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Safe and Fair Recruitment The safe and fair recruitment of employees is the first step to safeguarding and promoting the welfare of children and vulnerable adults. The purpose of a safe and fair recruitment process is to help deter, reject or identify people who are unsuitable to work in specific roles.
As a matter of course, the recruitment process outlined in the Recruitment, Induction and Appointment procedure should be followed. Relevant pre-employment checks for the role should be received and deemed to be satisfactory before the individual starts work. Allowing an individual to start work without the necessary pre-employment clearances is a disciplinary matter. Appendix A provides a comprehensive list of pre-employment checks.
In line with the "Keeping Children Safe in Education" guidance, additional actions are needed when the work will be undertaken within an education setting such as a school, college or maintained nursery school. As a minimum, the following approach must be taken:
• Application forms should be scrutinised before shortlisting is undertaken for any gaps in employment. These should be discussed with the candidate and accounted for during the interview.
• Two written references should be taken up, ideally before interview so that any concerns that are raised through the reference process can be discussed with the candidate at interview. All references should be scrutinised and any concerns resolved before appointment is confirmed. Recruiting managers can contact the referee for further clarification as a appropriate.
• Interviews should be undertaken face to face.
• Prior to employment, all essential qualifications and registrations for the role must be verified.
• The relevant pre-employment checks for the role must be carried out. This includes a DBS check. See Appendix A
The following resources and templates support this part of the Safer Employment and Criminal Convictions procedure:
Request additional resources / templates
If there are any additional resources or templates that you feel would be beneficial, please let us know by contacting a member of the People Management Service.
When an applicant has a Criminal Conviction
It is recognised that in order to appoint on merit, and to comply with legislation, we must consider candidates for employment from the broadest range possible, which includes ex-offenders. Obtaining a job is an essential part of successful rehabilitation. Further information on the Rehabilitation of Offenders Act can be found in Appendix C.
Anyone with a criminal record should not automatically be ruled out of any appointment process. If, through the recruitment or pre-employment process it comes to light that a candidate has a criminal conviction or caution, the recruiting manager must discuss the matter with the successful candidate and complete a risk assessment, which will form part of the process for considering their suitability for employment.
Criminal conviction and offence information provided on a DBS certificate is often very limited, providing the offence category and sentencing / penalty information only. It does not provide context to the incident. For example, "Sexual Offences" can range from urinating in the street to indecent assault, rape and other very serious offences.
When an individual has a criminal conviction and needs a risk assessment, they are encouraged to be open and transparent about it. Where possible, individuals should look to provide any additional evidence which can corroborate their description of events and provide more details about the seriousness of the incident. For example, to support their case, the individual may wish to provide the police incident report or court information etc. This is especially encouraged in cases where the individual has received more than caution as a sanction.
Once the manager has completed the risk assessment details, it should be considered by the Assistant Director or Head teacher. An offer of employment will be withdrawn if the risk assessment indicates the appointment is unsuitable due to the nature of the incident in question, or if an applicant concealed or failed to disclose a relevant criminal conviction. The Assistant Director / Headteacher has responsibility for making this decision following advice from People Management / HR Provider, the Local Authority Designated Officer (LADO) or Position of Trust Lead.
The risk assessment can be found in Appendix D.
All Assistant Directors will have received appropriate training, updated on an annual basis on carrying out risk assessments and assessing an individual's suitability for employment where there is cause for concern about that individual working with children and/or vulnerable adults.
The following resources and templates support this part of the Safer Employment and Criminal Convictions procedure:
Link to Appendix C of the Procedure
Link to Appendix D of the Procedure
Request additional resources / templates
If there are any additional resources or templates that you feel would be beneficial, please let us know by contacting a member of thePeople Management Service.
The failure to disclose an unspent conviction could be seen as a deliberate attempt to gain employment by deception, and as such would result in the withdrawal of any conditional offer of employment.
It is important to note that there are a number of criminal offences in place to deter and prevent barred people from working in regulated activities. These offences can not only be committed by individual workers but also by the employers and employment agencies who give barred individuals access to regulated activities. If a manager/Headteacher becomes aware that an offence has been committed then they should seek advice from People Management/their HR Provider/LADO immediately as it may be appropriate to refer the matter to the police.
There are currently no template letters or resources available for this step of the Safer Employment and Criminal Convictions procedure.
However if there are any resources or templates you feel would be beneficial, please request these by contacting a member of the People Management Service.
