Safer Recruitment Policy

6.1. In accordance with the recommendations set out in KCSIE and the requirements of the
Education (Independent School Standards) Regulations 2014, the Company carries out a
number of pre-employment checks in respect of all prospective employees.
6.2. If it is decided to make an offer of employment following the formal interview, any such offer
will be conditional on the following:
   6.2.1. The agreement of a mutually acceptable start date and the signing of a contract
incorporating the Company’s standard terms and conditions of employment;
   6.2.2. Verification of the applicant’s identity (where that has not previously been verified);
   6.2.3. The receipt of two references (one of which must be from the applicant’s most recent
employer) which the Company considers to be satisfactory;
   6.2.4. For positions which involve “teaching work”:
      6.2.4.1. The Company being satisfied that the applicant is not, and has never been, the
subject of any proceedings before a professional conduct panel or equivalent body in
the UK or any other country for any reason which prevents the applicant working at the
Company or which, in the Company’s opinion, renders the applicant unsuitable to work
at the Company.
   6.2.5. For all positions the receipt of an enhanced disclosure from the DBS which the
Company considers to be satisfactory;
   6.2.6. Where the position requires confirmation that the applicant is not named on the
Children’s Barred List;
   6.2.7. Where the position requires confirmation that the applicant is not subject to a direction
under section 142 of the Education Act 2002 which prohibits, disqualifies or restricts
them from providing education, taking part in the management of education or working
in a position which involves regular contact with children;
   6.2.8. where the position requires confirmation that the applicant is not subject to a direction
under section 128 of the Education Act 2002 which prohibits, disqualifies or restricts
them from being involved in the management of education;
   6.2.9. Verification of the applicant’s medical fitness for the role;
   6.2.10. Verification of the applicant’s right to work in the UK;
   6.2.11. Any further checks which are necessary as a result of the applicant having lived or
worked outside of the UK;
   6.2.12. Verification of professional qualifications which the Company deems a requirement for
the post, or which the applicant otherwise cites in support of their application (where
they have not been previously verified).
6.3. A personal file checklist will be used to track and audit paperwork obtained in accordance with
Safer Recruitment Training. The checklist will be retained on personal files.
6.4. The Rehabilitation of Offenders Act 1974
   6.4.1. The Rehabilitation of Offenders Act 1974 does not apply to positions which involve
working with, or having access to learners. Therefore, any convictions and cautions
that would normally be considered ‘spent’ must be declared when applying for any
position at SB Skills Solutions.
6.5. DBS (Disclosure and Barring Service) Certificate (formerly known as CRB Disclosure)
   6.5.1. The Company applies for an enhanced disclosure from the DBS in respect of all
positions as defined in the Safeguarding Vulnerable Groups Act 2006 (as amended).
The purpose of carrying out an Enhanced Check for Regulated Activity is to identify
whether an applicant is barred from working with children.
   6.5.2. It is the Company’s policy that the DBS disclosure must be obtained before the
commencement of employment of any new employee.
   6.5.3. It is the Company’s policy to re-check employee’s DBS Certificates every three years
and in addition any employee that takes leave for more than three months (i.e.
maternity leave, career break, etc.) must be re-checked before they return back to
work.
   6.5.4. Members of staff at SB Skills Solutions are aware of their obligation to inform their line
manager of any cautions or convictions that arise between these checks taking place.
   6.5.5. DBS checks will still be requested for applicants with recent periods of overseas
residence and those with little or no previous UK residence.
6.6. Dealing with convictions
   6.6.1. The Company operates a formal procedure if a DBS Certificate is returned with details
of convictions. Consideration will be given to the Rehabilitation of Offenders Act 1974
and also:
      6.6.1.1. The nature, seriousness and relevance of the offence;
      6.6.1.2. How long ago the offence occurred;
      6.6.1.3. One-off or history of offences;
      6.6.1.4. Decriminalisation and remorse.
   6.6.2. A formal meeting will take place face-to-face to establish the facts with the Designated
Safeguarding Lead. A decision will be made following this meeting. 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 Designated Safeguarding Lead will evaluate all of the risk factors
above before a position is offered or confirmed.
   6.6.3. 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 Company may, where practicable
and at its discretion, defer a final decision about the appointment until the applicant
has had a reasonable opportunity to challenge the disclosure information.
6.7. Secretary of State Prohibition Orders (Teaching and Management roles)
   6.7.2. A section 128 direction 39 prohibits or restricts a person from taking part in the
management of an independent training provider.
   6.7.3. A person who is prohibited is unable to participate in any management of an
independent training provider or a management position that retains or has been
delegated any management responsibilities. Where the person will be engaging in
regulated activity, a DBS barred list check will also identify any section 128 direction.
6.8. Proof of identity, Right to Work in the UK and Verification of Qualifications and/or professional
status
   6.8.1. All applicants invited to attend an interview at the Company will be required to bring
their identification documentation such as a passport, birth certificate, driving licence,
etc. with them as proof of identity/eligibility to work in the UK in accordance with those
set out in the Immigration, Asylum and Nationality Act 2006 and DBS identity checking
guidelines. The Company does not discriminate on the grounds of age.
   6.8.2. Where an applicant claims to have changed their name by deed poll or any other
means (e.g. marriage, adoption, statutory declaration) they will be required to provide
documentary evidence of the change.
   6.8.3. In addition, applicants must be able to demonstrate that they have actually obtained
any academic or vocation qualification legally required for the position and claim in
their application.
