Safer Recruitment and Selection of Staff

Safer Recruitment and Selection of Staff

 
1. Statement 
2. Aims
 3. Related policies, legislation and guidance 
4. Responsibilities and roles
5. Data protection
6. Artificial intelligence 
7. Recruitment and selection procedure

7.1 Application requirements
7.2 Shortlisted candidates
7.3 Interview
7.4 Retention of records
7.5 References
7.6 Conditional offer of appointment: pre-appointment checks
7.7 Criminal records checks
7.8 Prohibition from teaching check
7.9 Prohibition from management check
7.10 Medical fitness
7.11 Seasonal staff
7.12 Contractors and agency supply staff
7.13 Volunteers
7.14 Visiting speakers and the Prevent Duty
7.15 Visitors 

8. Policy on recruitment of ex-offenders 
9. Retention and security of disclosure information 
10. Whistleblowing and exit interviews
11. Referrals to the DBS and Teaching Regulation Agency

Appendix A: List of valid identity documents
Appendix B: Safer recruitment staff

1. Statement 
Ashbourne College is committed to providing the best possible care and education to its students and to safeguarding and promoting their welfare. Ashbourne provides 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 policy applies to all contracted staff, whether by employment, services or otherwise; special provisions are in place for supply staff, volunteers, visitors and contractors. The principles of this policy apply to the professional behaviours of staff towards all students, including those over the age of 18 years.

All employees involved in the recruitment and selection of staff are required to familiarise themselves with and comply with the provisions of this policy. 

2. Aims 
The aims of Ashbourne’s Safer Recruitment Policy are to ensure: 

2.1 that the best possible staff are recruited on the basis of their merits, abilities and suitability for the position;

2.2 that all job applicants are considered equally and consistently;

2.3 that no job applicant is treated unfairly on any grounds including race, colour, nationality, ethnic or national origin, religion or religious belief, pregnancy or maternity, sex or sexual orientation, marital or civil partner status, gender reassignment, disability or age;

2.4 compliance with all relevant legislation, recommendations and guidance;

2.5 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.

3. Related policies, legislation and guidance 
3.1 Policies

 
3.2 Relevant legislation and guidance This policy has been developed in accordance with relevant government legislation and guidance, including Keeping Children Safe in Education, The Education (Independent School Standards) Regulations 2014 and Prevent Duty and Guidance.

Full list of legislation and guidance

4. Roles and responsibilities
 The Principal has overall responsibility for safer recruiting and in particular must ensure that all applicants for employment are treated equally, fairly and without prejudice.

The Head of Administration is charged with ensuring all documentation and information relating to pre-employment checks is properly secured before employment commences. This includes the employment of supply staff.

They also ensure that this information is properly entered in the Single Central Record, stored securely and, if appropriate, destroyed securely. These are checked with the Designated Safeguarding Lead where appropriate. All staff have a responsibility for whistleblowing.
  
The Facilities Manager is responsible for ensuring that all contractors have properly cleared all necessary pre-employment checks.

5. Data protection
The College is legally required to carry out the pre-appointment checks detailed in this procedure. Staff and prospective staff will be required to provide certain information to the College to enable the College to carry out the checks that are applicable to their role. The College will also be required to provide certain information to third parties, such as the Disclosure and Barring Service and the Teaching Regulation Agency. Failure to provide requested information may result in the College not being able to meet its employment, safeguarding or legal obligations. The College will process personal information in accordance with its Data Protection Policy and Staff Privacy Notice.

6. Artificial intelligence
The College does not use artificial intelligence software as a decision making tool at any stage of the recruitment process, including in respect of external and internal applications and promotion proposals.

7. Recruitment and selection procedure
7.1 Application requirements
All candidates for employment will be required to complete an application form containing questions about their academic and employment history and their suitability for the role.

Candidates will also be asked to provide details of their online profile, including account names and social media handles so that online searches can be carried out on shortlisted candidates (see
7.6.2 Online searches below). This information must be provided by the candidate in order for the application to be accepted.

Incomplete application forms will be returned to the applicant where the deadline for completed application forms has not passed. Should there be any gaps in academic or employment history, a satisfactory explanation must be provided. A curriculum vitae will not be accepted in place of the completed application form.

