Shrewsbury College. Policy Title. Policy Number Approved By Author. Date Issued January 2013 Policy Owner. Revision History

Transcription

1 Shrewsbury College Policy Title Safeguarding Employment Policy Policy Number Approved By Author HRP031 Date Issued January 2013 Policy Owner Donna Lucas Assistant Principal: Human Resource Development Carmen Housley HR Advisor Donna Lucas Assistant Principal: Human Resource Development Revision History Created: January 2013 Revised: April 2014

2 SAFEGUARDING EMPLOYMENT POLICY 1. POLICY STATEMENT 1.1 Shrewsbury College of Arts and Technology (the College) recognises the relevant legislation that exists to protect young people and vulnerable adults. The College will thus ensure that all employees and all volunteers including Governors, have their criminal records checked and have their suitability to work with children and vulnerable adults confirmed using the Disclosure & Barring Service to enable an assessment of suitability for positions of trust. 1.2 To monitor and manage safeguarding appropriately, Shrewsbury College has a Safeguarding Team who are shown on posters around the College and meet regularly as a group. 1.3 Shrewsbury College is a Further Education College, where its students can use the College facilities to study in their own time and out of usual classroom hours. The College positively encourages this flexibility and therefore, to ensure the safeguarding and welfare of all children and vulnerable adults, requires all of its staff members, volunteers and governors to have a DBS check. A Volunteer is defined under the Police Act 1997 (Criminal Records) Regulations 2002 as: a person engaged in an activity which involves spending time, unpaid (except for travel and other approved out-of-pocket expenses), doing something which aims to benefit some third party other than or in addition to a close relative. 1.4 In the interest of safeguarding staff ID cards must be worn at all times 1.5 The College encourages an open and honest approach to its practice. Concerns should be discussed as per the Whistleblowing policy. OfSTED operate a safeguarding whistleblowing hotline which is Where employees wish to report concerns to OfSTED about practices and procedures for the safeguarding of children and young people they should call this number. Employees have a duty under the Childrens Act 2004 to put children first and under the Safeguarding Vulnerable Groups Act 2006 (SVGA) to tell their safeguarding officer of any concerns. Where employees wish to call the whistleblowing hotline, Shrewsbury College would always encourage them to declare any concerns to the safeguarding officer/team also. 1.6 The College also aims to promote equality of opportunity and diversity in its workforce, and recognises that those with certain criminal records should be treated fairly and given every opportunity to establish their suitability for employment/placements. The College thus selects for appointment on the basis of skills, qualifications, experience and attitude. Criminal records will be taken into account for recruitment and selection purposes only when they are relevant. A DBS check is required for all roles within the College due to the nature of our operation, which is considered to be regulated activity. 1.7 The College is committed to and complies with the Code of Practice and Explanatory Guide for Registered Persons and other Recipients of Disclosure Information, published by the DBS. Subjects of DBS checks can, if they wish, examine a copy of this Code on request to Human Resources (HR). The College s lead signatory is the Assistant Principal - Human Resources Development. 1.8 The College takes safeguarding very seriously and where there is a conflict or potential conflict between seeking to protect young people/ vulnerable adults and providing employment/placements to those with criminal records, the College will always seek to put the protection of young people/vulnerable adults first. Section 5 sets out how Disclosures will be managed. 2

