or re-checking a person s DBS Disclosure is exactly the same as when applying for an original. There is no fast track. A new Identity Confirmation Sheet should be filled in, mainly to register any changes in address or name and then a new DBS application form should be issued. Please mark on the Application form that the application is a re-check, this will aid the Payroll Department with logging the application The College can track the status of a DBS Application with the DBS online The requirement for a renewal for a DBS Disclosure also applies to all volunteers working in the College. The process is the same for all staff. It also applies to supply staff, but the renewal period is shorter For instances when a candidate s DBS Disclosure is returned with a Positive Trace, the Policy details the process for assessing information recorded on the Disclosure, producing a risk assessment based on the candidate s post and then making an informed recruitment decision). 8. Supply Teachers (employed by the College) 8.1. Supply Teachers should be recruited and treated in the same way as any other member of staff in a College Recruiting Supply Teachers should be managed in the same way as any other staff in the College, if directly employed by St Joseph s College. This means that they should also have all the appropriate pre-employment checks carried out before their employment is confirmed. Last Reviewed NOV 16 Next Review NOV 17 Page 11 DBA 18-20

12 8.3. Supply Teachers should have their DBS Disclosure re-checked if they do not have contact with the College for more than 3 months. This is due to the casual and ad-hoc nature of their work, which may mean they do not actively work for the College for a few months at a time. 9. Peripatetic Tutors & Agency Staff (including Agency Supply Teachers) 9.1. As with outside contracted staff, providing services such as music tuition, specialist sports coaching, supply teaching or specific courses that requires staff to work on College premises whilst children are in College, it is important that the College have evidence of the necessary checks in relation to these staff In a College environment it is essential to carry out or have evidence of the same standard of checks for all staff working in the College and the extended provision even if they are not employed directly by the College. It is the Principal s and Governors responsibility to ensure that these checks are being carried out. With this in mind, all outside providers should be requested to provide evidence of the same preemployment checks that the College would complete if they were directly employing the staff themselves. This should be given in writing and in advance of the provider starting work at the College and should be agreed as part of any contract between the College and provider. The College has the right to view the original copy of the Disclosure from the agency if it contains additional information. Evidence of checks from external providers should be recorded on the Staff Central Register If evidence is not provided then the College is strongly advised to not allow the peripatetic tutors or agency staff to have unsupervised access to children. If on an exceptional basis a risk assessment can be undertaken but this must not be considered the norm As with any external provider coming on to a College s premises the College should verify their identity and the provider should be asked to show documents such as a passport or driver s licence along with company and photo ID. The College should be given the names of expected guests or outside providers in advance of their arrival on site. The College should be very clear that the named individual is who they say they are. 10. Home Stay & Host Family Parents Home Stay Host will have unsupervised contact with children under the age of 18. With this in mind it is essential to carry out or have evidence of the same standard of checks for all staff working in the College and the extended provision even if they are not employed directly by the College. The names of students who are living with host families for 28 or more consecutive days and who are under the age of 16 must be forwarded to the relevant LA fostering officer Host families are often used to accommodate children on sports or language exchanges. When the arrangements are made direct between two families which accept responsibility, this can be considered a personal arrangement and outside the scope of regulated activity. However, where the family is paid, the arrangement to accommodate a child is not made by the child s family, or the school has the power to terminate the Last Reviewed NOV 16 Next Review NOV 17 Page 12 DBA 18-20

