Staffing and Safe Recruitment of Staff
REGULATIONS AND STANDARDS
The Fostering Services (England) Regulations 2011
Regulation 19 - Staffing of fostering service
Regulation 20 - Fitness of workers
Regulation 21 - Employment of staff
Fostering Services: National Minimum Standards
STANDARD 19 - Suitability to work with children
STANDARD 23 - Learning, development and qualifications of staff
STANDARD 24 - Staff support and supervision
RELEVANT GUIDANCE
Education Supply Chains – A Better Hiring Toolkit - provides simple guidance to support schools and colleges to hire new employees in line with regulatory and industry best practices. May be of interest to employers in other sectors.
RELATED CHAPTERS
Staff Supervision and Support Procedure
Contents
1. Staffing
The Agency is managed by a permanent, suitably experienced and qualified registered manager. Urgent action is taken to address any vacancy of the registered manager post.
The Agency ensures that it is properly staffed and resourced to meet the needs of foster carers and children. Staff and Panel members are suitably vetted and qualified and are able to deliver high-quality services to foster carers and children. Arrangements for recruitment and appraisals are robust. See Staff Qualifications, Training and Development Procedure and Staff Supervision and Support Procedure.
Staff work collaboratively to provide consistency and stability. There are clear responsibilities and accountabilities and staff have a sense of shared ownership about their practice.
The Agency ensures that there is a sufficient number of suitably qualified, competent and experienced staff having regard to the Agency's Statement of Purpose, the numbers and needs of the children placed by the Agency and the need to safeguard and promote the health and welfare of children placed with foster parents.
The Agency will take reasonable steps to ensure that any person working for the Agency who is not employed by it, is appropriately supervised while carrying out their duties.
All permanent appointments are subject to the satisfactory completion of a period of probation. All employees are provided with a job description outlining their responsibilities.
The Agency operates a Disciplinary Procedure which provides, inter alia, for the suspension of an employee where necessary in the interests of the safety or welfare of children placed with foster parents, and provides that the failure on the part of an employee to report an incident of abuse or neglect, or suspected abuse or neglect, of a child placed with foster parents to an appropriate person is a ground on which disciplinary proceedings may be instituted. For these purposes, an appropriate person is: the registered person; an officer of Ofsted; an officer of the responsible/placing local authority; a police officer; an officer of the National Society for the Prevention of Cruelty to Children (NSPCC).
The Agency ensures that all staff receive appropriate training, supervision and appraisal, and are enabled to obtain further qualifications appropriate to the work they perform. See Staff Qualifications, Training and Development Procedure and Staff Supervision and Support Procedure.
2. Safe Recruitment of Staff
2.1 Safe Recruitment Practice
The Agency ensures that careful recruitment and regular monitoring of staff prevent unsuitable staff from being recruited and having the opportunity to harm children or to place them at risk, and that the relevant authorities are informed of any concerns about inappropriate adults. See also Managing Allegations Against Staff and Foster Carers Procedure.
The Agency consistently follows good recruitment practice, and all applicable current statutory requirements and guidance, in staff selection and recruitment. These same principles are followed in relation to the safe recruitment of foster carers and Panel members – see Recruitment, Assessment and Approval of Foster Carers Procedure and Fostering Panel Procedure. All personnel responsible for recruitment and selection of staff are trained in, understand and operate these good practices.
The Agency's system for recruiting staff and others includes an effective system for reaching decisions as to who is to be appointed and the circumstances in which an application should be refused in the light of any criminal convictions or other concerns about suitability that are declared or discovered through the recruitment process.
The Agency will not employ a person to work for it, nor allow a person who is not employed by the Agency but who is performing duties on behalf of the Agency in a position in which that person may in the course of their duties have regular contact with children placed by the fostering service, unless that person is fit to do so.
A person is fit to work for the purposes of the fostering Agency if that person:
- Is of integrity and good character;
- Has the qualifications, skills and experience necessary for the work they are to perform;
- Is physically and mentally fit for the work they are to perform. In order to satisfy this requirement, the Agency may give conditional offers of employment to potential employees after the recruitment process, subject to appropriate medical and health checks, whilst ensuring at all times that the Agency acts in accordance with the Equality Act 2010 (as amended);
- Full and satisfactory information is available in relation to that person in respect of each of the matters specified in Schedule 1 Fostering Services (England) Regulations 2011;
- Proof of identity including a recent photograph;
- Confirmation that the candidate has a right to work in the UK (see GOV.UK website for information on how to check a candidate is allowed to work in the UK);
- Two written references, including a reference from the person's most recent employer, if any, and where possible a statement from each referee as to their opinion of the person's suitability to work with children. Telephone enquiries are made to each referee to verify the written references;
- Where a person has previously worked in a position whose duties involved work with children or vulnerable adults, verification, so far as reasonably practicable, of the reason why the employment or position ended;
- Documentary evidence of any relevant qualification and verification of professional status/registration where required;
- A full employment history, together with a satisfactory written explanation of any gaps in employment;
- A DBS check at the appropriate level (see DBS Checks: Guidance for Employers)(unless the Disclosure and Barring Service Update Service applies).