3 1.9 In protecting all our students the College also has to consider those people we enrol to study on the premises. All potential students are asked to complete an enrolment form prior to the start of their chosen course/study. This form asks the student to declare any criminal convictions. If convictions are decared then the students suitability to study will then be assessed by the safeguarding team. 2. RELEVANT LEGISLATION 2.1 Rehabilitation of Offenders Act 1974 (ROA) The ROA was introduced to ensure that ex-offenders who have not re-offended for a defined period of time since the date of their conviction are not discriminated against when applying for jobs. The act means that the ex-offender is not required to inform organisations of convictions that have become spent unless the post they are applying for is exempt. Cautions, reprimands and final warnings are not considered to be criminal convictions but may be considered by organisations in relation to exempted posts Certain organisations are, because of the nature of their work, legally entitled to ask applicants for details of all convictions, irrespective of whether or not they are spent under the ROA. The College is such an organisation and thus includes in its application forms the following statement: As Shrewsbury College of Arts and Technology meets the requirements in respect of exempted questions under the Rehabilitation of Offenders Act 1974 all applicants who are offered employment will be subject to a DBS check from the Disclosure and Barring Service before the appointment is confirmed. This will include details of cautions, reprimands or final warnings, as well as convictions. The College also has legitimate interest status under SVGA Having a criminal record will not necessarily bar a person from working for us. This will depend on the nature of the position applied for and the circumstances and background to the offence. The College has a written policy on recruitment of ex-offenders. A copy is available from Human Resources. 2.2 Police Act 1997 (PA) Part V of the PA includes measures that enable organisations in England and Wales, irrespective of whether they are able to ask exempted questions under the ROA, to obtain criminal record information about prospective employees and volunteers from a central source, the DBS. This information is in the form of a DBS check. DBS checks are only provided for positions listed in the Exceptions Order to the ROA. All positions at the College are exempted. 2.3 Sexual Offences (Amendment) Act 2000 (SOA) Under the SOA the offence of abuse of trust is created where a person aged 18 or over engages in any sexual activity with, or directed towards, a person under 18, if the person aged 18 or over is in a position of trust in relation to the younger person. The offence applies to those in positions that involve looking after young people in education. 2.4 Safeguarding Vulnerable Groups Act 2006, as amended by The Protection of Freedoms Act 2012 The Protection of Freedoms Act 2012 supported the scaling back of the preceding criminal records system to more proportionate levels, whilst ensuring a continuation of effective protection for those who needed it. The Act was shaped to make provision for the safeguarding of vulnerable groups and about criminal records including provision for the establishment of the Disclosure and Barring Service and the dissolution of the Independent Safeguarding Authority. 3. DBS CHECK STANDARDS 3.1 A DBS check can provide access to a range of different types of information, such as, information held on the Barred Lists, the Police National Computer (PNC), including Convictions, Cautions, Reprimands and Warnings in England and Wales, and most of the relevant convictions in Scotland and Northern Ireland may also be included. (The DBS reserves the right to add new data sources). 3

4 3.2 DBS checks are required for all those working at the College in any role that involves regular care for, and/or training or supervision of, and/or being in sole charge of those aged under 18 or who require such support that would lead to them being considered a vulnerable adult. As the College considers itself a regulated activity provider, Enhanced DBS checks will be sought for all roles, except for those roles that do not have any responsibility for students, in any capacity and/or do not have any access to student data. 4. DBS CHECK APPLICATION PROCESS 4.1 In exceptional circumstances and with appropriate risks assessed, an employee may be permitted to commence their employment prior to their DBS check being received. The risk assessment should state the safeguards that will be put in place whilst the College is waiting to receive the DBS check. An example of a safeguard would be for the new staff member to team teach or be shadowed until the DBS check arrives. 4.2 Once the candidate has been conditionally selected for appointment to a position, paid or unpaid, they will be required to complete the DBS application form. The College will endorse and countersign the application accordingly, dependant on the persons role and the barred lists it requires the DBS to check. Where a volunteer is on a teaching placement at Shrewsbury College, the College may choose to accept the DBS check for the volunteer raised at the University upon enrolling on the teaching course. 4.3 It is the responsibility of HR to ensure that all employees and volunteers complete the DBS application form. To enable this to happen it is the responsibility of line managers to notify HR of any person working in their area as an employee/volunteer, at any location. Not informing HR of a person working/volunteering in an area of the College is gross misconduct, and will be subject to the College s disciplinary procedure. 4.4 The application form must be completed in full accord with both the DBS and college guidance provided with it. A copy of the college guidance is included at Annex A. The form must be returned to HR (employees/volunteers) within seven days of issue. Failure to comply with this requirement may lead to withdrawal of the conditional offer of employment/placement. 4.5 The College requires sight of the original documents set out in Annex A. Applications for DBS checks must be counter-signed by one of the College s nominated countersignatories: for prospective employees and volunteers: the HR Advisor or the HR/Payroll Advisor Where an applicant claims to have changed their name by deed poll or by any other means (marriage, adoption, statutory declaration) the College will require sight of evidence of this change. 4.6 HR will send forms for prospective employees and volunteers to the DBS for processing. If the DBS require any further information, they may contact the applicant directly. The DBS will send the DBS check to the applicant and the applicant is required ro bring the check into HR within five days of receipt. Failure to do so may result in disciplinary action being taken against the employee. 4.7 At present the DBS application form only comes in one printed format. If anyone has problems completing the form, please contact Human Resources and they will assist you with the completion. 5. MANAGEMENT OF DBS CHECKS 5.1 No employment/placement will be confirmed until the College is satisfied that the DBS check process has been completed and that any concerns arising from the DBS have been addressed, to its satisfaction. 4

