Ashbourne College is committed to providing the best possible care and education to its pupils and to safeguarding and promoting the welfare of children and young people. Ashbourne is committed to providing a supportive and flexible working environment to all its members of staff. It recognises that, in order to achieve these aims, it is of fundamental importance to attract, recruit and retain staff who share this commitment.
The aims of Ashbourne’s recruitment policy are as follows:
- to ensure that the best possible staff are recruited on the basis of their merits, abilities and suitability for the position;
- to ensure that all job applicants are considered equally and consistently;
- to ensure that no job applicant is treated unfairly on any grounds including race, colour, nationality, ethnic or national origin, religion or religious belief, sex or sexual orientation, marital or civil partner status, disability or age;
- to ensure compliance with all relevant legislation, recommendations and guidance including the statutory guidance published by the Department for Education (DfE) safeguarding children and safer recruitment in education (Guidance) and any guidance or code of practice published by the Disclosure and Barring Service (DBS); and
- to ensure that the college meets its commitment to safeguarding and promoting the welfare of children and young people by carrying out all necessary pre-employment checks.
All employees involved in the recruitment and selection of staff are responsible for familiarising themselves with and complying with the provisions of this policy. The policy applies to all contracted staff, whether by employment, services or otherwise; special provisions are in place for supply staff volunteers and contractors.
2. Recruitment and selection procedure
All applicants for employment will be required to complete an application form containing questions about their academic and employment history and their suitability for the role. Incomplete application forms will be returned to the applicant where the deadline for completed application forms has not passed. A curriculum vitae will not be accepted in place of the completed application form.
Applicants will receive a job description and person specification for the role applied for. Application forms, job descriptions, person specifications and Ashbourne College’s Child Protection and Safeguarding Policy and Procedures are available from the college’s website and can be printed and forwarded to applicants on request.
To determine whether the candidate is suitable and to investigate any gaps or inconsistencies in their history, in the first instance, it is college policy to talk to potentially suitable applicants by telephone. The applicant may then be invited to attend a formal interview at which his / her relevant skills and experience will be discussed in more detail.
If there is a decision to make an offer of employment following the formal interview, any such offer will be conditional on the following:
- the agreement of a mutually acceptable start date and the signing of a contract incorporating Ashbourne’s standard terms and conditions of employment;
- the receipt of two references (one of which must be from the applicant’s most recent employer and which should comment on the candidate’s suitability to work with children) which Ashbourne considers to be satisfactory;
- the receipt of an enhanced disclosure from the DBS which Ashbourne considers to be satisfactory;
- verification of the applicant’s medical fitness for the role (see section 3 below); and
- where the position amounts to ‘regulated activity’ (see section 4.3 below) confirmation that the applicant is not named on the Children’s Barred List administered by the DBS*.
*A check of the Children’s Barred List is not permitted if an individual will not be undertaking ‘regulated activity’. Whether a position amounts to ‘regulated activity’ must therefore be considered by Ashbourne in order to decide which DBS checks are appropriate. It is however likely that in nearly all cases a Children’s Barred List check will be carried out.
The college 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 at 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.
Successful applicants should be aware that they are required to notify the school immediately if there are any reasons why they should not be working with children.
The interview will be face to face and attended by at least two senior members of staff, all of whom have regular training in safer recruitment.
Compulsory documents for interview
The college requests that all candidates invited to interview bring with them:
- A current driving licence including a photograph or a passport or a full birth certificate;
- 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.
- Any documents confirming educational and professional qualifications relevant to the post.
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.
Conditional offer of appointment: pre-appointment checks
Any offer to a successful candidate will be conditional upon:
- Receipt of at least two satisfactory references which should comment on the prospective employee’s suitability to work with children. No one may commence work until these have been received;
- Verification of identity and qualifications including, where appropriate, evidence of the right to work in the UK;
- A satisfactory enhanced DBS check and, if appropriate, a check of the Barred List maintained by the DBS;
- For a candidate to be employed as a teacher, a check that the candidate is not prohibited from teaching by a prohibition order issued by the Secretary of State for Education;
- Verification of professional qualifications, where appropriate;
- For those who have obtained Qualified Teaching Status (QTS) after 7 May 1999, verification of successful completion of statutory induction period;
- Where the successful candidate has worked or been resident overseas such checks and confirmations as the college may consider appropriate so that any relevant events that occurred outside the UK can be considered. Appropriate agencies in various countries are available on the government website: ‘applying for criminal records checks for someone who has worked outside the UK’ or the Teaching Regulation Agency employer access system for information about any teacher sanction or restriction;
- Satisfactory medical fitness;
- Confirmation that the candidate is not disqualified from providing childcare as set out in the statutory guidance Disqualification under the Childcare Act 2006 (July 2018) or receipt of a signed Staff Suitability Declaration form showing that the candidate is not disqualified from providing childcare as set out in the aforementioned statutory guidance;
- 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 2014. This applies to all Governors, Senior Management Team and teaching heads of department.