All job advertisements contain job descriptions and person specifications where relevant. Application forms, job descriptions, person specifications and key, relevant College policies – Child Protection and Safeguarding, Staff Code of Conduct and Data Protection – are available from the College’s website.

The College will conduct a shortlisting exercise by reviewing all application forms received in order to determine which candidates will be invited for interview.

7.2 Shortlisted candidates
All shortlisted candidates will be required to complete a self-declaration form prior to interview in which they will be asked to provide information about their criminal records history and other factors relevant to their suitability to work with children. This information will be considered and discussed with candidates at the interview.

Shortlisted candidates will be invited to attend a formal interview at which their skills and experience will be discussed in more detail. All shortlisted candidates will be tested at the interview about their suitability to work with children.

7.3 Interview 
The interview will be face to face and attended by at least two senior members of staff, at least one of whom has had regular training in safer recruitment.

Candidates with a disability who are invited to interview should inform the College of any necessary reasonable adjustments or arrangements to assist them in attending the interview.

7.3.1 Compulsory documents for interview
All candidates who are invited to an interview will be required to bring with them original documents which evidence their:

identity
right to work in the UK
address
qualifications

The College asks for this information at the interview to ensure that the person attending the interview is who they claim to be, that they are permitted to work for the College if appointed and that they hold appropriate qualifications.

7.3.2 Identity and address
All candidates must bring with them to interview, original documents which evidence their identity and address as set out below and in the list of valid identity documents in Appendix A (these requirements comply with DBS identity checking guidelines):

one document from Group 1*
two further documents from either of Group 1*, Group 2a or Group 2b, one of which must verify the candidate’s current address

*applicants must always provide their birth certificate as one form of identity unless there is good reason why this cannot be provided.

Where a candidate 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. They will also be required to provide their birth certificate.

7.3.3 Right to work in the UK
All candidates must bring a valid form of evidence which confirms their right to work in the UK.

Valid forms of evidence can be found in the Home Office Right to Work Checklist.

The College will check evidence of the right to work in the UK in accordance with the Home Office Code of Practice on preventing illegal working: Civil penalty scheme for employers.

7.3.4 Qualifications
All candidates must also bring to interview original documents which evidence any educational and professional qualifications referred to in their application form and/or which the College requests.

7.4 Retention of records
The College will retain copies of the documents used to verify candidates’ identity, right to work and qualifications in accordance with the data protection regulations.

7.5 References
 Written or verbal references will be taken up on short listed candidates prior to interview where possible, with the candidate’s consent.
Please note that no questions will be asked about health or medical fitness prior to any offer of employment being made.

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.

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.

7.5.1 If the referee is a current or previous employer, they will also be asked to confirm the following:

the candidate’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;
whether any allegations or concerns have been raised about the candidate 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;
whether the candidate could be considered to be involved in “extremism” (see the definition of “extremism” in section 7.16 below).

*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 candidate 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.

If it has not been possible to obtain a reference prior to interview it will be reviewed upon receipt. Any discrepancies identified between the reference and the application form and/or the interview assessment form will be considered by the College. The candidate may be asked to provide further information or clarification before an appointment can be confirmed.

If factual references are received, i.e. those which contain limited information such as job title and dates of employment, this will not necessarily disadvantage a candidate although additional references may be sought before an appointment can be confirmed.

The College will verify all references. Where references are received via email, the College will ensure they originate from a legitimate source.

The College treats all references given or received as confidential which means that the candidate will not be provided with a copy.

All references received from another school must be countersigned by the Head of that school.

All internal candidates who apply for a new role at the College will have their application assessed in accordance with this procedure. References may be taken up on internal candidates as part of the application process and can be provided by colleagues as the College will be the most recent employer and will previously have taken up references from past employers.

7.6 Conditional offer of appointment: pre-appointment checks
 In accordance with the recommendations set out in KCSIE, DUCA and the requirements of the ISSRs the College carries out a number of pre-employment checks in respect of all prospective staff.

