Safer Recruitment and Selection Policy

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SAFER RECRUITMENT AND SELECTION POLICY

This policy is applicable to all students, staff and parents of Wellington College Academy Trust.

DOCUMENT CONTROL

Responsible position: Approved by:

HR Department Executive Principal

Version number: Date approved:

6.0 January 2017

Review Period: Next review date:

3 years January 2020

RELATED POLICIES AND DOCUMENTS

Policy Name Date Issued

National Minimum Standards Appendix 2/11 January 2013

Safeguarding and Child Protection Policy February 2013

Equal Opportunities June 2013

Keeping children safe in education (DfE) April 2014

REVISION RECORD Date Version Revision Description

September 2009 1.0 Written in line with current legislation and policies

July 2013 2.0 Amended in line with The Education Regulations 2007 and updated Staff Policy

January 2014 3.0 Amended in line with best practice

July 2014 4.0 Amended in line with the Keeping children safe in education policy issued by DfE

January 2015 5.0 Reviewed for boarding purposes

January 2017 6.0 Written in line with current legislation and policies

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1. POLICIES

1.1 Recruitment Policy

The Wellington College Academy Trust (Trust) is committed to fair recruitment and selection, and to appointing on merit, in accordance with the following procedures which take best practice into account.

1.2 Equal Opportunities

The Trust is committed to equal opportunities in employment. The Trust’s Equal Opportunities Policy aims to ensure that all employees are recruited, trained and promoted on the basis of ability, the requirements of the job and relevant and objective criteria.

No employee or job applicant should receive more or less favourable treatment on the grounds of race, nationality, colour, ethnic or national origin, age, sex, marital status (including being in a civil partnership), sexual orientation, religion or belief (of lack of religion or belief), creed, disability, undertaking or having undertaken gender reassignment or being pregnant or on maternity leave in any matters to do with employment.

1.3 Safeguarding Children

The Trust is committed to safeguarding and promoting the welfare of children and young people and expects all staff and volunteers to share this commitment

1.4 Safer Recruitment Training The Trust will ensure at least one member of the interview panel has successfully received current external accredited training in safer recruitment procedures. A copy of the current certificate will be held by HR. Once the external accredited training is completed, all staff required to recruit on behalf of the Trust will receive internal training on best practice recruitment and the Trust’s standard procedures. Governors required to be involved in recruitment on behalf of the Trust will also undergo the Trust’s internal recruitment training.

1.5 Appointment of Senior Leadership Team

The appointment of the Executive Principal / Head teacher will be made by the Board, following public advertisement.

Appointments to other posts on the Senior Leadership Team will be made by the Executive Principal, involving relevant members of the Local Governing Body if appropriate.

2. RECRUITMENT PROCEDURES

2.1 Advertising and Information for Applicants

All posts will be advertised. In accordance with the Trust’s Redundancy Policy, and in some other special circumstances, there may be occasions when posts will be advertised internally only.

All advertisements (internal and external) will be arranged through the HR Officer (Recruitment), who will also be responsible for receiving completed applications.

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Every advertisement will carry the necessary wording to demonstrate the Trust’s commitment to protecting children.

Recruitment packs will be available on the web site and will include:

general information about the Trust and the respective Academy and the job

job description and person specification

information about salary, benefits and other conditions of service as required

application form

safeguarding policy statement

child protection policy statement

disclosure of criminal background declaration form

equal opportunities monitoring form

details of how to apply and the closing date for applications

details of selection process and interview date(s) so far as these are known at the time

2.2 Handling Applications

(a) CVs which are not accompanied by an application form will not be accepted. (b) On receipt of an application, the HR Department will check that the essential items are present, e.g.

criminal background declaration form, completeness of employment history, names/addresses of referees, and follow these up with applicants as necessary. A form will be attached to all shortlisted applicants to highlight areas which need to be explored by the interview panel.

(c) The equal opportunities monitoring form will be detached from the application form and retained by the HR Officer (Recruitment). It will not be made available to the short-listing or interview panel. However, if an applicant has notified a disability and special arrangements may need to be made for the interview, the HR Officer (Recruitment) will make a note so that these arrangements can be put in place if the applicant is short-listed.

