Recruitment, Selection and Disclosures Policy and Procedure

Transcription

1 Recruitment, Selection and Disclosures Policy and Procedure References: ISI Commentary on the Regulatory Requirements September 2016 DfE Statutory Guidance 'Keeping Children Safe in Education', September 2016: Disqualification under the Child Care Act Prevent Duty Guidance for England and Wales 2015 Dolphin School is committed to ensuring the best possible environment for the children and young people in its care. Safeguarding and promoting the welfare of children and young people is our highest priority. The School aims to recruit staff that share and understand our commitment and to ensure that no job applicant is treated unfairly by reason of a protected characteristic as defined within the Equality Act All queries on the School's Application Form and recruitment process must be directed to the Bursar. An entry will be made on the Single Central Register for all current members of staff at the School, the proprietorial body and all individuals who work in regular contact with children including volunteers, supply staff and those employed as third parties. All checks will be made in advance of appointment or as soon as practicable after appointment. Dolphin School uses safe recruitment practices to ensure that all people working with the children in our care are safe and qualified to do so. When recruiting paid staff or volunteers we will follow the procedures set out below. Advertising the vacancy We will advertise all vacancies (internally, externally or both), and any job advertisements will include a statement about our commitment to safeguarding children. Advertisements for posts whether in newspapers, journals or on-line will include the statements: The School and all staff are committed to safeguarding the welfare of children. The School is committed to the development of community cohesion and the prevention of extremism and radicalisation. Initial enquiry Upon enquiring about a vacancy, we will send potential candidates: a job description an application form (they can also download this from our website) information about the school The application form includes: declaration that all information is correct a section under the Rehabilitation of Offenders Act that asks if the applicant has been

2 awaiting a verdict, convicted, or cautioned or received a court order or warning for any offence that may affect their suitability for working with children a request for the contact details of two referees one of which should be the last employer; (if this is the candidate s first job, their course tutor is a suitable alternative) All applicants must submit application form by the closing date. We will only accept CVs if they are accompanied by our standard application form completed as required. Short Listing and Reference Requests The selection panel will shortlist applicants against the Person Specification for the post. The criteria for selection will be consistently applied to all applicants. The selection panel will agree the applicants to be invited to interview. Two references, one of which must be from the candidate s current/most recent employer, will be taken up before the selection stage so that any discrepancies may be probed during this stage of the selection process. Where time scales permit, references will be taken up on short listed candidates prior to interview unless indicated on the application form. At least one reference will be taken up prior to interview. Where permission is not given to contact current employer prior to interview, reference will be taken up prior to appointment. Interview procedure We will notify all candidates selected for interview by letter or . All candidates will be asked to bring the following items to the interview: proof of identity: A current driving licence including a photograph or a passport or a full birth certificate; proof of address : A utility bill or financial statement issued within the last three months showing the candidate's current name and address; Where appropriate any documentation evidencing a change of name; Where the candidate is not a citizen of a country within the European Economic Area or Switzerland, proof of entitlement to work and reside in the UK. proof of qualifications, ie the relevant certificates Please note that originals of the above are necessary. Photocopies or certified copies are not sufficient. Candidates with a disability who are invited to interview should inform the School of any necessary reasonable adjustments or arrangements to assist them in attending the interview. The interview will be conducted by at least two interviewers. The Head/Bursar or another designated senior member of staff will form part of the interviewing team. It is recommended best practice that at least one person on the appointment panel will have undertaken safer recruitment training. All candidates will be asked the same set of questions. We will then ask additional questions about any other issues that arise from their application form. For example, the interviewers will follow up on any gaps in the candidate s employment history rigorously and ensure that they are satisfied with the explanation given, undertaking additional checks if necessary. All teaching and After School Care candidates will also be asked to participate in a session with the children for up to an hour so that they can be observed interacting with the staff and children. When we have interviewed and observed all candidates, we will make our final selection.