5 5.2 Where the DBS check is entirely clear the appointment/placement will be confirmed (subject also, for employees, to the receipt of satisfactory references and medical report see Resourcing Policy and Process). 5.3 Where the DBS check states that the applicant/volunteer is unsuitable to work with children or vulnerable adults, they will not be appointed or placed under any circumstances. The Assistant Principal Human Resources Development will write to the applicant/volunteer to withdraw the offer of employment/placement. 5.4 Where the DBS check indicates a potential for future misconduct, or is inconsistent with information already revealed by the applicant/volunteer, the appointment/ placement will be suspended until any issues are resolved to the satisfaction of the Assistant Principal Human Resources Development/Manager, as appropriate. The Assistant Principal Human Resources Development/Manager, as appropriate, will discuss any concerns with the applicant/volunteer, who will be given an opportunity to explain/comment before a decision is made. A note of the meeting will be made and retained by HR. 5.5 In determining whether information revealed by a DBS check should lead to withdrawal of an offer of employment/placement, the Assistant Principal Human Resources Development/Manager, as appropriate, will complete a risk assessment which considers the following: whether the conviction or other matter revealed is relevant to the position in question, or the context in which that position operates the seriousness of any offence or other matter revealed the level of supervision the person would be subject to the length of time since the offence or other matter occurred the circumstances surrounding the offence whether the applicant has a pattern of offending behaviour or the other relevant matters whether the applicant s circumstances have changed since the offending behaviour or other relevant matters whether the offence has since been decriminalised by Parliament any explanation offered by the applicant any references provided 5.6 There will be no formulaic approach to making a decision. The Assistant Principal Human Resources Development/Manager, as appropriate, will use their judgement in weighing each of the above factors. Where there is a conflict or potential conflict between seeking to protect young people/vulnerable adults and providing employment/placements to those with criminal records, the College will always seek to put the protection of young people/vulnerable adults first. No-one with a conviction for a sex offence will be employed/placed by the College. 5.7 If the DBS check reveals information deemed sufficiently serious to withdraw an offer of employment/placement, the college, as appropriate, will confirm the offer is withdrawn to the applicant/volunteer in writing. The employee/volunteer will have the right to appeal against this decision to the Principal. The appeal must be made in writing within seven days of the date of the withdrawal notification. The decision of the Principal will be communicated in writing and is final. 6. EXISTING EMPLOYEES 6.1 The College considers a DBS check to be mandatory for all staff, volunteers and governors. Failure to apply for a DBS check, or within the timeframe arranged will; for employees, lead to summary termination of employment, and be managed in line with the College s disciplinary procedure for volunteers, lead to summary termination of placement with the College for Governors, lead to Corporation review 5