(d) All candidates invited to interview will be:

sent a copy of the prospectus (if this has not already been sent), clear details of how to reach the Trust, and offered reasonable travelling expenses

asked if they have any special requirements for the day of the interview e.g. if they have a disability

asked to bring to interview any relevant original documents (e.g. a passport) which will be checked to satisfy the requirements of the Asylum and Immigration Act 1997

asked to bring original proof of qualifications if relevant

asked to bring original proof of an enhanced DBS check if they are currently employed in a school / academy

(for teaching staff only) given details of any lesson they are to teach as part of the selection process

notified of any test or assessment activity (e.g. a presentation to the interview panel or a written test) they will be required to undertake on the day.

(e) No post will be offered without formal interview. (f) Applicants who are not selected for interview will be notified in writing.

2.3 Shortlisting and References (a) Short-listing of candidates will be against the person specification for the post

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(b) Where possible, references will be taken up before the selection stage, so that any discrepancies can be probed during the selection stage.

(c) References will be sought directly from the referee. References or testimonials provided by the

candidate will never be accepted. (d) Referees will be contacted by telephone or e mail in order to clarify any anomalies or discrepancies.

A detailed written note will be kept of such exchanges. (e) E-mail references will be accepted when they are sought directly from the organization the referee

works for and the e-mail cover sheet must be retained with the reference as evidence. (f) Where necessary, (if there is a concern) previous employers who have not been named as referees

will be contacted in order to clarify any anomalies or discrepancies. A detailed written note will be kept of such exchanges.

(g) Referees will always be asked specific questions about:

• the candidate’s suitability for working with children and young people; • any disciplinary warnings, including time-expired warnings, that relate to the safeguarding of

children; • the candidate’s suitability for the post.

2.4 Preparing for interview and assessment

(a) Interview questions will be prepared in advance with reference to the selection criteria set out in the person specification, including child protection issues as relevant.

(b) A pro forma for recording candidates’ responses and rating candidates against the selection criteria will be prepared.

(c) For teaching appointments, the normal classroom observation form will be used as a basis for assessing teaching performance.

(d) If a candidate has notified a disability, special arrangements will be made as relevant.

2.5 The Selection Process

(a) Selection techniques will be determined by the nature and duties of the vacant post, but all vacancies will require an interview of short-listed candidates.

(b) Interviews will always be face-to-face with a minimum of two people on the interview panel. Telephone interviews may be used at the short-listing stage but will not be a substitute for a face-to-face interview (which may be via visual electronic link).

(c) Candidates will always be required:

• to explain satisfactorily any gaps in employment; • to explain satisfactorily any anomalies or discrepancies in the information available to

recruiters; • to declare any information that is likely to appear on a DBS disclosure (including any spent or

unspent criminal convictions, as the role will relate to working with children); • to demonstrate their capacity to safeguard and protect the welfare of children and young

people.

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2.6 At Interview

(a) All candidates will have the opportunity to:

tour the site, preferably when it is in session, involving pupils in the process where relevant

meet the Head of Department/Faculty and others in the Department/Faculty

meet relevant members of the Senior Leadership Team

discuss fully the post, job description, salary, other conditions of service, health and attendance record, including medical questionnaires and procedure, and DBS check (in this connection any gaps in employment history or unusual career moves will be explored but pre-employment health questions will be limited to those necessary to determine a candidate’s ability to perform the role they are being interviewed for and otherwise as permitted by the Equality Act 2010)

(b) An Asylum and Immigration check will be carried out on the day of the interview, for which applicants will be asked to bring their passport or any other relevant documentation relating to their entitlement to work in the UK (see 2.7 below). This will be recorded by a member of the HR Team.

(c) Proof of qualifications (including driving licence if the appointee is required to drive a minibus) will also be checked on the day of the interview and recorded by a member of the HR Team.

(d) Photocopies of certificates, diplomas etc. will not be accepted unless properly certified by the awarding body.

(e) If a new DBS check is to be undertaken, at the Trust’s discretion, then proof of all previous names used will also be required.

2.7 Offering the post

(a) The successful candidate(s) will be selected using a system of rating against the criteria set out in the person specification, for which a template is available.

(b) The successful candidate will normally be offered the post initially by telephone, subject to formal confirmation in writing, satisfactory references (if not already received), satisfactory Disclosure from the DBS, occupational health checks and satisfaction of any other conditions the Trust places on the employment, as relevant.