3 Appointing a new member of staff When the School has selected the successful candidate, the following procedures will be initiated: Make a written/verbal offer on receipt of 2 satisfactory references, which will clearly state that it is subject to full sight of a satisfactory enhanced DBS certificate Send the candidate a copy of the School s Safeguarding Children policy. Initiate an enhanced DBS check for the candidate and if appropriate, a check of the Barred List maintained by the DBS. If the candidate is subscribed to the DBS Update Service, review their current DBS certificate and check their status online. For a candidate to be employed as a teacher, a check that that the candidate is not subject to a prohibition order issued by the Secretary of State. Teaching work is defined in The Teachers' Disciplinary (England) Regulations 2012 to encompass: Planning and preparing lessons and courses for pupils Delivering and preparing lessons to pupils Assessing the development, progress and attainment of pupils Reporting on the development, progress and attainment of pupils; Initiate an s.128 directions check for staff being appointed to management positions (this applies to both internal and external appointments) Verification of successful completion of statutory induction period (for teaching posts - applies to those who obtained QTS after 7 May 1999) Ask the candidate to complete a health questionnaire Where the successful candidate has worked or been resident overseas such checks and confirmations as the School may consider appropriate so that any relevant events that occurred outside the UK can be considered; Confirmation from the candidate that they are not disqualified from providing childcare under the Childcare (Disqualification) Regulations 2009.ORReceipt of a signed Staff Suitability Declaration form showing that they are not disqualified from providing childcare under the Childcare (Disqualification) Regulations For a candidate that has lived or worked outside the UK, an EEA check using the NCTL Teacher Services system for information about any teacher sanction or restriction. Notify any unsuccessful interviewees. We will also take photocopies of the new member of staff s qualification certificates and proof of identity and keep these on file. When a new member of staff starts work at Dolphin School we will give him or her: our terms and conditions, and get them to sign their contract; a copy of their contract will be kept on file all our School s policies, and ensure that they sign a confirmation (which is included in the staff induction check list form) to confirm that they have been informed and requested to read them; the signed form will be kept on file We will conduct a full induction and orientation programme with all new members of staff as set out in our Staff Induction policy. Appointment of Supply Staff Written confirmation is obtained in advance of appointment from the relevant supply agency to confirm that the required checks have been carried out: identity, enhanced DBS disclosure (including Barred List/List 99 checks), prohibition order, disqualification under the Childcare Act

4 2006, right to work in the UK, qualifications, overseas checks, references, medical fitness and employment history. These checks are noted on the Central Register of Appointments. Volunteers We carry out DBS and pre-start vetting checks appropriate to the post (as above) and require regular volunteers to provide details of two referees. References are taken up, as detailed in this policy. Volunteers who help on an occasional basis (e.g. trips/pta events) are supervised, in accordance with legislation. Students on placement When volunteers are working in school as part of a recognised training course (such as PGCE, NVQ etc.), references and completion of an application form will not be required. However, we will require proof of DBS enhanced clearance with barred list check and will carry out identity checks when the student arrives at school. We will also require students to complete the Staff Suitability Declaration if they are working within the EYFS. Students on work experience Students on work experience will always be supervised. Contractors We ensure that contractors, or any employee of the contractor, working at the school have been subject to the appropriate level of DBS check, if any such check is required. Contractors and contractors employees for whom an appropriate DBS check has not been undertaken will be supervised if they will have contact with children. If a contractor working at school is selfemployed and will be in regulated activity, we will consider obtaining the DBS check, as selfemployed people are not able to make an application directly to the DBS on their own account. We will check the identity of contractors and their staff on arrival at the school. Medical fitness The School is legally required to verify the medical fitness of anyone to be appointed to a post at the School, after an offer of employment has been made but before the appointment can be confirmed. It is the School's practice that a successful candidate must complete a pre-employment health questionnaire. The information contained in the questionnaire will then be held by the School in strictest confidence. This information will be reviewed against the Job Description and the Person Specification for the particular role, together with details of any other physical or mental requirements of the role i.e. proposed workload, extra-curricular activities, layout of the School. The School is aware of its duties under the Equality Act No job offer will be withdrawn without first consulting with the applicant, considering medical evidence and considering reasonable adjustments. Criminal records check Prior to 29 May 2013 an enhanced disclosure contained details of all convictions on record (including those which are defined as "spent" under the Rehabilitation of Offenders Act 1974) together with details of any cautions, reprimands or warnings held on the Police National Computer. It could also contain non-conviction information from local police records which a chief police officer considered relevant to the role applied for at the School. Since 29 May 2013 the DBS commenced the filtering and removal of certain specified information relating to old and minor criminal offences from all criminal records disclosures. The DBS and the Home Office have developed a set of filtering rules relating to spent convictions which work as follows:

5 For those aged 18 or over at the time of an offence An adult conviction for an offence committed in the United Kingdom will be removed from a DBS disclosure if: eleven years have elapsed since the date of conviction; it is the person s only offence; and it did not result in a custodial sentence. It will not be removed under any circumstances if it appears on a list of "specified offences" which must always be disclosed. If a person has more than one offence on their criminal record, then details of all their convictions will always be included. A caution received when a person was aged 18 or over for an offence committed in the United Kingdom will not be disclosed if six years have elapsed since the date it was issued, and if it does not appear on the list of "specified offences". For those aged under 18 at the time of an offence A conviction for an offence committed in the United Kingdom will be removed from a DBS disclosure if: five and a half years have elapsed since the date of conviction; it is the person's only offence; and it did not result in a custodial sentence. Again, the conviction will not be removed under any circumstances if it appears on the list of "specified offences", or if a person has more than one offence on their criminal record. A caution received when a person was aged under 18 for an offence committed in the United Kingdom will not be disclosed if two years have elapsed since the date it was issued and if it does not appear on the list of "specified offences". The list of "specified offences" which must always be disclosed This contains a large number of offences, which includes certain sexual, violent and other offences that are considered so serious they will always be disclosed, regardless of when they took place or of the person s previous or subsequent criminal record. The list of "specified offences" can be found at: DBS checks We will obtain enhanced DBS disclosures for all staff, students and volunteers who will work unsupervised with the children on a regular basis, or who have access to children s information including the Non-executive director of the LLP. If candidates have subscribed to the DBS Update Service we will carefully review their current DBS certificate and then check their status online. If there has been a change in their status since their last DBS certificate was issued we will obtain a new DBS disclosure for them. Where the applicant has lived outside the UK, further checks (including, where available, police checks from the overseas countries) will be carried out if the Enhanced DBS check is not sufficient to establish suitability to work with children. New staff will only be allowed to work unsupervised with children when we have had full sight of a satisfactory DBS certificate for them. If we decide to allow a new member of staff to begin work after a Barred List check pending the completion of their DBS check, we will complete a written risk assessment first and they will not