In fulfilling its obligations to carry out pre-employment checks the College does not discriminate on the grounds of race, colour, nationality, ethnic or national origin, religion or religious belief, sex or sexual orientation, marital or civil partner status, gender reassignment, disability or age.

7.6.1 Any offer of employment will be conditional upon the following:

verification of the candidate’s identity (where that has not previously been verified);
verification of qualifications, whether professional or otherwise including QTS, which the College takes into account in making the appointment decision, or which are referred to in the application form, whether a requirement for the role or not;
verification of the candidate’s employment history;
the College being satisfied that any information generated through online searches does not make the candidate unsuitable to work at the College;
the receipt of two references (one of which must be from the candidate’s most recent employer) which should include information on the candidate’s suitability to work with children. Selected candidates may not commence work until satisfactory references have been received;
verification of the candidate’s right to work in the UK;
where the position amounts to “regulated activity” (see Criminal Record section below) the receipt of an enhanced disclosure from the DBS which the College considers to be satisfactory;
where the position amounts to “regulated activity” (see Criminal Record section below) confirmation that the candidate is not named on the Children’s Barred List*;
information about whether the candidate has ever been subject to a direction under section 142 of the Education Act 2002 which renders them unable or unsuitable to work at the College;
for positions which involve “teaching work”, information about whether the candidate has ever been referred to, or is the subject of a sanction, restriction or prohibition issued by the Teaching Regulation Agency which renders them unable or unsuitable to work at the College;
for candidates who have carried out teaching work outside the UK (within the last five years), information about whether the candidate has ever been referred to, or is the subject of a sanction issued by a regulator of the teaching profession, or other appropriate authority, in any other country which renders them unable or unsuitable to work at the College; the Teaching Regulation Agency employer access system for information about any teacher sanction or restriction is available for searches;
where the 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. Ashbourne adopts the NSPCC’s guidance of carrying out an overseas check when a candidate has lived or worked outside the UK for 3 months or more in the last 5 years; appropriate agencies in various countries are available on the government website: ‘applying for criminal records checks for someone who has worked outside the UK’;
for management positions, information about whether the candidate has ever been referred to the Department for Education, or is the subject of a direction under section 128 of the Education and Skills Act 2008 which renders them unable or unsuitable to work at the College; this applies to all governors, senior management and teaching heads of faculty;
verification of the candidate’s medical fitness for the role (see Medical fitness section below).
the agreement of a mutually acceptable start date and the signing of a contract incorporating the College’s standard terms and conditions of employment.

*The College is not permitted to check the Children’s Barred List unless an individual will be engaging in “regulated activity”. The College is required to carry out an enhanced DBS check for all staff, who will be engaging in regulated activity. However, the College can also carry out an enhanced DBS check on a person who would be carrying out regulated activity but for the fact that they do not carry out their duties frequently enough i.e. roles which would amount to regulated activity if carried out more frequently.

Whether a position amounts to “regulated activity” must therefore be considered by the College in order to decide which checks are appropriate. It is however likely that in nearly all cases the College will be able to carry out an enhanced DBS check and a Children’s Barred List check.

7.6.2 Online searches
In addition to the checks set out above, the College reserves the right to obtain such formal or informal background information about a candidate as is reasonable in the circumstances to determine whether they are suitable to work at the College. In accordance with KCSIE this will include online searches on shortlisted candidates.

The online searches the College carries out may include internet search engines, including AI modes, websites and social media platforms. Candidates are not required to provide account passwords or to grant the College access to social media or professional networking account content that is not publicly available. However, if information (such as profile pictures and/or account biographies) is publicly available when a social media or professional networking site account is locked and can therefore be viewed by the College, it may be taken into account as part of the online search.

Online searches may be carried out at the shortlisting stage or after an offer of employment has been made (but prior to work commencing). The College will not carry out online searches as part of its initial sift of applications.

The College will determine how it approaches online searches on a case by case basis. However, all candidates for a role at the College will be treated consistently with regard to online searches.

In carrying out online searches the College is looking for any publicly available information about a candidate that:

may be relevant to their suitability to carry out the role for which they have applied;
may be relevant to their suitability to work at the College or in an education setting;
is of a safeguarding nature; and/or
may have an impact on the College’s reputation (whether positive or negative).

