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Pre-Employment Changes for September

As of 1 September 2021, there are changes to the requirements for Safer Recruitment, as detailed within Part Three of Keeping Children Safe in Education. Below is a summary of the key points.

Recruitment and Selection - para.188-210, KCSiE

The statutory guidance provides more information on the recruitment and selection process, from job adverts through to selection, which should be reviewed.

It is important to note, that only shortlisted candidates can be asked to complete a self-declaration of their criminal record, or to provide information that would make them unsuitable to work with children. Therefore this information should not be requested within the application form, or form part of the decision to short list candidates.

In addition, where this information is completed with an electronic signature, the shortlisted candidate should physically sign a hard copy of their self-declaration form at the point of interview.

Self Disclosure Form - Regulated Activity 0921
Download DOCX • 21KB
Self Disclosure Form - Non-Regulated Activity 0921
Download DOCX • 21KB

Pre-employment checking - (para.211-298, KCSIE)

Identity checks, It is best practice when verifying identity, to check the name on the individual's birth certificate, where this is available.

DBS checks, where the decision is made to allow an individual to commence employment in regulated activity, prior to receipt of the Enhanced DBS Certificate, then the school should ensure that the individual is appropriately supervised, and that all other pre-employment checks have been carried out, which includes a separate children's barred list check.

A separate barred list check can also be carried out in circumstances where an individual has worked in a school or college, that has brought them into regular contact with children or young persons, which ended not more then three months prior to their new appointment, and where all other pre-employment checks have been carried out.

For further information regarding DBS checks, review the ID checking guidelines for standard/Enhanced DBS check.

S128 checks are applicable to roles that might be regarded as 'management', although there is no exhaustive list of relevant roles, as the individual job title is not the determining factor. It is important to be aware of this, as schools will need to consider whether other individuals, such as teachers with additional responsibilities are 'taking part in management' and therefore would require a S128 check.

Overseas checks for individuals who have lived or worked outside of the UK, must undergo the same pre-employment checks, which includes an Enhanced DBS Certificate with barred list, if engaged in regulated activity, even if the individual has never been to the UK. Schools must undertake any further checks that they think are appropriate, so that any relevant events that have occurred outside of the UK can be considered, these checks include:

  • overseas criminal record checks

  • letter of professional standing from the professional regulating authority in the country, confirming that the individual has not imposed any sanctions, restrictions, or that the authority is aware of any reasons why the individual may not be suitable to teach.

Right to Work checks have changed in relation to EU, EEA and Swiss citizens and this check can be completed manually or through an online check . The online check is required for individuals who only hold digital proof of their immigration status. For more information on completing this check, review the Home Office, employer right to work checks supporting guidance.

These are the key points that have been updated in relation to Safer Recruitment, but should you require further support or guidance with pre-employment checks, then please contact us by phone, email, or through the website.

Our next Pre-Employment Checking Workshop is detailed below, which will provide you with a full understanding of all the checks required, how to complete them and what/how information must be retained. Please click on 'Register Now' to book a place for yourself and your colleagues and we look forward to seeing you there.

Pre-Employment Checking Workshop

14 October 2021, 09:30 - 12:30 | Zoom

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