All checks will be:
- Confirmed in writing;
- Documented and retained on the personnel file (subject to restrictions on the retention of information imposed by Disclosure and Barring Service regulations);
- Followed up where they are unsatisfactory or where there are discrepancies in the information provided.
Where:
- The candidate is found to be on the Barred Lists, or the Disclosure and Barring Service Disclosure shows they have been disqualified from working with children by a Court;
- The applicant has provided false information in, or in support of, their application;
- There are serious concerns about an applicant's suitability to work with children.
These facts will be reported to the police and/or Disclosure and Barring Service (if they are not already aware). Anyone who is barred from work with children is committing an offence if they apply for, offer to do, accept or do any work which constitutes Regulated Activity. It is also an offence for an employer knowingly to offer work in a regulated position, or to procure work in a regulated position for an individual who is disqualified from working with children, or fail to remove such an individual from such work.
All people working in or for the Agency are interviewed as part of the selection process and have references checked to assess suitability before taking on responsibilities.
Where members of staff are subject to Transfer of Undertakings (Protection of Employment) (TUPE) arrangements, such that the Agency is reliant on the previous employer for all recruitment records relating to those staff, in some instances the Agency may not be able to access all the information including documents required by the Regulations. If this is the case, the Agency will ensure that sufficient information is held or ascertained to make sure that staff are suitable, including DBS checks or vetting records. If there are any gaps in requirements, the Agency will take steps to ascertain that the person is suitable to work in their role. This will include reference to employment records such as appraisals.
Note that statutory guidance Keeping Children Safe in Education (KCSIE) provides that schools and colleges should only accept copies of a curriculum vitae alongside an application form. A curriculum vitae on its own will not provide adequate information.
The guidance also states:
‘In addition, as part of the shortlisting process schools and colleges should consider carrying out an online search as part of their due diligence on the shortlisted candidates. This may help identify any incidents or issues that have happened, and are publicly available online, which the school or college might want to explore with the applicant at interview’.
KCSIE is clear that schools and colleges should only provide substantiated safeguarding concerns/allegations that meet the harm threshold in references. Low-level concerns should not be included in references unless they relate to issues which would normally be included in a reference, for example, misconduct or poor performance. It follows that a low-level concern which relates exclusively to safeguarding (and not to misconduct or poor performance) should not be referred to in a reference. However, where a low-level concern (or group of concerns) meets the harm threshold for referral to the LADO and found to be substantiated, it should be referred to in a reference.
See also: Managing Allegations Against Staff and Foster Carers Procedure.
Whilst this guidance applies to schools and colleges, it may be regarded as good practice in safe recruitment. HR/legal advice should be sought as appropriate.
2.2 Employment History and References
Keeping Children Safe in Education Part Three Safe Recruitment provides further guidance on checks regarding employment history and references. Whilst this guidance is applicable to educational establishments, it may be adopted as good practice more widely. It provides thus:
The purpose of seeking references is to allow employers to obtain factual information to support appointment decisions. Schools and colleges should obtain references before interview, where possible, this allows any concerns raised to be explored further with the referee and taken up with the candidate at interview.
Schools and colleges should:
- Not accept open references e.g. to whom it may concern;
- Not rely on applicants to obtain their reference;
- Ensure any references are from the candidate’s current employer and have been completed by a senior person with appropriate authority (if the referee is school or college based, the reference should be confirmed by the headteacher/principal as accurate in respect of any disciplinary investigations);
- Obtain verification of the individual’s most recent relevant period of employment where the applicant is not currently employed;
- Secure a reference from the relevant employer from the last time the applicant worked with children (if not currently working with children), if the applicant has never worked with children, then ensure a reference from their current employer;
- Always verify any information with the person who provided the reference;
- Ensure electronic references originate from a legitimate source;
- Contact referees to clarify content where information is vague or insufficient information is provided;
- Compare the information on the application form with that in the reference and take up any discrepancies with the candidate;
- Establish the reason for the candidate leaving their current or most recent post; and
- Ensure any concerns are resolved satisfactorily before appointment is confirmed.
