8.2 Recruitment and Selection

REGULATIONS AND STANDARDS

Guidance on Chapter 4 of the Regulations – Staffing

Annex A: Qualifications for Staff Working in Children’s Homes

Job Description and Person Specifications
The Advert
Application Packs
Scrutinising and Short Listing
Interview Process
References
Qualification Verification
Rehabilitation of Offenders Disclosure
Commitment to Safeguarding Children
Pre-employment Checks
Disclosure and Barring Service or Re-checks
Agency Staff (including Agency Supply Teachers)
Contractors

1. Job Description and Person Specifications

At the start of the recruitment process it is important to define what the post holder's responsibilities towards children will be, as well as the qualifications and experience needed to perform the job, with particular attention to their duties with such vulnerable groups.

It is also important to confirm our commitment to safer recruitment. It is therefore advisable to ensure that this statement of intent is included on all person specifications.

All job descriptions must detail:

Main duties and responsibilities of the post;
The post holder's specific responsibility towards the promotion and the practice of safeguarding the welfare of children that they come in to contact with through their job.

Suggested content for person specifications:

Qualifications required to do the job;
Professional Registrations (if required);
Enhanced Disclosure and Barring Service checks 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 challenging behaviours;
- Attitudes to use of authority and maintaining discipline.

2. The Advert

The advert for a vacancy should demonstrate our 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, please make sure the following statements are on the advert:

The Company Name;
Post Title;
Hours (this should indicate if full or part time);
Salary;
Permanent or Fixed Term (if Fixed Term the duration of the contract should be stated);
ADVERT TEXT (which should include some reference to the post holder's responsibilities towards safeguarding children);
The successful applicant will be required to undergo an enhanced disclosure from the Disclosure and Barring Service. Further details can be found at the Disclosure and Barring Service website;
Closing date.

3. Application Packs

The importance of safeguarding and protecting children should be promoted as much as possible throughout the recruitment process in order to deter unsuitable candidates.

It is advised to include the following in an application pack:

Application Form (highly recommended over CV's, as CV's will only show you what the candidate wants you to see and will not provide consistent data between candidates);
Job Description / Person Specification Guidance for applicants re Disclosure and Barring Service - Disclosure and Barring Service website. A Disclosure of Criminal Conviction/Cautions form A Pre Employment Health Questionnaire (although see notes below in this regard)/Relevant information about the Company and the recruitment process;
A statement of the terms and conditions relating to the post.

Pre-employment health questionnaires must not be used unless they serve one or more of the following purposes:

Establishing whether the applicant would be able to participate in an assessment/interview to test his or her suitability for work;
Establishing whether reasonable adjustments need to be made to the recruitment process, such as an assessment or interview;
Establishing whether the applicant would be able to carry out a function that is intrinsic to the work concerned;
Monitoring the diversity of applicants;
Allowing us to take positive action to enable disabled people to overcome their disadvantage; and
Establishing whether a person has a disability where having a particular disability is a requirement of the role.

4. Scrutinising and Short Listing

The same selection panel should both short list and interview the candidate. At least one member of the panel should have undertaken safe recruitment and selection training.

All application forms should be scrutinised to ensure:
- They are fully and properly completed;
- The information is consistent and does not contain any discrepancies;
- Gaps in employment/training or a history of repeated changes of employment are identified.
Incomplete applications should not be accepted;
Any anomalies, discrepancies or gaps in employment and the reasons for this should be noted, so that they can be taken up as part of the consideration of whether to short list the applicant, as well as a history of repeated changes of employment without any clear career or salary progression or a mid career move from a permanent to temporary post;
All candidates should be assessed equally against the criteria contained in the person specification.

5. Interview Process

Interview Panel

A panel of at least two people is recommended, allowing one member to observe and assess the candidate and make notes, while the candidate is talking to the other. One member of the panel should be trained in safe recruitment practice.

The members of the panel should:

Have the necessary authority to make decisions about the appointment;
Meet before the interview to agree their assessment criteria in accordance with the person specification and to prepare a list of questions they will ask all candidates relating to the requirements of the post;
Identify any issues they wish to explore with each candidate based on the information provided in their application form and in the references;
Make notes of the applicant's interview answers which should then be collated by chair of the panel and stored;

Scope of the Interview

In addition to assessing and evaluating the applicant's suitability for the post, the panel should explore:

The candidate's attitude towards children/young people/vulnerable adults;
His/her ability to support the organisation's agenda for safeguarding and promoting welfare;
Any gaps in the candidate's employment history;
Concerns or discrepancies arising from the information provided by the candidate and/or referee;
Whether the candidate wishes to declare anything relating to the requirement for a Disclosure and Barring Service check.

The interview should also explore issues relating to safeguarding, including:

Motivation to work with children/ young people/ vulnerable adults;
Ability to form and maintain appropriate relationships and personal boundaries;
Emotional resilience in working with challenging behaviour's;
Attitudes to use of authority.