13 arrangement, it is unlikely to be a personal arrangement and could constitute regulated activity. In that instance, it is essential that the College carry out or have evidence of the same standard checks for all staff working in the College and the extended provision even if they are not employed directly by the College. The College will not be able to obtain checks on host families that may accommodate their pupils overseas, but should work with partner schools to ensure that appropriate assurances are obtained before a visit. Whether or not the hosting activity is regulated in the particular instance or formal vetting checks are necessitated, schools should take reasonable steps to safeguard young people participating, for example, ensuring that pupils are seen by a member of staff every day while away from home, have access to a mobile phone with signal or know who to contact and how, if they have any concerns about their own safety, and providing parents and pupils with information about risks and protective measures in place to support their own decisions and actions. 11. Contractors and employees of third parties (other than supply agencies) Principles KCSIE contains sections both on agency and third party staff and on contractors, with different requirements for each. However, it is not directive as to when third party staff who are not from an employment business (temping/supply agency) are expected to be checked in line with agency staff (supply) and when they may be subject to the less stringent regime for contractor staff. Schools are permitted to exercise reasonable discretion in making that choice with the grey area in KCSIE indicative of a need for more stringent checking of some third party staff, such as those who are long-term with access to children (e.g. some catering staff). The minimum for compliance purposes is that third party staff, other than those from supply agencies, are at least subject to the suitability checks for contractors. (For the requirements relating to supply staff, see above.) Employers can only run direct vetting checks on their own employees. Each employer is, therefore, responsible for the vetting of their own staff. Where there is interaction between a school and the employees of another organisation or person, the school should ensure that relevant checks (see below) have been carried out. The usual way to ensure is through obtaining written confirmation from the employer. This should be retained for inspection purposes. Schools are not required to include employees of other organisations (other than supply agencies) on their SCR, though they may choose to do so The relevant minimum checks always include: barred list check for those in regulated activity; appropriate level of DBS check; identity check on arrival; any other role specific checks, where applicable eg disqualification from childcare Employees of Contractors Employees of contractors who are working at the College on a long term basis (caterers, cleaners, et al) should, as a matter of risk assessment (weighing issues such as role, Last Reviewed NOV 16 Next Review NOV 17 Page 13 DBA 18-20

14 supervision, access to pupils, age and vulnerability of pupils) and of good practice, be subject to the same checks as College staff, with written confirmation supplied by the employing organisation. The school must check identity on arrival Where the employees of shorter-term contractors such as builders will have access to areas where unsupervised contact with children is possible, the College should receive written confirmation from the company that the required DBS checks have been undertaken and check photographic identification on arrival at the College Self-Employed Contractors: Self-employed contractors should generally be checked by their professional associations. This is because it is not possible for self-employed people to obtain checks directly on their own account (except at the basic level), but professional associations usually assist with checks to enable their members to access work. If it cannot be confirmed in writing that the person has been checked by another organisation, the school should consider obtaining the DBS check itself. Identity must be checked on arrival as usual Occasional / Temporary Contractors Occasional and temporary contractors who are not involved in teaching/training etc or personal care are not in regulated activity and cannot be checked against the barred list. The exception is intended to enable schools to employ emergency workmen more easily but has been used also for professional musicians at Christmas, for example KCSIE 2016 advises that in the absence of statutory definitions for occasional and temporary, it is for schools to determine when a contractors are occasional or temporary, and therefore whether or not they are working in regulated activity. If the school decides the workers are not in regulated activity, they will not be eligible for a barred list check but if their work gives them opportunity for regular contact with children, KCSIE stipulates that an enhanced DBS check without barred list information will be required. Where workers are not frequent or regular, schools should risk assess whether a DBS check is necessary and proceed accordingly Supervision of contractors It is recognised that it is not practicable normally for a school to provide supervision of contractors making emergency repairs by a qualified person at the same level as for volunteers under Annex F of KCSIE KCSIE 2016 clarifies that while unchecked contractors should under no circumstances be allowed to work unsupervised, schools are responsible for determining the appropriate level of supervision depending on the circumstances. Last Reviewed NOV 16 Next Review NOV 17 Page 14 DBA 18-20

