Recruitment and Vetting Process

The governors of The Khalsa Academy Wolverhampton are committed to providing the best possible care and education to its pupils and to safeguarding and promoting the welfare of children and young people. The school is also committed to providing a supportive and flexible working environment to all its members of staff. The Head and Governors recognise that, in order to achieve these aims, it is of fundamental importance to attract, recruit and retain staff of the highest calibre who share this commitment.

• 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 equitably 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 recommendations and guidance including the statutory guidance published by the Department for Education (DFE) (formally the Department for Children, Schools and Families (DCSF)), Safeguarding Children and Safer Recruitment in Education (the Guidance) and the code of practice published by the Disclosure and Barring Service (DBS, formerly CRB); and
• To ensure the School meets its commitment to safeguarding and promoting the welfare of children and young people by carrying out all necessary pre-employment checks.

Employees involved in the recruitment and selection of staff are responsible for familiarising themselves with and complying with the provisions of this policy. Governors and senior members of staff responsible for the recruitment and selection of staff must undertake and renew training in Safer Recruitment in line with current requirements.

Authorisation to recruit must be obtained from the Chair of governors and a relevant job profile and person specification must be approved by the Head teacher and Chair of Governors before an appointment can be made. The job description and person specification will form part of the application pack provided to all applicants for the post.

A wide variety of sources should be considered to advertise a post. Where considered appropriate, advertisements should be placed on the intranet/internet.

Employees involved in the recruitment and selection of staff should be aware that  appointment of non-EU applicants cannot be made unless the resident labour market test (where appropriate) has been completed and the post has been advertised as set out in the UKBA Guidance for Sponsors.

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 applications forms has not passed. Curriculum vitae will not be accepted in place of the completed application form but should be provided as supporting documentation.

Senior staff and representatives of the governing body will short list candidates with reference to the agreed essential criteria in the person specification. Desirable criteria will be used to further short list if necessary.

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.

For teaching posts the School may require the applicant to undertake an assessment. The applicant may be asked to teach a lesson or lessons which will be observed, or partake in other selection exercises. If this is the case, the applicant will be informed in advance.

If it is decided 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 the School’s standard terms and conditions of employment;
• The receipt of two references (one of which must be from the applicant’s current or most recent employer) which the School considers to be satisfactory;
• The receipt of an enhanced disclosure from the DBS which the School considers to be satisfactory and permission to check for updated information through the DBS;
• Verification of the applicant’s medical fitness for the role.
• Confirmation that the applicant is not named on the Children’s Barred List or the Adults Barred List administered by the DBS.

The governing body must obtain an enhanced criminal records check for:

• All staff who are employed to work at the school
• Any volunteers that the school has recruited to work unsupervised regularly with children
• People brought in to the school to provide regular additional teaching or instruction for pupils but who are not staff members; for example a specialist sports coach or music teacher
• All governors

The school will ensure that the agency provides written notification that all checks required by the DfE regulations have been conducted, for any supply or agency staff.

In accordance with the DfE requirements the school carries out a number of pre-employment checks in respect of all prospective employees:

Verification of identity and address

All applicants who are invited to interview will be required to bring the following evidence of identity, right to work in the UK, address and qualifications:

• Passport;
• Two utility bills or bank statements (less than 3 months old) showing their name and home address;
• Documentation confirming their National Insurance Number (P45, P60 or National Insurance Card); and
• Original documents confirming any educational and professional qualifications referred to in their application form.
• Original documentation must be seen; photocopies are not acceptable. Where an applicant claims to have changed his/her name by deed poll or any other mechanism (eg marriage, adoption, statutory declaration) he/she will be required to provide documentary evidence of the change.

The school 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 the school may verify the identity of, and check for any unexplained discrepancies in the employment and education history of all applicants. The school does not discriminate against applicants on the grounds of age.

It is the duty of the senior administrator to check the above and make copies of relevant documents which must be signed as seen and dated.

References

All offers of employment will be subject to the receipt of a minimum of two references which are considered satisfactory by the head teacher or chair of governors. 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 referee 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 details about the post applied for. 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); 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.

(* only to be included in reference requests sent out after the offer of employment has been made.)

Only references obtained directly from the referee will be accepted and references or testimonials provided by the applicant or open references or testimonials will not be acceptable.

The school 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.

It is the duty of the senior administrator to obtain and check references.

Disclosure and Barring Service (DBS) Check

Due to the nature of the work, the school applies for an enhanced disclosure from the Disclosure and Barring Service (DBS, formerly CRB) in respect of all prospective staff members, governors and volunteers (who undertake regulated activities). If the applicant has a disclosure through the update service the school will seek permission and then use the DBS service to check for updated information. An offer of employment will be subject to this permission being given and the updated information being satisfactory.