6 6.2 All employees, volunteers and governors of Shrewsbury College will have a DBS check in place. The College reserves the right to check for changes to a persons DBS check at any point. 6.3 If it is discovered or genuinely believed that an existing employee has failed to declare a spent or unspent conviction, caution, reprimand, or final warning, whether prior to or during the course of their employment, the College will check for changes to their DBS check. Failure to inform the College of convictions, cautions, reprimands or warnings may lead to summary termination of employment for gross misconduct, managed in line with the College s Disciplinary Procedure. 6.4 Where the DBS check indicates a potential for future misconduct, or is inconsistent with information already revealed by the employee, the Assistant Principal: Human Resources Development will discuss any concerns with the employee in accord with the provisions of the College s Disciplinary Procedure The Assistant Principal: Human Resources Development s decision will be made in accord with the provisions of the College s Disciplinary Procedure, which will also govern any appeal. Where the DBS check states that the applicant s/volunteer s name appears on the Barred Lists of those considered unsuitable to work with children or vulnerable adults, they will have their employment summarily terminated. The College has issued a document called the Safe Working Practice Document that is available from HR and SharePoint. This document aims to provide guidance for maintaining entirely proper and professional relationships with learners and avoid situations that may lead to allegations. It is vital that those who work with students are familiar with these documents and inform HR of any potential safeguarding situation they become aware of. It is also important for staff to inform HR of any safety concerns they have with students as staff should not be subject to harassment from students. The College understands the stress and anxiety a member of staff may feel during a safeguarding investigation. When managing a safeguarding investigation the College will do so in a professional, timely and sensitive manner with due regard to providing support to all those concerned. 7 DUTY TO REFER The Safeguarding Vulnerable Groups Act (SVGA) 2006 places a duty on employers of people working with children or vulnerable adults to make a referral to the DBS in certain circumstances. This is when an employer has dismissed or removed a person from working with children or vulnerable adults (or would or may have if the person had not left or resigned etc.) because the person has: 1. Been cautioned or convicted for a relevant offence; or 2. Engaged in relevant conduct in relation to children and/or vulnerable adults [i.e. an action or inaction (neglect) that has harmed a child or vulnerable adult or put them at risk of harm]; or 3. Satisfied the Harm Test in relation to children and/or vulnerable adults. [i.e. there has been no relevant conduct (i.e. no action or inaction) but a risk of harm to a child or vulnerable adult still exists]. The DBS provide extensive guidance notes to support the referral process. When a situation satisfies the above criteria the College must always refer to these notes. A copy of these notes and a referral form are available from Human Resources. See Annex B for the College DBS referral process map. 6

7 8. DISCLOSURE AND INFORMATION SECURITY 8.1 The College will treat DBS checks with care and responsibility and will keep them secure. Information contained within a DBS checks i.e. date and check number will be kept in locked filing cabinets or desks, access to which is limited to the lead and countersignatories. 8.2 The College will ensure that DBS check information is made available only to those who need to have access in the course of their duties: for potential employees/volunteers: o lead signatory o HR counter-signatories o when addressing any concerns: potential line manager and the Principal 8.3 The College recognises that inappropriate sharing of a DBS check is a criminal offence under Section 124 of the Police Act The College will regard this as a serious offence, and will take appropriate disciplinary action. 8.4 The College will retain the essential and permitted information from a DBS check and the check will be retained by the College securely for the life of the Personnel File. The DBS check will be confidentially destroyed as soon as this information is recorded. Where necessary the College may consider keeping the original check for up to six months after the date received, although the check would be confidentially destroyed upon resolving any issue. If the College believes that it exceptionally needs to retain a DSB check for a longer period, it will consult the DBS. For employees, the position applied for, date and reference number of the DBS check, will be securely recorded on the HR Information System. Where risk assessments have been completed regarding information contained within a DBS check, it would be securely filed, away from the personnel file. 9. GUIDANCE AND ADVICE 9.1 The College will ensure that those involved in the recruitment/placement processes have access to appropriate guidance on application of this policy and the processes to support it. 9.2 A copy of this policy will be given on request to all applicants for a DBS check. 9.3 Advice is available from: for employees: Donna Lucas Assistant Principal: Human Resources Development Carmen Housley HR Advisor Louise Yates Senior HR Advisor EQUALITY AND DIVERSITY POLICY OF THE COLLEGE This Policy has been subject to an Equality and Diversity Impact Assessment. All individuals will be treated equally and fairly in the application of this Policy. All reasonable requests to accommodate requirements in terms race, age and disability will be accommodated, as long as is it is practicable to do so. 7