Any information generated from online searches will be entered in an online search results record.

Where online searches are undertaken on shortlisted candidates any relevant information generated will be provided to the interview panel for discussion with shortlisted candidates at interview. Where online searches are undertaken on the successful candidate only any relevant information generated will be discussed prior to employment commencing.

All offers of employment will be conditional upon the College being satisfied that the successful candidate is suitable to work at the College in light of any information generated from online searches.

In evaluating any online information for relevance the College will use the following criteria:

whether the information is relevant to the position applied for;
whether the information is relevant to the candidate’s suitability to work at the College or in an education setting;
whether the information could have an impact on the College’s reputation (whether positive or negative);
whether the information calls into doubt the candidate’s willingness or ability to uphold the College’s commitment to safeguarding and promoting the welfare of children;
the length of time since the information became publicly available and whether the candidate’s circumstances have changed since the information was published;
whether the information reveals a pattern of concerning behaviour; and

the relevant circumstances and the explanation(s) offered by the candidate.

For successful candidates, the College will retain information generated through online searches for the duration of the individual’s employment and in accordance with data protection regulations.

For unsuccessful candidates, the College retains the information generated from online searches for six months from the date on which they are informed their application was unsuccessful, after which it will be securely destroyed.

7.6.3 Prevent duty 
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 as 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 College immediately if there are any reasons why they should not be working with children.

7.7 Criminal records check 
The College applies for an enhanced disclosure from the UK Disclosure and Barring Service (DBS) and a check of the Children’s Barred List for all prospective staff members, contractors, supply teachers and self-employed workers who engage in ‘regulated activity’, as defined below.  

7.7.1 Regulated activity
The College applies for an enhanced disclosure from the DBS and a check of the Children’s Barred List 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 a candidate is barred from working with children by inclusion on the Children’s Barred List and to obtain other relevant suitability information.

Any position undertaken at, or on behalf of, the College, will amount to ‘regulated activity’ if it is carried out:

frequently, meaning once a week or more;
overnight, meaning between 2.00 am and 6.00 am;
satisfies the ‘period condition’, meaning four times or more in a 30 day period;
provides the opportunity for contact with children.

7.7.2 The DBS disclosure certificate
The DBS issues a DBS disclosure certificate only to the subject of the check rather than to the College. It is a condition of employment with Ashbourne that the original disclosure certificate is shown to the College, typically at induction, prior to official commencement of employment. Original certificates should not be sent by post.

Employment will remain conditional upon the original certificate being shown and it being considered satisfactory by Ashbourne College.

7.7.5 Starting work pending receipt of the DBS disclosure
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 certificate. 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.

If an ‘enhanced disclosure’ is delayed, the Principal may allow the member of staff to commence work:

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;
Without confirming the appointment;
Provided that the DBS application has been made in advance;
With appropriate safeguards taken (for example, 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.

7.7.6 Candidates with periods of overseas residence
DBS checks will still be requested for candidates with recent periods of overseas residence and those with little or no previous UK residence. The College will take into account the “DBS unusual addresses guide” in such circumstances.

For candidates who are living overseas, or who have lived overseas previously, obtaining a DBS certificate may be insufficient to establish their suitability to work at the College. In such cases the candidate will be required to provide additional information about their suitability from the country (or countries) in which they have lived. The College’s policy is to request such information from each overseas country in which the candidate has lived for a period of three months or more in the previous 5 years.

When requesting such information the College pays regard to relevant government guidance and will therefore always require the candidate to apply for a formal check from the country in question, i.e. a criminal records check (or equivalent) or a certificate of good conduct.

The College recognises that formal checks are not available from some countries, that they can be significantly delayed or that a response may not be provided. In such circumstances the College will seek to obtain further information from the country in question, such as a reference from any employment undertaken in that country.

In addition, where a candidate for a teaching position has worked as a teacher outside of the UK, the College will ask the candidate to obtain from the professional regulating authority of the teaching profession in each country in which they have worked as a teacher, evidence which confirms that they have not imposed any sanctions or restrictions on the candidate and that they are not aware of any reason why the candidate may be unsuitable to work as a teacher. The College will also ask shortlisted candidates (and their referees) to disclose whether they have ever been referred to, or are the subject of a sanction issued by, the regulator of the teaching profession in the countries in which they have carried out teaching work.