15 11.6. Non-proprietor governors/advisors All members of the proprietorial body need DBS checks, but the members of the Local Governing Body are treated like any other volunteers. Checks are not required unless they have direct unsupervised contact with children or give rise to concern. Visiting Speakers The Prevent statutory guidance requires schools to have clear protocols for ensuring that any visiting speakers who might fall within the scope of the Prevent duty, whether invited by staff or pupils, are suitable and appropriately supervised. This means that even in cases where specific vetting checks are not prescribed by Part 4, for example, if speakers will not be left alone with pupils, schools must take action to ensure that they are suitable. The precise action is not prescribed. An internet search, for example, may sometimes be more instructive than formal vetting checks The interaction between the Prevent requirement to check speakers and KCSIE is likely to mean in practice that checks on visiting speakers will be recordable on the SCR either as checks on staff (e.g. if the individual is paid to attend regularly) or on volunteers. 12. Volunteers There is no set formula for the vetting of volunteers, unless they are in regulated activity. The arrangements for volunteers will vary by individual and activity. The College must, therefore, assess whether the individual will be in regulated activity. When volunteers are supervised, they do not generally fall within the definition of regulated activity, and so barred list checks would not be available or required. An unsupervised volunteer, whose presence is frequent and regular, is in regulated activity, and the school should obtain an enhanced DBS certificate with barred list information The DfE has provided guidance on when volunteers can be said to be supervised. This can be found in Annex F to KCSIE 2016: there must be supervision by a person who is in regulated activity (e.g. a teacher or classroom assistant); the supervision must be regular and day to day; and the supervision must be reasonable in all the circumstances to ensure the protection of children (taking into account the age of the children, the number of children, whether or not other workers are helping to look after the children; the nature of the work, how vulnerable the children are, and the level of supervision) Even where a volunteer is not in regulated activity, they may still require other checks which come from having regard to DfE guidance, in particular KCSIE. In summary, the advice is to make decisions about the need for additional, discretionary checks on the basis of an informal risk assessment in relation to the person, the work, the vulnerability of the children and the situation. These could include, for example: references, an informal interview, and checking with the school community for any concerns. Last Reviewed NOV 16 Next Review NOV 17 Page 15 DBA 18-20

16 12.4. One-off volunteers, for day outings, school concerts and such do not require vetting checks but they should not be unsupervised or must not undertake any kind of personal care Volunteers who were already in place when KCSIE was first published (April 2014) should have been checked as required at the time of appointment. The College should consider obtaining new checks if there are concerns. 13. Governors All College Governors should be subject to an Enhanced DBS Disclosure, ID, Overseas and Right to Work in the UK checks. 14. Work Experience and Placements KCSIE advises that barred list checks may be required for people supervising a child under 16 on a work experience placement where the conditions for regulated activity are met, although the duty would be on the employer to complete the check rather than the College. 15. Those Who Do Not Require Vetting Checks It is not necessary to undertake vetting checks on: visitors to the head/other staff or those who have only brief contact with children in the presence of a teacher (although see Policy and Procedure for visiting speakers) visitors carrying out repairs or servicing equipment; pupils aged under 16 on work experience or similar; supervised volunteers (including pupils aged 16 and over on work experience in other schools) unless they undertake personal care; those on the school site when pupils are not present; and students (pupils) aged 18 or over studying as pupils. Individuals returning from maternity leave, sabbaticals or similar, where continuity of employment is maintained, do not need to be checked as new employees, but schools may choose to renew checks if they wish. Similarly, staff with zero-hours contracts that have continuity of service between periods of work do not need to be re-checked on each occasion. 16. Employees of Third Parties (Visiting Professionals) KCSIE advises that individuals working at the College but employed by third-parties (for example, psychologists, nurses, dentists, and other public sector staff) should have been checked by their employing organisation. It is not necessary for schools to see their DBS check (although sometimes it is offered), they need only obtain written confirmation that it and any other appropriate checks have been performed., The College should check identity when an individual arrives to ensure imposters do not gain access to children The same rules apply to CCF instructors, sports referees and equivalent professionals supplied by a central body. Student teachers (unless employed by the school) will have been checked by the supplying university and so schools do not need to complete their own checks, except for identity. Last Reviewed NOV 16 Next Review NOV 17 Page 16 DBA 18-20