6 be allowed unsupervised access to the children until we have seen and reviewed their DBS certificate. When we appoint a member of staff we will keep a record of the date and number of their DBS disclosure on our Central Register Record. Failure to declare any convictions (that are not subject to DBS filtering) may disqualify a candidate for appointment or result in summary dismissal if the discrepancy comes to light subsequently. If the candidate is currently working with children, on either a paid or voluntary basis, the School will ask their current employer about disciplinary offences, including disciplinary offences relating to children or young persons (whether the disciplinary sanction is current or time expired), and whether the candidate has been the subject of any child protection allegations or concerns and if so the outcome of any enquiry or disciplinary procedure. If the candidate is not currently working with children but has done so in the past, the School will ask the previous employer about those issues. Where neither the current nor previous employment has involved working with children, the School will still ask the current employer about the candidate's suitability to work with children. Where the candidate has no previous employment history, the School may request character references which may include references from the candidate's school or university. All candidates should be aware that provision of false information is an offence and could result in the application being rejected or summary dismissal by the School if they have been appointed, and a possible referral to the police and/or DBS. DBS Update Service Where an applicant subscribes to the DBS Update Service the applicant must give consent to the school to check there have not been changes since the issue of a disclosure certificate. A barred list check will still be required. If disclosure is delayed A short period of work is allowed under controlled conditions, at the Head's discretion. However, if an enhanced disclosure' is delayed, the Head may allow the member of staff to commence work: Without confirming the appointment; After a satisfactory check of the barred list if the person will be working in regulated activity and all other relevant checks (including any appropriate prohibition checks) having been completed satisfactorily; Provided that the DBS application has been made in advance; With appropriate safeguards taken (for example, loose supervision); Safeguards reviewed at least every two weeks by the Head/Bursar and member of staff; The person in question is informed what these safeguards are; and It is recommended, but not a requirement, that a note is added to the single central register and evidence kept of the measures put in place. Retention and Security of Records The School will comply with its obligations regarding the retention and security of records in accordance with the DBS Code of Practice and its obligations under its Data Protection Policy. Copies of DBS certificates will not be retained for longer than 6 months.

7 Prohibition orders The School is required by the new statutory guidance Keeping Children Safe in Education (KCSIE) to check that anyone employed as a teacher is not subject to a prohibition order issued by the Secretary of State. For a candidate that has lived or worked outside the UK, an EEA check using the NCTL Teacher Services system for information about any teacher sanction or restriction. Prohibition on Participation in Management Where the successful candidate will be taking part in the management of the school, a check will be carried out under section 128 of the Independent Educational Provision in England (Prohibition on Participation in Management) Regulations This applies to all Governors, Senior Management Team and teaching heads of department; Childcare disqualification requirements The Childcare Act 2006 (Act) and the Childcare (Disqualification) Regulations 2009 (Regulations) state that it is an offence for the School to employ anyone in connection with our early years provision (EYP) or later years provision (LYP) who is disqualified, or for a disqualified person to be directly involved in the management of EYP or LYP. EYP includes usual school activities and any other supervised activity for a child up to 1 September after the child's 5th birthday, which takes place on the school premises during or outside of the normal school day; LYP includes provision for children not in EYP and under the age of 8 which takes place on school premises outside of the normal school day, including, for example breakfast clubs, after school clubs and holiday clubs. It does not include extended school hours for co-curricular activities such as sports activities. DUCA states that only those individuals who are employed directly to provide childcare are covered by the Regulations. "Childcare" means any form of care for a child, which includes education and any other supervised activity for a child who is aged 5 or under. "Childcare" in LYP does not include education during school hours but does cover before and after school clubs. Roles which will be covered by the Regulations are teaching and teaching assistant positions in EYP, and those which involve the supervision of under 8s in LYP. Those who are directly involved in the management of EYP and LYP include the Head, and may also include other members of the leadership team as well as those involved in the day to day management of EYP or LYP at the School. DUCA contains an express statement that cleaners, drivers, transport escorts, catering and office staff are not covered by the Regulations. Some roles at the School may involve the provision of childcare in EYP or LYP on an occasional basis. They will not automatically be within the scope of the Regulations and the School will therefore consider whether they do on a case by case basis. The Regulations only apply to a limited number of roles within the School but do extend beyond employees to governors and volunteers who carry out relevant work in EYP or LYP. The criteria for which a person will be disqualified from working in connection with EYP or LYP are set out in the Regulations. They are not only that a person is barred from working with children (by inclusion on the Children's Barred List) but also include: having been cautioned (after 6 April 2007) for, or convicted of, certain criminal offences including violent and sexual criminal offences against children and adults whether committed in the United Kingdom or overseas; various grounds relating to the care of children, including where an order is made in respect of a child under the person's care;