Sanctions and restrictions issued by the regulating authority of another country will not prevent a person from working as a teacher at the College. However, the College will take all relevant information into account in determining whether a candidate is suitable to work at the College.

The College may allow a candidate to commence work pending receipt of a formal check from a particular country if it has received a reference and/or letter of professional standing from that country and considers the candidate suitable to start work. Decisions on suitability will be based on all of the information that has been obtained during the recruitment process. Unless expressly waived by the College, continued employment will remain conditional upon the College being provided with the outcome of the formal check and it being considered satisfactory.

If no information is available from a particular country the College may allow a candidate to commence work if they are considered suitable based on all of the information that has been obtained during the recruitment process.

The College will take proportionate risk based decisions on a person’s suitability in these circumstances. All suitability assessments must be documented and retained on file.

If the formal check is delayed and the College is not satisfied about the candidate’s suitability in the absence of that information, the candidate’s proposed start date may be delayed until the formal check is received.

7.7.7 Staff joining from another school in England
Staff joining the College from another school in England where they have been engaged in regulated activity bringing them into regular contact with children or young people may start employment without another enhanced DBS check provided the gap in employment is three months or less. However they must bring a copy of their existing DBS and will be subject to all other pre-employment checks including a barred list check.

7.8 Prohibition from teaching check
The College is required to check whether staff who carry out “teaching work” are prohibited from doing so. The College uses the Teaching Regulation Agency Teacher Services system to check whether successful candidates are the subject of a prohibition.

In addition the College asks all shortlisted candidates to declare whether they have ever been referred to, or are the subject of a sanction, restriction or prohibition issued by, the Teaching Regulation Agency or other equivalent body in the UK.

Where a candidate is not currently prohibited from teaching but has been the subject of a referral to, or hearing before, the Teaching Regulation Agency (or other equivalent body), whether or not that resulted in the imposition of a sanction, or where a sanction has lapsed or been lifted, the College will consider whether the facts of the case render the candidate unsuitable to work at the College.

The College applies the definition of “teaching work” set out in the Teachers’ Disciplinary (England) Regulations 2012, which states that the following activities amount to “teaching work”:

planning and preparing lessons and courses for pupils
delivering lessons to pupils
assessing the development, progress and attainment of pupils; and
reporting on the development, progress and attainment of pupils.

The above activities do not amount to “teaching work” if they are supervised by a qualified teacher or other person nominated by the Head. If in any doubt or if the candidate has taught previously, or may teach in future, the check will be undertaken, including for sports coaches.

7.9 Prohibition from management check
The College is required to check whether any candidate for a management position is subject to a direction under section 128 of the Education and Skills Act 2008 which prohibits, disqualifies or restricts them from being involved in the management of an independent College (a section 128 direction).

The College will carry out checks for section 128 directions when appointing candidates into management positions from both outside the College and by internal promotion.

This check applies to appointments to the following positions made on or after 12 August 2015:

Principal
teaching posts on the senior leadership team
teaching posts which carry a departmental head role; and
support staff posts on the senior leadership team.

The College will assess on a case by case basis whether the check should be carried out when appointments are made to teaching and support roles which carry additional responsibilities.

All individuals who are appointed to the management team will be subject to a section 128 direction check.

The relevant information is contained in the enhanced DBS disclosure certificate (which the College obtains for all posts at the College that amount to regulated activity). It can also be obtained through the Teaching Regulation Agency Teacher Services system. The College will use either, or both, methods to obtain this information.

In addition the College asks all shortlisted candidates to declare whether they have ever been the subject of a referral to the Department for Education, or are subject to a section 128 direction or any other sanction which prohibits, disqualifies or restricts them from being involved in the management of an independent College.

Where a candidate is not currently prohibited from management but has been the subject of a referral to, or hearing before, the Department for Education or other appropriate body, whether or not that resulted in the imposition of a section 128 direction or other sanction, or where a section 128 direction or other sanction has lapsed or been lifted, the College will consider whether the facts of the case render the candidate unsuitable to work at the College.