6.9. Medical Fitness
   6.9.1. The Company is legally required to verify the medical fitness of anyone to be appointed
to a post at the Company, after an offer of employment has been made but before the
appointment can be confirmed.
   6.9.2. The Company is aware of its duties under the Equality Act 2010. No job offer will be
withdrawn without first consulting with the applicant, obtaining medical evidence and
considering reasonable adjustments.
6.10. Overseas checks
   6.10.1. In addition, applicants who have lived/travelled abroad for more than 3 months will
need to obtain a criminal records check from the relevant country. The applicant will
not be permitted to commence work until the overseas information has been received
and is considered satisfactory by the Company.
6.11. Induction Programme
   6.11.1. All new employees will be given an induction programme which will clearly identify the
Company policies and procedures, including the Code of Conduct and Part One of the
KCSIE, and make clear the expectations which will govern how staff carry out their
roles and responsibilities.
6.12. Single Centralised Register of Members of Staff
   6.12.1. In addition to the various staff records kept in the Company and on individual personnel
files, a single centralised record of recruitment and vetting checks is also kept. The
Single Centralised Register contains details of the following:
      6.12.1.1. All employees who are employed to work at the Company;
      6.12.1.2. All employees who are employed directly or through an agency;
      6.12.1.3. All others who have been chosen by the Company to work in regular
contact with children. This will cover volunteers, peripatetic staff and
contractors.
6.13. Record Retention/Data Protection
   6.13.1. The Company is legally required to undertake the above pre-employment checks.
Therefore, if an applicant is successful in their application, the Company will retain on
their personnel file any relevant information provided as part of the application process.
This will include copies of documents used to verify identity, right to work in the UK,
medical fitness and qualifications. Medical information may be used to help the
Company to discharge its obligations as an employer, e.g. so that the Company may consider reasonable
adjustments if an employee suffers from a disability or to assist with any other workplace issue.
   6.13.2. This documentation will be retained by the Company for the duration of the successful
applicant’s employment with the Company. All information retained on employees is
kept centrally on a secure electronic system accessible only by Human Resources and
Finance.
   6.13.3. The same policy applies to any suitability information obtained about volunteers
involved in Company activities.
   6.13.4. SB Skills Solutions will retain all interview notes on all unsuccessful applicants for a
period of six months, after which time the notes will be confidentially destroyed (i.e.
shredded). The six month retention period is in accordance with the General Data
Protection Regulations (GDPR).
6.14. Ongoing Employment
   6.14.1. SB Skills Solutions recognises that safer recruitment and selection is not just about
the start of employment, but should be part of a larger policy framework for all staff.
The Company will therefore provide ongoing training and support for all staff, as
identified through the annual review/appraisal procedure.
6.15. Leaving Employment at SB Skills Solutions
   6.15.1. Despite the best efforts to recruit safely there will be occasions when allegations of
serious misconduct or abuse against learners are raised. This policy is primarily
concerned with the promotion of safer recruitment and details the pre-employment
checks that will be undertaken prior to employment being confirmed. Whilst these are
pre-employment checks, the Company also has a legal duty to make a referral to the
DBS in circumstances where an individual:
      6.15.1.1. Has applied for a position at the Company despite being barred from
working with children;
      6.15.1.2. Has been removed by the Company from working in regulated activity
(whether paid or unpaid), or has resigned prior to being removed,
because they have harmed, or pose a risk of harm to a learner.
6.16. Contractors and agency staff
   6.16.1. Contractors engaged by the Company must complete the same check for their
employees that the Company is required to complete for its staff. The Company
requires confirmation that these checks have been completed before employees of the
Contractor can commence work at the Company.
   6.16.2. Agencies who supply staff to the Company must also complete the pre-employment
checks which the Company would otherwise complete for its staff. Again, the Company
requires confirmation that these checks have been completed before an individual can
commence work at the Company.
   6.16.3. The Company will independently verify the identity of staff supplies by contractors or
an agency and will require the provision of the original DBS certificate before
contractors or agency staff can comment work at the Company.
6.17. Volunteers
   6.17.1. The Company will request an enhanced DBS disclosure on all volunteers undertaking
regulated activity with pupils at or on behalf of the Company (the definition of regulated
Manager with responsibility for this document – Philippa Plumpton (Funding Manager)
11. Approved on – April 28
th, 2023.
12. Review Due by – April 28
th, 2024
activity at out above will be applied to all volunteers).
   6.17.2. Under no circumstances will the Company permit an unchecked volunteer to have
unsupervised contact with pupils.
   6.17.3. It is the Company’s policy that a new enhanced DBS certificate is required for
volunteers who will engage in regulated activity but who have not been involved in
any activities with the Company for three consecutive months or more.
   6.17.4. In addition the Company will seek to obtain such further suitability information about
a volunteer as it considers appropriate in the circumstances. This may include (but is
not limited to) the following:
      6.17.4.1. Formal or informal information provided by staff and other volunteers;
      6.17.4.2. Character references from the volunteer’s place of work or any other
relevant source;
      6.17.4.3. An informal safer recruitment interview.
6.18. Monitoring and Evaluation
   6.18.1. The Designated Safeguarding Lead will be responsible for ensuring that this policy
is monitored and evaluated throughout the Company. This will be undertaken
through formal audits of job vacancies and a yearly Safer Recruitment Evaluation
audit.