The table below provides a list of pre-employment checks applicable for safeguarding appointments. The type of pre-employment check required is dependent on the role and setting the employee will be working in.
Types of Pre-employment check | Further details | Applies to |
Right to Work in the UK |
To check if someone can work in the UK, and find out what documentation needs to be provided and copied, please access the tool below:
Link to:Right to work in the UK tool | All employees
|
2 References | Satisfactory references to be received prior to appointment. For those working in an education setting, the references would ideally be requested prior to interview so any issues / gaps can be discussed at interview. | All employees
|
Occupational Health Clearance | Outlining the fitness for the candidate to work in the role and any reasonable adjustments to accommodate the appointment. | All Employees |
Proof of relevant qualifications | The qualifications needed to undertake the role as outlined in the role profile and post specification | All Employees |
Teacher Services Checks | Teacher Services Checks are needed prior to employing a teacher. They cover
| Teaching Roles only |
Childcare (Disqualification) declaration | Pre-employment declaration form confirming the prospective employee is not disqualified from working with children of a particular age group in schools. For more information see Appendix E | Individuals providing childcare and working with particular age groups
Peripatetic /supply staff who could provide childcare for this age group during their employment |
Proof of relevant registrations or licenses | Certain roles require registrations or licences before an individual can work in the service.
For example: · CQC registration for health and social care roles · HCPC / GSCC registration for Qualified Social Workers and Occupational Therapists If any candidates are under investigation by their regulated body, CCC would normally require the candidate's investigation to conclude and have an outcome before a judgement can be made regarding this pre-employment clearance.
| Relevant roles only as outlined in the post specification |
DBS Check | Those working in roles that are eligible for a DBS check require DBS check before commencement. Types of check: · Standard DBS · Enhanced DBS · Enhanced with barred lists (children's and /or adults)
When certificates are received, managers / headteachers should complete Appendix B. | Relevant roles only as outlined in the post specification |
Alternative DBS
Update Service Check | This check replaces the need for a DBS, but can only be applied to candidates who are registered with the DBS update service. See below for more detail.
Update Service consent form is available in Appendix B | Relevant roles only as outlined in the post specification |
Statement of good conduct | The DBS cannot access overseas criminal records. Where a candidate has spent time living or travelling abroad it is the applicants' responsibility to obtain a Record of Good Conduct from the appropriate country. Failure to do so may result in any offer of employment being rescinded. Advice must be sought from People Management/HR Provider
Link to: How to apply for a statement of good conduct
This check may be needed in addition to a DBS check.
| Posts requiring a DBS Check |
Interim Check
DBS Adult First Check | This can be used in exceptional circumstances only, to confirm whether a person can start work, under supervision before the results of the enhanced check are received. People Management / HR Provider must be consulted in these circumstances and approval for this check must be signed off by the Assistant Director / Head teacher. See below for more detail. | Roles eligible for an enhanced DBS check with Adults barred list only |
The following resources and templates support this part of the Safer Employment and Criminal Convictions procedure:
Request additional resources / templates
If there are any additional resources or templates that you feel would be beneficial, please let us know by contacting a member of the People Management Service.
Changes to the job / Internal Movers / Portability
If an individual transfers to another role within Cumbria County Council, a Community School or Voluntary Controlled School, their move is classed as an internal move and their DBS will be transferable. This is provided that a) they have been working regularly in the position, b) there is no gap in employment and c) the same level of clearance is needed between their old and new role.
However, if the level of DBS clearance needed between their old and new role is different, managers need to consider if a new DBS check is needed. For example, if an existing employee has had a standard DBS check and they move to an internal position that requires an enhanced check, they will need a new DBS check as the level of clearance needed in the new role is higher than their existing role.
DBS checks are not "portable" where the individual changes employer, unless the individual is registered with the DBS Update Service. See appendix A for more details on the update service.
A tool to help assess if a new DBS is needed can be found in Appendix E.
Resources and ICT Access
When individuals move roles or are suspended / redeployed from duty, consideration needs to be given to the resources, equipment and ICT systems they have access to. Managers must take the appropriate steps to ensure that employees have relevant and appropriate access to what is required in the course of their employment, e.g. access to an ICT system is removed or uniforms are retrieved when an individual moves roles or leaves.
The following resources and templates support this part of the Safer Employment and Criminal Convictions procedure:
Link to Appendix F of the Procedure
Request additional resources / templates
If there are any additional resources or templates that you feel would be beneficial, please let us know by contacting a member of the People Management Service.