3. Medical fitness
Ashbourne is legally required to verify the medical fitness of anyone to be appointed to a post at the college after an offer of employment has been made but before the appointment can be confirmed.
It is Ashbourne’s practice that all applicants to whom an offer of employment is made must complete a Health Questionnaire. Ashbourne will arrange for the information contained in the questionnaire to be reviewed by the college’s medical advisor. 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 e.g. proposed timetable, extra-curricular activities, layout of the college, etc. If Ashbourne’s medical advisor has any doubts about an applicant’s fitness the college will consider reasonable adjustments in consultation with the applicant. Ashbourne may also seek a further medical advice from a specialist or request that the applicant undertakes a full medical assessment. Any medical information is regarded as sensitive personal information and will be held in the strictest confidence according to the college’s data protection policy.
Equality Act 2010: No job offer will be withdrawn without first consulting with the applicant, obtaining medical evidence, considering reasonable adjustments and suitable alternative employment.
4. Pre-employment checks
In accordance with the recommendations set out in the Dfe Guidance, and the requirements of the Education (Independent College Standards) (England) Regulations 2010, Ashbourne carries out a number of pre-employment checks in respect of all prospective employees.
4.1 Verification of identity and address
All applicants who are invited to an interview will be required to bring with them evidence of identity, right to work in the UK, address and qualifications as set out below and in the list of valid identity documents at Appendix 1 (these requirements comply with DBS identity checking guidelines):
- one document from Group 1; and
- two further documents from either of Group 1, Group 2a or Group 2b, one of which must verify the applicant’s current address; and
- original documents confirming any educational and professional qualifications referred to in their application form.
Where an applicant claims to have changed his / her name by deed poll or any other means (e.g. marriage, adoption, statutory declaration) he / she will be required to provide documentary evidence of the change.
Ashbourne asks for the date of birth of all applicants (and proof of this) in accordance with the Guidance. Proof of date of birth is necessary so that Ashbourne may verify the identity of, and check for any unexplained discrepancies in, the employment and education history of all applicants. Ashbourne does not discriminate on the grounds of age.
All offers of employment will be subject to the receipt of a minimum of two references which are considered satisfactory by the college. One of the references must be from the applicant’s current or most recent employer. If the current/most recent employment does/did not involve work with children, then the second reference should be from the employer with whom the applicant most recently worked with children. Neither referee should be a relative or someone known to the applicant solely as a friend.
Please note that no questions will be asked about health or medical fitness prior to any offer of employment being made.
All referees will be asked whether they believe the applicant is suitable for the job for which they have applied and whether they have any reason to believe that the applicant is unsuitable to work with children. All referees will be sent a copy of the job description and person specification for the role for which the applicant has applied. If the referee is a current or previous employer, they will also be asked to confirm the following:
- the applicant’s dates of employment, salary, job title / duties, reason for leaving, performance, sickness* and disciplinary record;
- whether the applicant has ever been the subject of disciplinary procedures involving issues related to the safety and welfare of children (including any in which the disciplinary sanction has expired), except where the issues were deemed to have resulted from allegations which were found to be false, unsubstantiated, unfounded or malicious; and
- whether any allegations or concerns have been raised about the applicant that relate to the safety and welfare of children or young people or behaviour towards children or young people, except where the allegation or concerns were found to be false, unsubstantiated, unfounded or malicious.
(*questions about health or sickness records will only be included in reference requests sent out after the offer of employment has been made.)
Ashbourne College will only accept references obtained directly from the referee and it will not rely on references or testimonials provided by the applicant or on open references or testimonials.
The college will compare all references with any information given on the application form. Any discrepancies or inconsistencies in the information will be taken up with the applicant and the relevant referee before any appointment is confirmed. The college will verify all references. Where references are received electronically, the college will ensure they originate from a legitimate source.
4.3 Criminal records check
Due to the nature of the work, the college applies for an enhanced disclosure from the DBS in respect of all prospective staff members, governors and volunteers.