2.3 Disclosure and Barring Service Checks
See: Section 2.4, Disclosure and Barring Service Update Service.
See also: DBS Digital Identity Verification Guidance.
The level of disclosure requested, i.e. Standard or Enhanced, should reflect the nature of the duties of the post and degree of contact with children or young people or with sensitive, confidential information.
In considering asking a person to apply for a standard or enhanced DBS check, an employer is legally responsible for making sure the job role is eligible. This should be done before countersigning each DBS application form.
To determine which level of check a role is eligible for, refer to the DBS Eligibility Guidance.
Also see: Disclosure and Barring Service Guidance Leaflets - GOV.UK for guidance leaflets relating to eligibility.
A record should be kept of the date when the disclosure was obtained, by whom, level of disclosure and unique reference number. Disclosure and Barring Service checks should be:
- Treated as confidential;
- Kept secure;
- Destroyed as soon as no longer required (not normally longer than 6 months after decision to appoint; however, note that it may be necessary to retain them for longer for inspection regimes).
Criminal Record
The Agency must make a judgement about suitability, taking into account only those offences which may be relevant to the post in question. In deciding the relevance the following should be considered:
- The nature of the appointment;
- The nature of the offence;
- The age at which the offence took place;
- The frequency of the offence.
2.4 Disclosure and Barring Service Update Service
The Disclosure and Barring Service (DBS), operate an optional Update Service which is designed to reduce the number of DBS checks requested.
Instead of a new check being necessary whenever an individual applies for a new paid or voluntary role working with children, individuals can opt to subscribe to the online Update Service. This will allow them to keep their DBS certificate up to date, so that they can take it with them from role to role, within the same workforce.
The Agency, as employer, can carry out free, instant, online status checks of a registered individual's status. A new DBS check will only be necessary if the status check indicates a change in the individual's status (because new information has been added).
If an employee/prospective employee subscribes to the DBS update service, the Agency will also check the original DBS certificate. This is because the update service will not show the information found during the original check.
The Agency will keep a record of DBS checks carried out – see Section 2.7, Staff Records.
2.5 Checks on Overseas Staff
Where an applicant has worked or been resident overseas in the previous 5 years, the Agency will obtain a check of the applicant's criminal record from the relevant authority in that country and seek additional information about an applicant's conduct. Where the country does not provide this service, advice will be sought from the Disclosure and Barring Service. The application process for criminal records checks or 'Certificates of Good Character' for someone from overseas varies from country to country. For further information, see GOV.UK, Criminal records checks for overseas applicants.
2.6 Employment Agency Staff
Where staff are recruited through an agency, written confirmation will be obtained that the appropriate checks have been undertaken. Similarly, safe recruitment practices will be observed with sessional staff.
2.7 Staff Records
The Agency maintains a record of the recruitment and suitability checks which have been carried out for those working for it (including as volunteers).
In relation to each member of staff appointed a record should be created to show:
- Written references obtained and confirmed by telephone;
- Gaps in employment history checked;
- A satisfactory Disclosure and Barring Service/Enhanced Disclosure and Barring Service certificate obtained, with unique reference number and date;
- Reasons/decision to appoint despite criminal convictions (i.e. a Risk Assessment);
- Evidence of proof of identity (this will have been provided for the Disclosure and Barring Service check);
- Evidence of qualifications;
- Details of registration with appropriate professional body;
- Confirmation of right to work in UK (for more information, please see GOV.UK website);
- Record of interview questions and answers.
Records should be signed and dated by appointing manager/chair of the interview panel.
2.8 Post Appointment Induction
There is an induction programme for all staff and volunteers. The purpose of the induction is to:
- Provide training and information about the Agency's safeguarding and child protection policies and procedures. This training should be at a level appropriate to the member of staff role and responsibilities with regard to children;
- Support individuals in a way that is appropriate for their role;
- Confirm the conduct expected of staff;
- Provide opportunities for a new member of staff or volunteer to discuss any issues or concerns about their role or responsibilities;
- Enable the line manager or mentor to recognise any concerns or issues about the person's ability or suitability at the outset and address them immediately;
- Ensure that the person receives written statements of:
- Policies and procedures in relation to safeguarding;
- The identity and responsibilities of staff with designated safeguarding responsibilities;
- Safe practice and the standards of conduct and behaviour expected;
- Other relevant personnel procedures e.g. whistleblowing, disciplinary procedures.
See also: Staff Qualifications, Training and Development Procedure.