EMPLOYEE RELATIONS SERVICE

SAFE RECRUITMENT ADVICE FOR SCHOOLS

In June 2006, Ofsted published a report on the evaluation of procedures for checking staff appointed in Schools.

Clearly identified was the requirement for all schools to have:

  • Clear priorities for safeguarding and promoting the welfare of childrenexplicitly stated in strategic policy documents
  • Recruitment and human resources management procedures that takeaccount of the need to safeguard and promote the welfare of childrenand young people including arrangements for appropriate checks onnew staff and volunteers.
  • Sound Record Keeping procedures

Schools must:

• establish and be secure in the identity of staff, or assure themselvesthat others who employ or supply staff have done so

• verify the authenticity of the qualifications of staff

• establish which staff require checking against List 99 and with theCriminal Records Bureau, and then ensure that this is done

• maintain an up to date record of staff which displays evidence that thethree tasks above have been carried out, and when

• take advantage of the online training available from the NationalCollege for School Leadership for headteachers and governors, andbeheld to account for not doing so

In addition, Schools must also check eligibility to work in the UK

  • Under the Asylum and Immigration Act 1996 it is a criminal offence to employ someone without entitlement or permission to work in the UK. Section 8 of the Asylum and Immigration Act 1996 requires all employers in the UK to make basic document checks on every person before they start work to help ensure that they do not employ illegal workers. Employers incur a fine of £5000 for employing an illegal worker.
  • To ensure that recruitment practices are not discriminatory, all applicants regardless of their colour, race, nationality or ethnic or national origin will be asked to produce documents as evidence of their right to work. For more information and guidance on appropriate documentation, please see:

There are a number of informative documents that can provide guidance on how to promote a safe environment in an educational setting. Schools are encouraged to put into practice the recommendations contained in the following guidance documents to protection both children and staff.

DfES Guidance

Safeguarding Children and Safer Recruitment and Selection in Education
(DfES 1st January 2007 Ref: 04217-2006BKT-EN)

Summary of Guidance:
This document sets out the responsibilitiesof all local authorities, schools and FurtherEducation (FE) colleges in England tosafeguard and promote the welfare ofchildren and young people. It sets outrecruitment best practice, someunderpinned by legislation, for the school,local authority, and FE education sectors.
This guidance is also relevant for supplyagencies which supply staff to theeducation sector, contractors who work ineducation establishments responsible forunder 18s, as well as other providers ofeducation and training for those under 18funded by the Learning and Skills Council(LSC). The document also details theprocess for dealing with allegations ofabuse against staff.
This guidance does not cover therequirements of the new vetting andbarring scheme to be introduced under theSafeguarding Vulnerable Groups Act 2006.These will be phased in from 2008, andupdated guidance will be prepared indue course.
This guidance replaces:
  • Child Protection: Preventing UnsuitablePeople from Working with Children andYoung Persons in the Education Service;
  • Criminal Records Bureau: Managing theDemand for Disclosures;
  • Safeguarding Children in Education;
  • Safeguarding Children: Safer Recruitmentand Selection in Education Settings;
  • Dealing with Allegations of Abuse againstTeachers and Other Staff.
  • Checks on Supply Teachers which wasissued in September 2004
  • Circular 7/96,Use of Supply Teachers.
It is vital that schools and other education establishments adopt recruitment and selection procedures and other Human Resources management processes that help to deter, reject, or identify people who might abuse children, or are otherwise unsuited to work with them. This guidance provides advice about practice that should be followed to achieve that. It aims to assist all schools to review and, where appropriate, modify their practice and procedure in ways that will strengthen safeguards for children by helping to deter and prevent abuse.
The guidance has been produced to accompany and support the on-line training introduced in response to Sir Michael Bichard’s recommendation that Head teachers and school governors should receive training to ensure that the process of appointing staff reflects the importance of safeguarding children
Guidance on Safer Recruitment

Summary of Contents
Appointment of staff
An important part of child protection is for employers to have appropriate procedures for appointing staff within the education service. Employers should ensure that their recruitment procedures include a check of the possible criminal background of people who will have substantial unsupervised access to children and young people, and a check of the Department for Education andSkills List 99.
Pre-appointment checks
The DfES advises that the following checks should be made on all people who seek appointment to positions which will bring them into contact with children and young people:
  • Identity
  • Academic qualifications
  • Professional and character references
  • Previous employment history
  • Criminal record check
  • List 99
  • Health
The following link details the comprehensive list of valid identity documents:

Criminal Records Bureau (CRB)
The CRB provide criminal record checks for people working with children and young people, reducing the risk that unsuitable people can gain employment with children. The CRB aims to help employers and voluntary organisations make safer recruitment decisions through a service called Disclosure. Employers can ask successful candidates to apply to the Bureau for a Disclosure, which will contain information about their criminal record. The Bureau issues three types of Disclosure, each representing a different level of check. The level of check is determined by the duties of the particular position or job involved. The CRB will advise applicants and employers what type of Disclosure is appropriate in individual cases. However, in general, work with children and young people,or vulnerable adults qualify for the most detailed checks.
List 99
List 99 is a confidential document, maintained by the DfES, which contains the details of people whose employment in the education sector has been barred or restricted by the Secretary of State. Teachers cannot be registered with the General Teaching Council if they are barred from teaching because they are on list 99.
Training
The criteria governing all courses of initial teacher training require newly qualified teachers to develop a working knowledge of their contractual, legal, administrative and pastoral responsibilities as teachers. Courses of awareness and recognition of child abuse and the need for the education service to work together with the statutory agencies is a matter for individual institutions. Schools and LEAs may wish to include coverage of child protection issues in their induction training for newly qualified teachers.
Designated teachers need appropriate, practical in-service training to enable them to carry out their duties effectively
Guidance on Criminal Records Disclosure Bureau