(c) The letter of offer will be accompanied by:

a Statement of Employment Particulars

payroll information form

medical questionnaire with confidential envelope for return

disclosure application form and accompanying DBS leaflet

(d) Unsuccessful candidates will be notified either in writing or by telephone as soon as possible after the interview.

(e) A personnel file will be made up for the successful candidate and the Recruitment, Selection and Appointment Checklist must be signed off and completed.

2.8 Conditions of Employment

In addition, certain posts, including teaching posts, will be subject to satisfactory completion of a number of checks, including a Barred List check pursuant to s142 of the Education Act 2002 and a check of the European Economic Area checklist for sanctions overseas. Where these and/or any additional checks apply to the role in question, details will be explained to the candidate before the employment is confirmed.

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2.9 DBS Disclosures

Enhanced Disclosures are required for all new appointments, however there is no requirement to obtain an enhanced DBS check if, in the three months prior to beginning work in their new employment, the applicant has worked:

In a school in England in a post which brought them into regular contact with children or in any post in a school since 12 May 2005; or

In a college in England in a position which involved the provision of education and regularly caring for, training, supervising or being in sole charge of children or young people under the age of 18.

The applicant must show proof of their previous enhanced DBS check to enable the Single Central Record to be completed. If enquiries regarding a Disclosure need to be made of a previous employer, the applicant’s written consent will be obtained. In all other circumstances a new Disclosure application will be made and otherwise at the Trust’s discretion. Appendix A shows a flowchart of Disclosure and Barring Service Criminal record checks and barred list checks.

The Trust may request an enhanced DBS check with barred list information should there be concerns and bearing in mind the duty schools and colleges are under not to allow a barred person to work in regulated activity.

Where an applicant is required to complete an enhanced DBS check they should complete the online application process with the original documents required for evidence of identity. The Countersignatory is outsourced to Atlantic Data.

Employees recruited for Boarding will not be able to start without a DBS certificate, other staff may be allowed to start work at the Trust’s discretion pending a DBS Disclosure, providing a Barred List check is completed and confirmed to be clear, but in all cases not without two satisfactory references (excluding spouses/live in partners if not working in the school and children over 16). In this instance a risk assessment must be completed and reviewed with the line manager on a monthly basis. If the disclosure is not received by the applicant within a reasonable period of time the applicant must contact the Disclosure and Barring Service to chase the certificate. The Trust does not receive a copy of the DBS certificate and this must be presented by the applicant to the HR Department immediately upon receipt. A satisfactory DBS disclosure check is a condition of employment within the Trust.

If the Disclosure is satisfactory, the offer of employment can be confirmed. If, however, the contents of the Disclosure give cause for concern, the applicant will be invited for a further discussion before taking any decisions about future employment. Any DBS disclosures which show a conviction will require the applicant to have an interview with the Executive Principal or Headteacher or Vice Principal who will conduct a risk assessment. Any convictions which have not been declared at application or interview stage will be dealt with by the Trust’s Disciplinary Policy.

A copy of the completed DBS form will be kept on the individual’s personnel file until the DBS certificate is received. It will then be destroyed by a secure method (shredding, burning or pulping) and whilst waiting for destruction will be kept secure i.e. not lying around in a shredding sack or bin. A record will be kept of the date of the DBS certificate, its unique reference number, the nature of the employment for which it was requested, and any recruitment decision taken. Neither the original DBS Certificate nor any photocopy will be trained on any personnel file.

For new starters who have signed up for the Disclosure and Barring Service portable DBS check, they will be asked to provide the reference number to HR who will log on, check the details of the certificate, print the page to evidence the check and file it on the personnel file.

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2.10 Single Central Record

The Trust will hold a Single Central Record (SCR), referred to in the regulations as the register. The SCR will cover the following people:

All staff (including supply staff) who work with the Trust;

All others who work in regular contact with children within the Trust

The information recorded on these individuals is whether or not the following checks have been carried out or certificates obtained, and the date on which the checks were completed:

An identity check

A barred list check

An enhanced DBS check

A prohibition from teaching check (where applicable)

Further checks on people living or working outside the UK

A check of professional qualifications;

A check to establish the person’s right to work in the UK; and

Any other checks deemed to be necessary by the Trust.