Ashbourne applies for an enhanced disclosure from the DBS and a check of the Children’s Barred List (now known as an Enhanced Check for Regulated Activity) in respect of all positions at the college which amount to ‘regulated activity’ 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 by inclusion on the Children’s Barred List maintained by the DBS. Any position undertaken at, or on behalf of, the college (whether paid or unpaid), will amount to ‘regulated activity’ if it is carried out:
- frequently, meaning once a week or more; or
- overnight, meaning between 2.00 am and 6.00 am; or
- satisfies the ‘period condition’, meaning four times or more in a 30 day period; and
- provides the opportunity for contact with children.
This definition will cover nearly all posts at Ashbourne. Limited exceptions could include an administrative post undertaken on a temporary basis at Ashbourne’s office outside of term time. It is for the college to decide whether a role amounts to ‘regulated activity’ taking into account all the relevant circumstances.
The DBS now issues a DBS disclosure certificate only to the subject of the check rather than to Ashbourne. It is a condition of employment with Ashbourne that the original disclosure certificate is provided to the college within two weeks of it being received by the applicant. Original certificates should not be sent by post. A convenient time and date for doing so should be arranged with the Head of Administration as soon as the certificate has been received. Applicants who are unable to attend at Ashbourne to provide the certificate are required to send in a certified copy by post or email within two weeks of the original disclosure certificate being received. Certified copies must be sent to the Head of Administration. Where a certified copy is sent, the original disclosure certificate must still be provided on the first working day. Employment will remain conditional upon the original certificate being provided and it being considered satisfactory by Ashbourne College.
If there is a delay in receiving a DBS disclosure the Principal has discretion to allow an individual to begin work pending receipt of the disclosure. This will only be allowed if all other checks, including a clear check of the Children’s Barred List (where the position amounts to regulated activity), have been completed and once appropriate supervision has been put in place.
DBS checks will still be requested for applicants with recent periods of overseas residence and those with little or no previous UK residence. These applicants may also be asked to provide further information, including a criminal records check from the relevant jurisdiction(s).
There are limited circumstances where the college will accept a check from another educational institution which are as follows:
This is where the new member of staff (‘M’) has worked in:
- (a) A school or a maintained school in England in a position which brought M regularly into contact with children or young persons;
- (b) A maintained school in England in a position to which M was appointed on or after May 2006 and which did not bring M regularly into contact with children or young persons; or
- (c) An institution within the further education sector in England or in a 16 to 19 Academy in a position which involved the provision of education or which brought M regularly into contact with children or young persons,during a period which ended not more than three months before M’s appointment.
DBS Update Service
Where an applicant subscribes to the DBS Update Service the applicant must give consent to the college 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 Principal’s discretion. However, if an ‘enhanced disclosure’ is delayed, the Principal 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 Principal or senior 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.
It is an offence for the college to employ anyone in regulated activity who is barred from engaging in such.
5. Contractors and agency staff
Contractors engaged by the college must complete the same checks for their employees that Ashbourne is required to complete for its staff. Ashbourne requires confirmation that these checks have been completed before employees of the Contractor can commence work at the college.
Agencies who supply staff to Ashbourne must also complete the pre-employment checks which the college would otherwise complete for its staff. Again, Ashbourne requires confirmation that these checks have been completed before an individual can commence work at the college. Ashbourne will independently verify the identity of staff supplied by contractors or an agency in accordance with section 4.1 above.
6. Policy on recruitment of ex-offenders
Ashbourne College will not unfairly discriminate against any applicant for employment on the basis of conviction or other details revealed. Ashbourne makes appointment decisions on the basis of merit and ability. If an applicant has a criminal record this will not automatically bar him / her from employment within the college. Instead, each case will be decided on its merits in accordance with the objective assessment criteria set out in paragraph 6.2 below.
All positions within the college are exempt from the provisions of the Rehabilitation of Offenders Act 1974. All applicants must therefore declare all previous convictions and cautions, including those which would normally be considered ‘spent’ except for those to which the DBS filtering rules apply (see paragraph 4.3 above). A failure to disclose a previous conviction (which should be declared) may lead to an application being rejected or, if the failure to disclose is discovered after employment has started, may lead to summary dismissal on the grounds of gross misconduct. A failure to disclose a previous conviction may also amount to a criminal offence.