17 17. Single Staff Central Register The single central register (SCR) must contain an entry for all current members of staff at the school. This must show the date of the following checks where applicable: Identity; Barred list/list 99 (date of DBS check unless a separate earlier barred list check was undertaken); Professional qualifications; Overseas checks, where applicable; Right to work in the UK; Prohibition from teaching check; Prohibition from management check; Prohibition EEA check; Date of written notification that it or another agency has received an enhanced disclosure, and the date of the disclosure; If applicable, date of written notification of contents of a disclosure or equivalent and receipt by the school of copy of the certificate Checks of employment history e.g. CV/application form, references, DBS, Barred List check, medical fitness declaration, qualifications, disqualification from childcare Self- Declaration (where applicable), Prohibition Checks, Signed receipt of the Safeguarding Induction Booklet, KCSIE, Staff code of Conduct and Child Protection Training should ideally be recorded on the SCR to enable a note of all checks to be recorded in one place This record must be complete for all staff in the College by 1 April The following gives information on how to fill in those gaps. Barred List checks via Teachers Pensions online registration, name, maiden name and date of birth are required to do this Identity Check If the College does not have any evidence of an identity check having been carried out, a nominated person in the College should complete the Identity Confirmation Sheet. It asks an employee or volunteer to bring in documents that support their identity. There are a variety of options, but one document must evidence their current address. Please read the instructions on the form regarding the different groups of documents. Once the documents have been seen the form must be signed and kept on file. This should be recorded on their personal file and logged on the Staff Central Register. It is vital that the College knows who their employees are and have evidence to prove they have made the necessary checks. This confirmation sheet is also used in the DBS application process Right to work in the UK The Asylum & Immigration Pro-Forma (Appendix d) works in much the same way as the Identity Confirmation Sheet. Every employee is required to prove their eligibility to work in the UK. The sheet requests certain identity documents to prove this. Once Last Reviewed NOV 16 Next Review NOV 17 Page 17 DBA 18-20

18 these documents have been seen, it can be logged on the Staff Central Register. The ideal document for this is a current UK Passport (this can also be used for the Identity Check) Qualifications (if required) Qualifications must be evidenced if stated on a person s job specification as essential. If a particular qualification is not needed, then the College does not have to have evidence of it. Some staff may still want to bring in their qualifications. As with the other checks, a copy of the original certificate should be taken. This should then be signed and dated to prove you have seen the original. Some jobs have clear prerequisites such as a Cert-ed, PGCE, NVQ; these must be evidenced on their personal file and logged on the Staff Central Register Professional Registration (if required) Some posts require a professional registration with a regulatory body, such as the General Teaching Council (GTC) etc. This again needs to be evidenced and placed on file, if the person specification states it as an essential prerequisite. As with the other checks, please take a copy of the original certificate and sign and date it to prove you have seen the original (if required) and log it onto the Staff Central Register Overseas Criminal Records Disclosure If a member of staff at the College has lived abroad for a period of time or who comes from another country prior to working in the UK, then a UK DBS Disclosure will not give a full picture in respect of any criminal record they may have. In these cases an overseas Criminal Record Disclosure will need to be applied for as well as a UK DBS Disclosure. It is advisable to discuss with staff to find out if anyone will be eligible for an overseas DBS Disclosure. New staff will have this considered during their preemployment checks. Currently the process for applying for an overseas Criminal Record changes with each country, there are also issues over translation as well Prohibition from teaching & management Checks (if Required) Qualified Teacher Status is not a requirement for Teachers in the independent sector, but the College must check that anyone employed or curry out teaching work is not subject to a prohibition order issued by the Secretary of State. The check is completed using the fee Employer Online Service and can be undertaken on individuals who do not have QTS by searching by name. From 12th August 2015, schools must check whether staff appointed to management positions after that date are subject to a s.128 direction. For staff in regulated activity, the check is done via the DBS; a s128 direction would show on a DBS barred list check Self-Declaration Checks (Disqualification by association) Last Reviewed NOV 16 Next Review NOV 17 Page 18 DBA 18-20

19 Staff can be disqualified by association with others in accordance with the Childcare (Disqualification) Regulations Pre Appointment checks in this regard may be needed for relevant staff, leaders and managers as part of following the KCSIE supplementary advice. Any staff working with students up to and including the age of 8 must complete a Self-Declaration form The College should place importance on the need for accurate and up-to-date records. If a check has been carried out, but there is no evidence recorded, then the check must be carried out again and evidence recorded on the Staff Central Register. 18. Overseas Criminal Records Checks As mentioned before in this guidance, candidates or volunteers who have lived abroad at any time or who have come from another country will not have all of their potential criminal record shown through an UK Enhanced DBS Disclosure. There are only limited records from other countries accessible by the UK DBS. Last Reviewed NOV 16 Next Review NOV 17 Page 19 DBA 18-20