7.10 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 the College’s practice that all candidates to whom an offer of employment is made must complete a Health Questionnaire. The College 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.

If the College’s medical advisor has any doubts about a candidate’s fitness the College will consider reasonable adjustments in consultation with the candidate. The College may also seek a further medical opinion from a specialist or request that the candidate 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. 

The College is aware of its duties under the Equality Act 2010. No job offer will be withdrawn without first consulting with the candidate, obtaining medical evidence, considering reasonable adjustments and suitable alternative employment.

7.11 Seasonal staff 
The College employs some staff only during certain periods during the year; for example after the release of exam results or during our Easter Revision course. The usual employment checks are obtained when such staff first join. The College maintains continual contact with the employee to ensure there is no longer than three months gap in their employment and therefore does not need to repeat the medical fitness and other employment checks required for continued DBS compliance.

7.12 Contractors and supply agency staff 
The College will independently verify the identity of individuals supplied by contractors and/or an agency in accordance with the pre-appointment checks above and requires the provision of the DBS disclosure certificate and the official ID documentation before those individuals can commence work at the College. The College requires written confirmation from the contractor that it has completed these checks on all of those individuals whom it intends will work at the College before any such individual can commence work at the College.

7.13 Volunteers
Ashbourne does not engage volunteers; however, in the event that it did such volunteers would be fully registered and adhere to all pre-employment checks stated in this policy, including an enhanced Disclosure and Barring Service (DBS) check with children’s barred list information.

 7.14 Visiting speakers and the Prevent Duty
 The Prevent Duty Guidance requires the College to have clear protocols for ensuring that any visiting speakers, whether invited by staff or by students, are suitable and appropriately supervised.

The College is not permitted to obtain a DBS disclosure or Children’s Barred List information on any visiting speaker who does not engage in regulated activity at the College or perform any other regular duties for or on behalf of the College.

All visiting speakers will be subject to the College’s usual visitors’ protocol. This will include signing in and out at Reception, the wearing of an appropriate lanyard at all times and being supervised by a fully vetted member of staff for the duration of their visit.

The College will also obtain such formal or informal background information about a visiting speaker as is reasonable in the circumstances to decide whether to invite and/or permit a speaker to attend the College. In doing so the College will always have regard to the Prevent Duty Guidance and the definition of extremism as set out in KCSIE which states:

Extremism is the vocal or active opposition to our fundamental values, including democracy, the rule of law, individual liberty and the mutual respect and tolerance of different faiths and beliefs. This also includes calling for the death of members of the armed forces.

In fulfilling its Prevent Duty obligations the College does not discriminate on the grounds of race, colour, nationality, ethnic or national origin, religion or religious belief, sex or sexual orientation, marital or civil partner status, gender reassignment, disability or age.

7.15 Visitors
 The College is not permitted to obtain a DBS disclosure or Children’s Barred List information for visitors. All visitors will be subject to the College’s usual visitors protocol. This will include signing in and out at Reception, the wearing of an appropriate lanyard at all times and being escorted by a fully vetted member of staff during their visit.

8. Policy on recruitment of ex-offenders 
8.1 Background 
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 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, as set out 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;
it has serious concerns about an applicant’s suitability to work with children.

8.2 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;
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;
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.

8.3 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 Head of Administration 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.

9. Retention and security of disclosure information 
The College’s policy is to observe the guidance issued or supported by the DBS on the use of disclosure informationIn particular, Ashbourne College will:

store disclosure information and other confidential documents issued by the DBS, access to which will be restricted to members of Ashbourne’s senior leadership team (SLT);
not retain disclosure information or any associated correspondence for longer than is necessary, and for a maximum of six months. The College 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;
prohibit the photocopying or scanning of any disclosure information.

9.1 Retention of information 
The College is legally required to carry out all pre-employment checks found earlier in this document. All information relating to recruitment is either stored electronically with access restricted to a few members of the SLT using a robust, secure system of passwords and firewall to prevent unwanted access to records or in secure, lockable filing cabinets with highly restricted access. The College will retain these records for successful applicants but will destroy those of unsuccessful applicants.