8 having been refused registration for the provision of childcare (including nurseries, day care and child minding or other childcare), having been disqualified from any such registration or having had that registration cancelled; having been refused an application for registration of a children's home or having had any such registration cancelled; having been prohibited, restricted or disqualified from private fostering; or living in the same household as another person who is disqualified from EYP or LYP, or living in a household where a disqualified person is employed (disqualification by association). A household is deemed to cover anyone sharing "living space", including the use of a shared kitchen. All applicants to whom an offer of employment is made to carry out a relevant role in EYP or LYP will be required to complete a Self-Declaration Form confirming whether they, or anyone in their household, meet any of the criteria for disqualification under the Regulations. The School will decide whether a role is relevant and within the scope of EYP or LYP by having regard to the guidance in DUCA. Employment with the School in any relevant role will be conditional upon completion of the Self-Declaration Form and upon the applicant not being disqualified. The School cannot permit any person who is currently disqualified to start work in a relevant role. The School also reserves the right at its absolute discretion to withdraw an offer of employment if, in the opinion of the School, any information disclosed in the Self-Declaration Form renders that person unsuitable to work at the School. Applicants who have any criminal records information to disclose about themselves, or anyone in their household, must also provide the following information: details of the order, restriction, conviction or caution and the date that this was made; the relevant court or body and the sentence, if any, which was imposed; and a copy of the relevant order or conviction. Applicants are not required to disclose a caution or conviction for an offence committed in the United Kingdom if it has been filtered in accordance with the DBS filtering rules (see section 0 above). Applicants must not ask for information about spent convictions from any member of their household. For the avoidance of doubt the School does not require applicants to request any criminal records information directly from the DBS. The School only requires applicants to provide relevant information about themselves and members of their household "to the best of their knowledge". A person who discloses information which appears to disqualify them from working in a relevant role may apply to Ofsted for a waiver of the disqualification. The School may withdraw an offer of employment at its absolute discretion and is under no obligation to await the outcome of an Ofsted waiver application. If a waiver application is rejected the School will withdraw the conditional offer of employment. The School will securely destroy any information which is provided by an applicant which is not relevant to the childcare disqualification requirements as soon as it is established that it is not relevant. Where a person appointed to a role at the School is found to be disqualified the School will retain any relevant information only for the period it takes for a waiver application to be heard and the decision communicated to the School, after which it will be securely destroyed. After making this declaration staff in a relevant role are under an on-going duty to inform the School if their circumstances change in a way which would mean they subsequently meet any of the criteria for disqualification. Any failure to disclose relevant information now, or of a future change in circumstances, will be treated as a serious disciplinary matter and may lead to the withdrawal of a job offer or dismissal for gross misconduct.