2.11 Asylum and immigration check – Right to Work in the UK

One of the following documents must be seen and a copy retained:

passport showing the holder to be a British citizen or having right of abode in the UK European Economic Area passport or identity document describing the individual as an EEA* or

Swiss national (Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, The Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden)

residence permit issued by the Home Office to an EEA or Swiss national passport or other document issued by the Home Office which has an endorsement stating that the

holder has a current right of residence in the United Kingdom as a family member of a national from a EEA country or Switzerland who is resident in the United Kingdom

passport or other travel document endorsed to show that the holder can stay indefinitely in the United Kingdom, or has no time limit on their stay

passport or other travel document endorsed to show that the holder can stay in the United Kingdom; and that this endorsement allows the holder to do the type of work you are offering if they do not have a work permit

an Application Registration Card issued to an asylum seeker stating that the holder is permitted to take up employment

Where no secure document can be produced, the employer must check and take a photocopy of two original documents from a list available from the Home Office.

Evidence of an employee’s right to work within the UK is a condition of employment at the Trust.

2.12 Overseas Check

Additional checks must be undertaken where the appointee has lived outside the UK. The current DfE guidance regarding additional overseas checks is as follows:

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a) Newly appointed individuals who had lived or worked outside the UK must undergo the same pre-employment checks as all other staff in schools. In addition, schools must make any further checks they think appropriate so that any relevant events that occurred outside the UK can be considered (Keeping Children Safe in Education).

b) For all new appointments, schools must make any further checks they think appropriate for individuals who have ever lived or worked abroad, and not limit overseas checks to the last 5 years. In order to gather the information needed to ascertain whether additional checks are needed, the ‘Overseas Residence Confirmation Form’ within the application form must be completed. As a minimum, where new appointments have lived/worked abroad in the last 5 years, additional checks must be carried out. If a new appointment has lived or worked abroad more than 5 years ago the school will need to consider the information provided by the individual on the ‘Overseas Residence Confirmation Form’, seek additional information from the individual if necessary, and decide whether it is appropriate and necessary to undertake additional overseas pre-employment checks. A written record should be kept detailing all decisions and their basis. The box at the end of the ‘Overseas Residence Confirmation Form’ can be used to record the rationale for any decision or detail any additional enquires made/information requested.

c) Additional checks include obtaining certificates of good conduct from relevant embassies or overseas police forces and must wherever possible be obtained and funded by the individual prior to their starting work. For certain countries the DBS provide information on who the individual should contact to obtain a certificate of good conduct. Where an applicant is from, or has lived in, a country where criminal record checks cannot be made or is a refugee with leave to remain in the UK and has no means of obtaining relevant information, you must take extra care in taking up references and carrying out background checks e.g. additional references should be sought and followed up by phone as well as letter.

d) The SCR must record whether or not any additional check(s) was required, if so, what additional check(s) has been carried out, the date the check(s) was undertaken and completed/evidence obtained and who carried out the check(s).

2.13 Prohibition Order

a) It is a statutory requirement of the SCR that prohibition order checks are recorded for all newly

appointment teachers and retrospective checks completed for those who have started employment

since 1st April 2012.

b) Proof of the prohibition order check should be kept on the individual’s personnel file.

2.14 Disqualification from Management

a) Revised standards for Independent schools require that checks be made for the existence of

directions by the Secretary of State under s128 of the Education Skills Act 2008 barring individuals

from taking part in the management of an independent school.

b) A check for an s128 direction is required for all new appointments, to any of the positions detailed

below, with effect from 12th August 2015.

c) For the purpose of this legislation, Academies and Free Schools are also defined within the

definition of an independent school and are therefore required to undertake the same checks as

any other independent school.

d) The scope of the barring directions at school level covers:

i. Executive Principal / Head teacher

ii. Any teaching positions on the Senior Leadership Team

iii. Any non-teaching posts on the Senior Leadership Team

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iv. Any teaching positions which carry a departmental headship

e) Checks should be made on the following basis:

i. If the individual is in a teaching post, including the head teacher, both the enhanced DBS

barred list check and NCTL prohibition check can be used to indicate whether a section 128

direction exists.

ii. If the individual is in a non-teaching post, an enhanced DBS barred list check should be

used to confirm whether a section 128 direction exists.

iii. If you are using the DBS route then the Job Title must include “Independent School” to

denote to Atlantic Data that this check is required.

iv. When conducting the NCTL prohibition check any s128 direction would be identified on the

list of teachers or others who have been prohibited from teaching.

f) The check should be recorded on the SCR.

g) There is no requirement for retrospective checks to be completed on staff already in a

management post within scope of this requirement or if staff already employed within a school

subsequently move into a post which would now require such a check.