It is unlawful for Ashbourne to employ anyone who is barred from working with children. It is a criminal offence for any person who is barred from working with children to attempt to apply for a position at the college. Ashbourne will make a report to the Police and / or the DBS if:
- it receives an application from a barred person;
- it is provided with false information in or in support of an applicant’s application; or
- it has serious concerns about an applicant’s suitability to work with children.
6.2 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, Ashbourne 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; 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 Ashbourne’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; or
- serious class A drug related offences, robbery, burglary, theft, deception or fraud.
If the post involves access to money or budget responsibility, it is Ashbourne’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 Ashbourne’s normal policy to consider it a high risk to employ anyone who has been convicted of drink driving within the last ten years.
6.3 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, Ashbourne will carry out a risk assessment by reference to the criteria set out above. The assessment form must be signed by the Principal or the Deputy of Ashbourne College before a position is offered or confirmed.
If an applicant wishes to dispute any information contained in a disclosure, he / she can do so by contacting the DBS direct. In cases where the applicant would otherwise be offered a position were it not for the disputed information, Ashbourne will, 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.
6.4 Retention and security of disclosure information
Ashbourne’s policy is to observe the guidance issued or supported by the DBS on the use of disclosure information, but is under no obligation to do so.
In particular, Ashbourne College will:
- store disclosure information and other confidential documents issued by the DBS in locked, non-portable storage containers, access to which will be restricted to members of Ashbourne’s senior management team;
- not retain disclosure information or any associated correspondence for longer than is necessary, and for a maximum of six months. Ashbourne will keep a record of the date of a disclosure, the name of the subject, the type of disclosure, the position in question, the unique number issued by the DBS and the recruitment decision taken;
- ensure that any disclosure information is destroyed by suitably secure means such as shredding; and
- prohibit the photocopying or scanning of any disclosure information.
Single Central Record
An entry will be made on the Single Central Record for all current members of staff at the college, the proprietorial body and all individuals who work in regular contact with children including volunteers, supply staff and those employed as third parties.
Appendix 1. List of valid identity documents
Group 1: primary trusted identity credentials
- current valid passport
- biometric residence permit (UK)
- current driving licence (full or provisional) (UK / Isle of Man / Channel Islands; photo card with the associated counterpart licence; except Jersey)
- birth certificate (UK & Channel Islands) – issued at the time of birth (within 42 days of date of birth); Full or short form acceptable including those issued by UK authorities overseas, such as Embassies, High Commissions and HM Forces
Group 2a: trusted government / state issued documents
- current UK driving licence (old style paper version)
- current non-UK driving licence (valid for up to 12 months from the date the applicant entered the UK)
- birth certificate (UK and Channel Islands) – issued at any time after the date of birth by the General Registrar Office / relevant authority i.e. Registrars)
- marriage / civil partnership certificate (UK and Channel Islands)
- adoption certificate (UK and Channel Islands)
- HM Forces ID card (UK)
- fire arms licence (UK and Channel Islands)
Group 2b: Financial / social history documents
- mortgage statement (UK or EEA)
- bank / building society statement (UK and Channel Islands or EEA)
- bank / building society account opening confirmation letter (UK)
- credit card statement (UK or EEA)
- financial statement – e.g. pension, endowment, ISA (UK)
- P45 / P60 statement (UK and Channel Islands)
- council tax statement (UK and Channel Islands)
- work permit / visa (UK) (UK Residence Permit)
- letter of sponsorship from future employment provider (non UK / non EEA only valid for applicants residing outside the UK at the time of application)
- utility bill (UK) – not mobile telephone
- benefit statement – e.g. child benefit, pension
- a document from central / local government/ government agency / local authority giving entitlement (UK and Channel Islands) – e.g. from the Department for Work and Pension, the Employment Service , HM Revenue & Customs (HMRC), Job Centre, Job Centre Plus, Social Security
- EU national ID card
- cards carrying the PASS accreditation logo (UK)
- letter from Head or Ashbourne College Principal (UK) for 16-19 year olds in full time education. This is only used in exceptional circumstances if other documents cannot be provided.
Appendix 2. Safer recruitment personnel
|Director of Studies||Lee Kirbyfirstname.lastname@example.org|
|Head of Administration||Hien Nguyenemail@example.com|
|Deputy Head of Administration||Georgina Pritchardfirstname.lastname@example.org|
|Assistant to Head of Administration||Mani Giriemail@example.com|
|Authorised by||The Principal|
|Effective date of the policy||November 2019|
|Circulation||Teaching staff / all staff / parents / Students on request|
|Review date||September 2020|