Participation of Children and Young People

Children and young people can make a valuable contribution to the recruitment process and their participation should be considered for key strategic and managerial posts as well as posts where staff will have a high level of responsibility for children's day to day care e.g. residential staff.

The following considerations should be taken into account in planning children's involvement:

Clarification of the role children will take in the process, how their views will be taken into account in selection and what weighting these will be given;
Preparation and/or training;
Process for debriefing/feedback.

6. References

These should be requested prior to interview and ideally received back prior to interview. One of the referees must be the candidate's current or previous employer. Open references should not be accepted if they are addressed 'To whom it may concern', with no date evidenced or no obvious authorisation, as these may have been forged, or may have valuable information missing if it is out of date. All referees will be asked to complete a reference pro-forma, which ensures that certain questions are asked about all candidates.

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. It 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.

Employment Gaps

At interview, gaps in employment history must be discussed with the candidate. If there are gaps in their history, the candidate should provide written details 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 are in receipt of all relevant information.

It is strongly advisable to discuss patterns of repeated change in career or employers at interview, ensuring that the reasons for this are fully explored and satisfy the interview panel.

7. Qualification Verification

At interview essential qualifications required for the post including those set by statute must be verified as a minimum, other by reviewing copies of all relevant documentation. Other qualifications stated on the application form may also need to be verified.

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. If the candidate is unsuccessful, these should be destroyed.

8. Rehabilitation of Offenders Disclosure

As posts are exempt from the Rehabilitation of Offenders Act 1974, candidates should disclose any unspent and spent convictions during the application stage.

When applying for the 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 would be advisable to ask the candidates attending the interview if they have any previous convictions either spent or unspent and ensure the form is completed. 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 Short listing panel prior to short listing. Once the panel have made a short-list and invited them 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 short-list 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 they are successful they will be required to complete a Disclosure and Barring Service application form. Once the Enhanced Disclosure and Barring Service 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.

9. Commitment to Safeguarding Children

Person specifications allow the Company to explore a potential candidate's views and expectations in relation to working with children. 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 challenging behaviours;
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 issues or lack of knowledge that a candidate may have or refuses to discuss their motivation to work within a school environment or with children.

10. Pre-employment Checks

In summary any offer of employment to any post should be subject to the following:

References

This should be a minimum of two references for every employee; one of these references must be from their current or most recent employer. 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.

Verification of Candidate's Identity

It is vital that we evidence the identity of all staff e.g. by requesting an original Birth Certificate and Passport.

Enhanced Disclosure and Barring Service Disclosure

This shows 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 vulnerable adults. 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.

Verification of Qualifications

Any essential qualifications legally required to perform a particular job, such as QTS, 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 Central Record. This should ideally be confirmed at the interview stage.

Verification of Professional Registration

Some posts require a professional registration with a regulatory body, such as the Health and Care Professions Council (HCPC), General Teaching Council etc. 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. For information about this, go to Gov.uk/Permission to work in the UK.

Compulsory documentation to be provided by all employees prior to commencement of employment:

All documents referred to in either of the lists below must be original documents.

List 1 - documents for individuals who are not subject to immigration control or have no restriction on their length of stay

Single Documents:-

A passport showing that the holder is a British citizen, or a citizen of the United Kingdom and colonies having the right of abode in the United Kingdom;
A document showing that the holder is a national of a European Economic Area country or Switzerland. This must be a national passport or national identity card;
A residence permit, registration certificate or document certifying or indicating permanent residence issued by the Home Office or the UKBA to a national from a country in the European Economic Area country or Switzerland;
A permanent residence card issued by the Home Office or the UKBA to the family member of a national of a European Economic area country or Switzerland;
A biometric immigration document issued by the UKBA to the holder which indicates that the person named in it is allowed to stay indefinitely in the United Kingdom;
A passport or other travel document endorsed to show that the holder is exempt from immigration control, is allowed to stay indefinitely in the United Kingdom, has the right of abode in the United Kingdom or has no time limit on their stay in the United Kingdom.

Document Combinations:-

An official document issued by a previous employer or government agency which contains the permanent national insurance number of the person (for example, a P45, P60 or national insurance number card) AND one of the following:-

An Immigration Status Document issued by the Home Office or the UKBA to the holder with an endorsement indicating that the person named in it is allowed to stay indefinitely in the United Kingdom or has no time limit on their stay in the United Kingdom;
A full birth certificate issued in the United Kingdom which includes the name(s) of at least one of the holder's parents;
A full adoption certificate issued in the United Kingdom which includes the name(s) of at least one of the holder's adoptive parents;
A birth certificate issued in the Channel Islands, the Isle of Man or Ireland;
An adoption certificate issued in the Channel Islands, the Isle of Man or Ireland;
A certificate of registration or naturalisation as a British citizen;
A letter issued by the Home Office or the UKBA to the holder which indicates that the person named in it is allowed to stay indefinitely in the UK.;

If the employee provides a document or specified combination of documents from List A, there is no need to ask for any documents from List B.