2.15 Disqualification by Association Checks a) The Childcare (Disqualification) Regulations 2009 prohibit anyone who is disqualified either themselves under the Regulations, or who lives in the same household as a disqualified person, from working in a relevant setting, including in schools. b) The following categories of staff in nursery, primary or secondary school settings are covered by the Childcare (Disqualification) Regulations 2009: i) staff who work in early years provision (including teachers and support staff working in school nursery and reception classes); ii) staff working in later years provision for children who have not attained the age of 8 including before school settings, such as breakfast clubs, and after school provision; iii) staff who are directly concerned in the management of such early or later years provision. c) The Regulations refer to employing a person “in connection with” these provisions and therefore:

i) In Infant and Nursery Schools - All staff will be covered

ii) Primary/Junior Schools - All staff are covered unless they are always exclusively working

with those over the age of 8.

iii) Secondary Schools - will need to undertake checks on relevant staff (including

managers) where any services are provided where under 8s may be in attendance e.g. childcare

facilities, before or after school clubs.

A person is disqualified if any of the following apply:

i. They have been cautioned for, or convicted of certain violent or sexual criminal offences against

adults and any offences against children;

ii. They are the subject of an Order, direction or similar in respect of childcare, including orders made

in respect of their own children;

iii. That have had registration refused or cancelled in relation to childcare of children’s homes or have

been disqualified from private fostering. They live in the same household where another person

who is disqualified lives or works (disqualification ‘by association’). This means that the

householder has an order, restriction, conviction, caution etc. set out in the Legislation. It is

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accepted that staff may not necessarily know this information – the declaration requires them to

answer “to the best of their knowledge”.

2.16 Occupational health check

The completed medical questionnaire may be sent in confidence to the Trust’s occupational health adviser. The adviser may:

i. Confirm that the appointee is fit to undertake the job, in which case s/he should be informed that the check has been satisfactory

ii. Ask for a medical report from the appointee’s own doctor, in which case the Executive Principal or Headteacher will need to write to the appointee and his/her own doctor

iii. ask for a medical examination, in which case the Executive Principal or Headteacher will need to write to the appointee, and to his/her own doctor if the appointee elects not to be examined by the Trust’s occupational health adviser

The appointee will need to complete a consent form if a report is required from his/her own doctor. Once the check has been completed, the questionnaire will not be kept in the individual's personal file, but in a separate confidential file kept and accessible only to the Executive Principal.

2.17 Payroll documentation

The completed personal details form, plus any accompanying documents must be completed as part of the starter process. No salary is paid until the form and all the accompanying documentation is received. All new employees must provide a P45 or P46 form.

2.18 Removal and relocation expenses

Reasonable removal and relocation expenses incurred by employees who need to relocate to take up a new post will be reimbursed at the discretion of the Executive Principal.

2.19 Retention of records

Application forms from unsuccessful shortlisted applicants, interview notes and reasons for rejection will be kept for a period of six months.

2.20 Induction of new Employees

An induction checklist will be prepared and completed by every new member of staff (template available).

All staff who are new to the school will receive induction training that will include the Trust’s safeguarding policies and guidance on safe working practices.

Regular meetings will be held during the first 6 months of employment between the new employee(s) and the appropriate manager(s).

2.21 Supervision of Ancillary, Contract and ‘unchecked’ staff

Ancillary and Contract staff will normally be asked to complete the full checking procedures for employed staff. For long term contracts such as catering, this requirement will be included in the Terms and Conditions of the contract and will be checked with the contractor regularly. Short term contractors, other

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than those who are in possession of a DBS clearance, and who require regular unsupervised access to children or vulnerable adults will be supervised at all times by a member of staff.

If staff are unchecked (i.e. their recruiting checks are not fully complete prior to commencing their appointment) then a risk assessment will be carried out by the HR department and agreed by the Executive Principal as to whether they can commence employment. Factors that will be considered are:

The extent and nature of the uncompleted checks

The reason for the check remaining outstanding

Records from their previous employment

The extent of their access to children or vulnerable adults

The risk assessment will be recorded in the SCR and reviewed at an interval to be determined by the Executive Principal

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Appendix A