Summary of Contents
For more information about the CRB and disclosure.
NCSL Safer Recruitment on-line training

Safe Recruitment training offered by the National College of School Leadership for all headteachers and the nominated Governor for Child Protection. *Essential and Important.
It is highly recommended and expected that at least one member of any interview panel will have undertaken the NCSL Safe Recruitment training.
Working Together to Safeguard Children

Summary of Contents
Working Together to Safeguard Children sets out how individuals and organisations should work together to safeguard and promote the welfare of children. The guidance has been updated since the previous version which waspublished in 1999.The new versionreflects developments in legislation, policy and practice.
The guidance is addressed to all practitioners and front-line managers who have particular responsibilities for safeguarding and promoting the welfare of children, and to senior and operational managers in organisations that are responsible for commissioning or providing services to children, young people, parents and carers.
It is also addressed to senior and operational managers in organisations that have a particular responsibility for safeguarding and promoting the welfare of children. However, it is not necessary for all practitioners to read every part of the guidance -the table on pages 19-20 sets out which parts of the document are particularly relevant to different roles.

RECORD KEEPING ADVICE FOR SCHOOLS

Letter from DfES to Schools June 2006

Summary of Contents
Alan Johnson, Secretary of State for Education and Skills announced new measures to tighten record keeping procedures in schools, following a Government commissioned report from Ofsted which looked at the recruitment checks schools and local authorities were carrying out. Ofsted’s report, Safeguarding Children – An evaluation of procedures for checking staff appointed by schools, can be found at We strongly urge you to read it.
The report is very positive about the strength of commitment to safeguarding children from everyone surveyed. However it also shows that more needs to be done to ensure that schools keep proper records of the checks that have been made. We have already taken steps to strengthen the system by making mandatory from 12 May that all newly appointed school employees must be Criminal Records Bureau (CRB) checked
Letter from DfES to Schools July 2006

Summary of Contents
This letter seeks to set out clearly the purpose of and context for checking staff and for Record Keeping requirements.
The purpose of the exercise is to ensure that every school compiles a single, central record for all people working in or with the school where existing guidance requires a number of checks to be undertaken. In asking schools to compile this record now, it is not the intention that schools should gather evidence of checks on people beyond those which were required by DfES regulations and guidance at the date the person was recruited, whether as a staff member or volunteer or other role working at the school.
The letter details:
For whom the school needs to have a record – appendix 1;
• What that record should contain – a pro forma is attached which you may find useful, although you may prefer to use your own approach –
appendix 2;
• How the schools should gather evidence of identity, qualifications and that appropriate Criminal Records Bureau (CRB) and or List 99 checks have
been made – appendix 3;
• A flow chart to help schools work through the steps in how to create a single central record of checks – appendix 4;
• Some Q and As which we hope you will find of help in undertaking this exercise –
• A note on qualifications and QTS – appendix 6; and
• A note on overseas staff and work permits – appendix 7
Letter from DfES to Schools 31st October 2006

OFSTED REPORT: "SAFEGUARDING CHILDREN: AN EVALUATION OFPROCEDURES FOR CHECKING STAFF APPOINTED BY SCHOOLS"
PROCESS FOR UNDERTAKING THE RE-CHECKS NECESSARY TO COMPLETETHE RECORD
Summary of Contents
• A step by step process for schools – Annex 1
• An aide memoire on applications for CRB checks. Many applications for CRBchecks are returned because of easy-to-avoid errors. The enclosed aidememoire includes tips
to help schools and local authorities avoid applicationsbeing returned because of simple errors – Annex 2
• Some further Frequently Asked Questions (FAQs) on submitting the additionalCRB and List 99 checks – Annex 3.
OfSTED – June 2006 – HMI 2647
Safeguarding children - An evaluation of procedures for checking staff appointed by schools

Summary of Contents
The report sets out findings from a survey to investigate schools’ and othereducation and care providers’ systems for checking the staff they appoint.
It identifies confusion about procedures and problems with record-keepingand guidance, but also includes examples of good practice.
DfES – Frequently Asked Questions on Record Keeping

ADDITIONAL INFORMATION

DfES/ IRSC Guidance
Guidance for Safe Working Practice for the Protection of Children and Staff in EducationSettings

Summary of Contents
Staff working in education settings have expressed concern about their vulnerability and have requested clearer advice about what constitutes illegal behaviour and what might be considered as misconduct. They have asked for practical guidance about which behaviours constitute safe practice and which behaviours should be avoided.
This document has been produced in response to these concerns. It seeks to ensure that the duty of care towards pupils and staff ispromoted by raising awareness of illegal, unsafe and unwise behaviour. It is hoped that it will also assist staff to monitor their own standards and practice.
The guidance will also support employers in giving a clear message that unlawful or unsafe behaviour will not be tolerated and that where appropriate, legal or disciplinary action is likely to follow.
DfES/IRSC Guidance
A Self-Review Tool for Safeguarding and Child Protection in Schools

Summary of Contents
Written to assist Governing Bodies and Headteachers in reviewing arrangements for carrying out their functions with a view to safeguarding and promoting the welfare of children.