An enhanced disclosure will contain details of all convictions on record (including those which are defined as “spent” under the Rehabilitation of Offenders Act 1974) together with details of any cautions, reprimands or warnings held on the Police National Computer. An enhanced disclosure will also reveal whether an applicant is barred from working with children or vulnerable adults by virtue of his/her inclusion on the lists of those considered unsuitable to work with children or vulnerable adults maintained by the ISA/DBS. An enhanced disclosure may also contain non-conviction information from local police records which a chief police officer thinks may be relevant in connection with the matter in question.

If there is a delay in receiving a DBS certificate the Head has discretion to allow an individual to begin work pending receipt of this providing appropriate supervision is put in place. This will only be allowed if all other checks, including a check of the Children’s Barred List have been completed. In the case of EYFS the person must be supervised at all times – ‘loose supervision’ is not acceptable.

DBS checks will 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 the equivalent of a DBS disclosure, from the relevant jurisdiction(s).

The DBS checking procedure is conducted by the senior administrator who should also complete the Single Central Register. It is the duty of the Chair of Governors to ensure that these checks are carried out and the prescribed procedures are followed.

The school will not unfairly discriminate against any applicant for employment on the basis of conviction or other details revealed. The school makes appointment decisions on the basis of merit and suitability. If an applicant has a criminal record, this will not automatically bar him/her from employment within the school. Instead, each case will be decided on its merits in accordance with the objective assessment criteria set out in paragraph 5.2 below.

In view of the fact that all positions within the school will amount to “regulated positions” within the meaning of the Protection of Children Act 1999 (as amended by the Criminal and Justice and Courts Services Act 2000), all applicants for employment must declare all previous convictions (including those which would normally be considered “spent” under the Rehabilitation of Offenders Act 1974). A failure to disclose a previous conviction may lead to an application being rejected or, if the failure 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 the school to employ anyone who is included on the lists maintained by the DBS of individuals who are considered unsuitable to work with children or vulnerable adults. In addition, it will also be unlawful for the school to employ anyone who is the subject of a disqualifying order made on being convicted or charged with the following offences against children: murder, manslaughter, rape, other serious sexual offences, grievous bodily harm or other serious acts of violence.

It is a criminal offence for any person who is disqualified from working with children to attempt to apply for a position within the school. If:

• The school receives an application from a disqualified person;
• Is provided with false information in, or in support of an applicant’s application; or
• The school has serious concerns about an applicant’s suitability to work with children, it will report the matter to the Police, CRB and/or the DBS.

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, the school 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 the school’s normal policy to consider it a high risk to employ anyone who has been convicted at any time of 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 the school’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 the school’s normal policy to consider it a high risk to employ anyone who has been convicted of drink driving within the last ten years.

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, the school will carry out a risk assessment by reference to the criteria set out above. The assessment form must be signed by the Chair of Governor and Head teacher before deciding whether or not to confirm the appointment.

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 an applicant has a job offer withdrawn because of the disputed information, the school will, where practicable, defer a final decision about the appointment until the applicant has had a reasonable opportunity to challenge the disclosure information.

The school will keep an electronic record of the date of a disclosure, the name of the subject, the type of disclosure, the position in question and the unique number issued by the DBS.

The school complies with the provisions of the DBS code of practice, a copy of which is available on the DBS website.

Retention of Records

If an applicant is appointed, the school will retain any relevant information provided on their application form (together with any attachments) on their personnel file. If the applicant is unsuccessful, all documentation relating to the application will normally be confidentially destroyed after six months.

It is the role of the senior administrator to ensure that all documentation is handled and stored in an appropriate manner, maintaining confidentiality at all times as appropriate.

The school will maintain a central register of all staff appointments in compliance with the Education (Independent School Standards) (England) Regulations 2010 Part 4 section 22. This will comprise information on every adult employed or coming in to contact with children on a voluntary basis as follows:

1. Name
2. Address
3. Enhanced criminal records check viewed; number only to be kept on record
4. Address
5. Details of qualifications – including date verification was made by the SCR administrator
6. Record of references received
7. Permission to work in the UK if not British

1&2 From a statutory photographed document, such as a passport
3 A record of the number only, the document must be retained by the individual
4 From an original official document such as a utility bill
5 original documents recorded and copies retained in the staff file
6 work permits, visas and or any other foreign nationals’ documents as necessary

Dates of Safer Recruitment and Child Protection Training may also be recorded.
Linked policies:

• Child Welfare and Safeguarding;
• Equal Opportunities

Legislation

Safeguarding Vulnerable Groups Act 2006
Protection of Freedoms Act 2012

Guidance

Safeguarding Children and Safer Recruitment in Education 2006
Working Together to Safeguard Children 2013

It is the duty of the Head and Chairman of Governors to ensure this policy is adopted,
monitored and reviewed regularly.