 9.2 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.

10. Whistleblowing and exit interviews
 All staff are trained in whistleblowing to encourage the prompt reporting of any behaviour by another member of staff giving rise to safeguarding concerns.

10.1 Reporting to DBS and Teaching Regulations Agency (TRA)
 If an employee is dismissed because of violations of safeguarding guidance and legislation the College has a duty to report this to the DBS and TRA. Similarly if an employee leaves because of allegations regarding safeguarding violations or, having retired, it comes to light that there are safeguarding concerns relating to the employee, the College must report such to these agencies.

11. Referrals to the DBS and Teaching Regulation Agency
This policy is primarily concerned with the promotion and practice of safer recruitment. However, candidates should also be aware that the College has legal responsibilities to fulfil when employment comes to an end. In particular, the College has a legal duty to make a referral to the DBS where:

an individual has applied for a position at the College despite being barred from working with children; and/or
an individual has been removed by the College 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 child.

The DBS will consider whether to impose sanctions on that individual which may restrict or prevent them from working with children in future.

In addition, if a teacher is dismissed because they are found to have committed serious misconduct, or they have breached the Teachers’ Standards, or they resign prior to dismissal on such grounds, the College will make a referral to the Teaching Regulation Agency.

The Teaching Regulation Agency will consider whether to impose a prohibition from teaching order.

Authorised by	The Principal
Date	September 2025
Effective date of the policy	September 2025
Circulation	Teaching staff / all staff / parents / students on request
Review date	September 2026

Appendix A: List of valid identity documents

Group 1: primary identity documents

current valid passport
biometric residence permit (UK)
current driving licence photocard – full or provisional (UK / Isle of Man and Channel Islands)
birth certificate – issued within 12 months of birth (UK, Isle of Man and Channel Islands – including those issued by UK authorities overseas, such as Embassies, High Commissions and HM Forces)
adoption certificate (UK and Channel Islands)

Group 2a: trusted government documents

current driving licence: photocard – full or provisional (all countries outside the UK excluding Isle of Man and Channel Islands)
current driving licence paper version if issued before 1998 – full or provisional (UK / Isle of Man and Channel Islands)
birth certificate – issued after time of birth (UK, Isle of Man and Channel Islands)
marriage / civil partnership certificate (UK and Channel Islands)
immigration document, visa or work permit (issued by a country outside the UK. Valid only for roles whereby the candidate is living and working outside of the UK. Visa / permit must relate to the non UK country in which the role is based)
HM Forces ID card (UK)
fire arms licence (UK, Channel Islands and Isle of Man)
All driving licences must be valid.

Group 2b: Financial and social history documents

mortgage statement (UK)**
bank / building society statement (UK and Channel Islands)*
bank / building society statement (countries outside the UK)*
bank / building society account opening confirmation letter (UK)*
credit card statement (UK)*
financial statement – e.g. pension or endowment (UK)**
P45 / P60 statement (UK and Channel Islands)**
council tax statement (UK and Channel Islands)**
letter of sponsorship from future employment provider (non UK only; valid only for candidates residing outside the UK at the time of application; must be valid at time of application)
utility bill (UK; not mobile telephone bill)*
benefit statement – e.g. child benefit, pension (UK)*
a document from central or local government/ government agency / local council giving an entitlement – e.g. from the Department for Work and Pensions, the Employment Service , HM Revenue & Customs (UK and Channel Islands)*
EEA national ID card (must be valid at time of application)
Irish passport card (cannot be used with an Irish passport; must be valid at time of application)
cards carrying the PASS accreditation logo (UK, Isle of Man and Channel Islands; must be valid at time of the application)
letter from Head or 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; must be valid at time of application).

Note
If a document in the list of valid identity documents is:

denoted with * – it should be less than three months old
denoted with ** – it should be less than 12 months old

Appendix B: Safer recruitment staff

Role	Staff member
Principal	Mike Kirby mike.kirby@ashbournecollege.co.uk
Director of Studies	Lee Kirby lee.kirby@ashbournecollege.co.uk
Head of Administration	Hien Nguyen hien@ashbournecollege.co.uk