List 2 - documents for individuals who are subject to immigration control and have a restriction on their length of stay

A passport or travel document endorsed to show that the holder is allowed to stay in the UK and is allowed to do the type of work in question, provided that it does not require the issue of a work permit;
A Biometric Immigration Document issued by the UKBA to the holder which indicates that the person named in it can stay in the UK and is allowed to do the work in question;
A residence card or document issued by the Home Office or the UKBA to a family member of a national of an EEA country or Switzerland;
A work permit or other approval to take employment issued by the Home Office or the UKBA when produced in combination with either a passport or another travel document endorsed to show the holder is allowed to stay in the UK and is allowed to do the work in question, or a letter issued by the Home Office or the UKBA to the holder or the employer or prospective employer confirming the same;
A certificate of application issued by the Home Office or the UKBA to or for a family member of a national of an EEA country or Switzerland stating that the holder is permitted to take employment which is less than six months old when produced in combination with evidence of verification by the UKBA Employer Checking Service;
An Application Registration Card issued by the Home Office or the UKBA stating that the holder is permitted to take employment, when produced in combination with evidence of verification by the UKBA Employer Checking Service;
An Immigration Status Document issued by the Home Office or the UKBA to the holder with an endorsement indicating that the person named in it can stay in the UK and is allowed to do the type of work in question, when produced in combination with an official document giving the person's permanent NI Number and their name issued by a Government agency or a previous employer;
A letter issued by the Home Office or the UKBA to the holder or the employer or prospective employer, which indicates that the person named in it can stay in the UK and is allowed to do the work in question when produced in combination with an official document giving the person's permanent NI Number and their name issued by a Government agency or a previous employer.

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, in writing by the candidate.

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 Disclosure and Barring Service Disclosure will not give a full picture in respect of any criminal record they may have. In these cases an overseas Disclosure and Barring Service Disclosure will need to be applied for as well as a UK Disclosure and Barring Service Disclosure and details for each countries' equivalent Bureau are available on the Disclosure and Barring Service website.

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. When a decision has been made and a successful candidate notified they should be encouraged to contact the staffing team as soon as possible to start their pre-employment checks.

Only when all of these checks are completed and returned should an offer of employment be confirmed. Do not offer a candidate an unconditional offer at any point.

11. Disclosure and Barring Service or Re-checks

Disclosure and Barring Service 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 Company aware of. It is our policy that every member of staff should have their Disclosure and Barring Service Disclosure renewed every three years.

The process of renewal or re-checking a person's Disclosure and Barring Service Disclosure is exactly the same as when applying for an original. There is no fast track. The Company can track the status of a Disclosure and Barring Service Application with the Disclosure and Barring Service website. To do this, you will need the Form Reference number.

The requirement for a renewal for a Disclosure and Barring Service Disclosure also applies to all volunteers. The process is the same for all staff.

For instances when a candidate's Disclosure and Barring Service Disclosure is returned with a Positive Disclosure, 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.

12. Agency Staff (including Agency Supply Teachers)

As with outside contracted staff, providing services such as tuition, coaching, supply teaching or specific courses that requires staff to work on our premises whilst children are in school, it is important that schools have evidence of the necessary checks in relation to these staff.

It is essential to carry out or have evidence of the same standard of checks for all staff even if they are not employed directly by the Company. With this in mind, all outside providers should be requested to provide evidence of the same pre-employment checks that we would complete if they were directly employing the staff themselves. This should be given in writing and in advance of the provider starting work and should be agreed as part of any contract between us and a Provider of Services.

13. Contractors

If there is any likelihood that Contractors may have unsupervised contact with children a Criminal Records Check should be undertaken prior to the Contractor starting work in an establishment with children. Ideally contractors should try and work outside of times when children are present i.e. School time in Residential Children's services, if this is not practicable then the following guidelines should be followed:

Building and Maintenance Contractors

Children should not be allowed in areas where builders are working for Health and Safety reasons, so there should be little opportunity for workers to be unsupervised with children. It is difficult to definitively state that there will not be times when contact with a child occurs. Therefore, all projects with contractors who may come into contact with children on site during opening hours in any establishment should undergo a Disclosure and Barring Service Enhanced Disclosure. This clearance should be stated in any contract struck and/or tendered between us and a Contractor and paid for by the agreed contracted company.

Emergency Call-Out Contractors (not previously checked)

Contractors that are called out in an emergency may not be a contractor that is checked and known to us prior to the 'call-out'. It is not necessary to obtain a Disclosure and Barring Service Disclosure for such staff, as they will only have contact with children on an ad hoc or irregular basis and will not be allowed to be left unsupervised with children.

Any contractor, maintenance worker or agency staff coming on to a our premises should verify their identity, providing documents such as a passport or driver's license along with company ID.

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