9 Immigration status The School is aware of Asylum and Immigration Act requirements and will check the ability of all new starters to work in the UK. Candidates are expected to provide documents confirming their status, usually a driving licence, passport, and NI number. Prevent Duty The School has a legal duty under section 26 of the Counter-Terrorism and Security Act 2015 to have 'due regard to the need to prevent people from being drawn into terrorism'. This is known as the Prevent duty. Schools are required to assess the risk of children being drawn into terrorism, including support for extremist ideas that are part of terrorist ideology. Accordingly, as part of the recruitment process, when an offer is made the offer will be subject to a Prevent duty risk assessment. Visiting speakers and the Prevent Duty The Prevent Duty Guidance requires the School to have clear protocols for ensuring that any visiting speakers, whether invited by staff or by pupils, are suitable and appropriately supervised. The School is not permitted to obtain a DBS disclosure or Children's Barred List information on any visiting speaker who does not engage in regulated activity at the School or perform any other regular duties for or on behalf of the School. All visiting speakers will be subject to the School's usual visitor s protocol. This will include signing in and out at Reception, the wearing of a visitors badge at all times and being escorted by a fully vetted member of staff between appointments. The School will also obtain such formal or informal background information about a visiting speaker as is reasonable in the circumstances to decide whether to invite and / or permit a speaker to attend the School. In doing so the School will always have regard to the Prevent Duty Guidance and the definition of "extremism" set out in KCSIE which states: ""Extremism" is vocal or active opposition to fundamental British values, including democracy, the rule of law, individual liberty and mutual respect and tolerance of different faiths and beliefs. We also include in our definition of extremism calls for the death of members of our armed forces, whether in this country or overseas. Terrorist groups very often draw on extremist ideas developed by extremist organisations." In fulfilling its Prevent Duty obligations the School does not discriminate on the grounds of race, colour, nationality, ethnic or national origin, religion or religious belief, sex or sexual orientation, marital or civil partner status, disability or age. The School reserves the right to obtain such information on any other person appointed to work for or at the School. Policy on the Recruitment of Ex-Offenders The School will not unfairly discriminate against any candidate for employment on the basis of conviction or other details revealed. The School makes appointment decisions on the basis of merit and ability. If an individual has a criminal record this will not automatically bar him/her from employment within the School. Instead, each case will be decided on its merits in accordance with the objective assessment criteria set out below. All candidates should be aware that provision of false information is an offence and could result in the application being rejected or summary dismissal if they have been appointed, and a possible referral to the police and/or DBS. Under the relevant legislation, it is unlawful for the School to employ anyone who is included on the lists maintained by the DBS of individuals who are considered unsuitable to work with

10 children. In addition, it will also be unlawful for the School to employ anyone who is the subject of a disqualifying order made on being convicted or charged with the following offences against children: murder, manslaughter, rape, other serious sexual offences, grievous bodily harm or other serious acts of violence. It is also unlawful for the School to knowingly employ someone who works in the relevant settings and is disqualified from providing childcare under the Disqualification under the Childcare Act 2006 (June 2016), whether by association, or otherwise. It is a criminal offence for any person who is disqualified from working with children to attempt to apply for a position within the School. The School will report the matter to the Police and/or the DBS if: the School receives an application from a disqualified person; is provided with false information in, or in support of an applicant's application; or the School has serious concerns about an applicant's suitability to work with children. Assessment Criteria In the event that relevant information (whether in relation to previous convictions or otherwise) is volunteered by an applicant during the recruitment process or obtained through a disclosure check, the School will consider the following factors before reaching a recruitment decision: whether the conviction or other matter revealed is relevant to the position in question; the seriousness of any offence or other matter revealed; the length of time since the offence or other matter occurred; whether the applicant has a pattern of offending behaviour or other relevant matters; whether the applicant's circumstances have changed since the offending behaviour or other relevant matters; in the case of disqualification from providing childcare, whether the applicant has or is able to obtain an Ofsted waiver from disqualification; and the circumstances surrounding the offence and the explanation(s) offered by the convicted person. If the post involves regular contact with children, it is the School's normal policy to consider it a high risk to employ anyone who has been convicted at any time of any the following offences: murder, manslaughter, rape, other serious sexual offences, grievous bodily harm or other serious acts of violence, serious class A drug related offences, robbery, burglary, theft, deception or fraud. If the post involves access to money or budget responsibility, it is the School's normal policy to consider it a high risk to employ anyone who has been convicted at any time of robbery, burglary, theft, deception or fraud. If the post involves some driving responsibilities, it is the School's normal policy to consider it a high risk to employ anyone who has been convicted of drink driving. Assessment procedure In the event that relevant information (whether in relation to previous convictions or otherwise) is volunteered by an applicant during the recruitment process or obtained through a disclosure check, the School will carry out a risk assessment by reference to the criteria set out above. The assessment form must be signed by the Head of the School before a position is offered or confirmed. If an applicant wishes to dispute any information contained in a disclosure, they may do so by contacting the DBS. In cases where the applicant would otherwise be offered a position were it not for the disputed information, the School may, where practicable and at its discretion, defer a

11 final decision about the appointment until the applicant has had a reasonable opportunity to challenge the disclosure information. February 2017