8 ANNEX A GUIDE TO COMPLETING THE DISCLOSURE AND BARRING SERVICE (DBS) APPLICATION FORM Shrewsbury College requires all staff, volunteers and Governors to be have an appropriate DBS check in place. If you would like individual support completing this application form, please contact Carmen Housley on for an appointment. Shrewsbury College cannot process a DBS application form without having sight of the appropriate and original identification documents. PLEASE READ THE FRONT PAGE OF THE APPLICATION FORM CAREFULLY AND FOLLOW THE INSTRUCTIONS GIVEN. Use black ink Write in CAPITAL LETTERS Complete all sections highlighted in yellow Put a line through a mistake and correct it to the right Mark choices with an X You must provide a five year address history DO NOT USE CORRECTION FLUID, if any is found on the form the DBS will immediately reject your form WHAT HAPPENS NEXT? Your original identity documents are to be checked by Human Resources. You can post the original identity documents with the application form to Human Resources where they will be checked and returned to you immediately by recorded delivery. You can also bring the completed form and original identity documents to Human Resources where they will be checked and returned to you immediately. PLEASE ENSURE YOU BRING OR SEND YOUR ORIGINAL IDENTITY DOCUMENTS WITH THE COMPLETED FORM TO AVOID DELAYS IN OBTAINING YOUR DBS CHECK. A DELAY IN OBTAINING A DBS CHECK WILL AFFECT THE START DATE OF YOUR EMPLOYMENT. If you are transgender, you can contact the DBS direct about the application and processing of your DBS check to ensure confidentiality. Please contact them at sensitive@dbs.gsi.gov.uk or by calling giving them your name, address, phone number and inform them that you have been offered employment at Shrewsbury College and that you would like to discuss the DBS application process with them. Someone from the DBS will contact you as soon as possible. There is no requirement for you to disclose that you are transgender to Shrewsbury College. 8

9 You are required to send three forms of original identification to Human Resources as follows; one item of identification from Group One below two further forms of identification from either Group One or Two below - one of which must confirm your current address If you are unable to produce the documents required here please call Carmen Housley on for alternative combinations. Group 1 Current valid Passport UK or EEA or (Non-EEA in combination with a Biometric Residence Permit/current Work Permit) Biometric Residence Permit (UK) Current Driving Licence (UK) (Full or provisional) Isle of Man /Channel Islands Driving licence, Photo card only (a photo card is only valid if the individual presents it with the associated counterpart licence; except Jersey) Birth Certificate (UK & Channel Islands) - issued within 12 months of date of birth; Full or short form acceptable including those issued by UK authorities overseas, such as Embassies, High Commissions and HM Forces Group 2a Trusted Government/State Issued Documents Current valid Passport (UK, EEA or Non-EEA) Current UK Driving licence (Photo card or old style paper version) Biometric Residence Permit (UK) Birth Certificate (UK & Channel Islands) - issued after 12 months of date of birth Certified copy of Birth Certificate (UK and Channel Islands) issued after 12 months of date of birth Marriage/Civil Partnership Certificate (UK) Adoption Certificate (UK) HM Forces ID Card (UK) Fire Arms Licence (UK) Group 2b Financial/Social History Documents Mortgage Statement (UK)** Bank/Building Society Statement (UK)* Credit Card Statement (UK)* Financial Statement ** - e.g. pension, endowment, ISA (UK) P45/P60 Statement **(UK & Channel Islands) Council Tax Statement (UK & Channel Islands) ** Work Permit/Visa (UK) (UK Residence Permit) ** Utility Bill (UK)* Not Mobile Telephone Benefit Statement* - e.g. Child Allowance, Pension A document from Central/ Local Government/ Government Agency/ Local Authority giving entitlement (UK & Channel Islands)*- e.g. from the Department for Work and Pensions, the Employment Service, Customs & Revenue, Job Centre, Job Centre Plus, Social Security EU National ID Card Cards carrying the PASS accreditation logo (UK) Please note: If a document in the List of Valid Identity Documents is: denoted with * - it should be less than three months old denoted with ** - it should be issued within the past 12 months not denoted it can be more than 12 months old. 9

10 10