1

Safer Recruitment Policy

Policy Area Safeguarding

Statutory / Non-Statutory Guidance Documents

DfE Statutory Guidance – Keeping children safe in education in schools and colleges - September 2016

Regulated activity in relation to children: scope Factual note by HM Government

DfE NCSL Advice - Teacher misconduct: The prohibition of teachers Advice on factors relating to decisions leading to the prohibition of teachers from the teaching

profession – October 2015

Author Executive Headteacher / Chief Executive Officer

Version 1.1

Last Updated 14/09/16

Adopted by the Trust Board December 2016

Next Review December 2017

folio

E D U C A T I O N T R U S T

2

Useful inks: DfE Statutory Guidance – Keeping children safe in education in schools and colleges - September 2016 https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/550197/Regulated_activity_in_relation_to_children.pdf

Regulated activity in relation to children: scope Factual note by HM Government https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/550511/Keeping_children_safe_in_education.pdf DfE NCSL Advice - Teacher misconduct: The prohibition of teachers Advice on factors relating to decisions leading to the prohibition of teachers from the teaching profession – October 2015 https://www.gov.uk/government/publications/teacher-misconduct-the-prohibition-of-teachers--3

1. Introduction 1.1 For the purpose of this Trust Policy, the “Trust” is defined as Employees, Advisors, Trustees, Students and Third parties such as Contractors, Agency Workers and Consultants acting on behalf of Folio Education Trust and the Academies within it. 1.2 This document sets out the policy and procedures to be adopted in order to ensure that the recruitment process for all Academies within Folio Education Trust is as safe as possible. 1.3 The procedures and standards as laid down in this Policy must be used by all those involved in the recruitment process within the Trust and every Academy which forms part of the Trust. 1.4 The Policy and associated procedures are in line with “Keeping Children Safe in Education” – September 2016. All staff working within the Trust are asked to sign that they have read carefully this document. In addition to this statutory document each Academy has a “Staff Code of Conduct” which all staff have a copy. Both the Academy “Staff Code of Conduct” and “Keeping Children Safe” are used in staff induction. 2. Policy Statement 2.1 The safe recruitment of staff in schools is the first step to safeguarding and promoting the welfare of the children in education.

Folio Education Trust is committed to safeguarding and promoting the welfare of children and young people and

expects all staff and volunteers to share this commitment. 2.2 It is recognised that this can only be achieved through sound procedures, good inter-agency co-operation and the recruitment and retention of competent, motivated employees who are suited to, and fulfilled in the roles they undertake. 2.3 The Trust recognises the value of, and seeks to achieve a diverse workforce, which includes people from different backgrounds with different skills and abilities. 2.4 The Trust is committed to ensuring that the recruitment and selection of all who work within the Trust is conducted in a manner that is systematic, efficient, effective and promotes equality of

3

opportunity. The Trust will uphold its obligations under law and national collective agreements to not discriminate against applicants for employment on the grounds of age, sex, sexual orientation, marital status, disability, race, colour, nationality, ethnic origin, religion or creed. 2.5 All posts within the Trust are exempt from the Rehabilitation of Offenders Act 1974 and therefore all applicants will be required to declare spent and unspent convictions, cautions and bind-overs, including those regarded as spent and have an Enhanced Disclosure Barring Service (DBS). 2.6 Folio Education Trust is committed to using disciplinary procedures that deal effectively with those adults who fail to comply with the Trust’s safeguarding and child protection procedures and practices. 2.7 Each Academy within the Trust has a duty to refer to the Disclosure and Barring Service (DBS), any employee, following disciplinary proceedings, who is dismissed because of misconduct towards a student and may refer any concerns before the completion of this process. Cases of abuse must be reported to the Local Authority Designated Officer / Lead (LADO) and the police. 2.8 For further advice see the following document: DfE NCSL Advice - Teacher misconduct: The prohibition of teachers Advice on factors relating to decisions leading to the prohibition of teachers from the teaching profession – October 2015 https://www.gov.uk/government/publications/teacher-misconduct-the-prohibition-of-teachers--3 This advice relates to the arrangements for the regulation of teachers’ professional conduct from 1 April 2012. These arrangements are operated by the National College for Teaching & Leadership (“the NCTL”), on behalf of the Secretary of State for Education. This advice sets out the factors to be considered by a professional conduct hearing panel convened for the purpose of the regulation of teacher conduct. Its primary purpose is to inform panel considerations leading to a decision as to whether to recommend the imposition of a prohibition order on a teacher following a finding of “unacceptable professional conduct”, “conduct that may bring the profession into disrepute” or a “conviction, at any time, of a relevant offence”. In using this advice, professional conduct hearing panel members are obliged to exercise their own judgement in making decisions, as they are acting in a judicial capacity, within the framework set out below by the Department for Education. The advice in this document complements other Departmental advice relating to the regulation of the teaching profession. It gives information to teachers and witnesses who are subject to or involved in these disciplinary processes. Advice about how to refer allegations of misconduct to the NCTL for consideration can be obtained from the teacher misconduct section of the GOV.UK website. 2.9 Where the misconduct also involves matters of safeguarding, it may be necessary to make a separate referral to the Disclosure and Barring Service. Guidance on the duty to refer cases to the Disclosure and Barring Service can be obtained from GOV.UK. 2.10 The Trust will: Ensure that appropriate employees who undertake recruitment have received successfully

completed safer recruitment training. Ensure that every appointment panel includes one member who has successfully completed safer

recruitment training.

4

Implement robust recruitment procedures and checks for appointing employees and volunteers to ensure that reasonable steps are taken not to appoint a person who is unsuitable to work with children, or who is disqualified from working with children, or does not have the suitable skills and experience for the intended role.

Ensure that each Academy keeps and maintains s Single Central Record (SCR) of recruitment and vetting checks in line with the Department for Education requirements.

Ensure that the terms of any contract with a contractor or agency requires them to adopt and implement measures described in this procedure. The Trust will monitor the compliance with these measures.

Require employees who are convicted or cautioned for any offence during their employment with the Trust to notify the Head of School or Headteacher in writing of the offence and the penalty. The head of School or Headteacher will in-turn notify the Executive Headteacher or Chief Executive Officer. If it is the Head of School, Headteacher, Executive Headteacher or Chief Executive Officer who is convicted or cautioned for any offence during their employment with the Trust the he/she should notify the Chair of their Advisory Board or Chair of Trust Board in writing of the offence and the penalty. Failure to do so may result in disciplinary action.

2.11 Pre-employment Checks The Trust will undertake the following pre-employment checks prior to appointment as advised by the Department for Education: Receipt of at least two satisfactory references, one of which will be from the current or most recent

employer Check for gaps in employment history and verify reasons for any such gaps Verification of the candidate’s identity, including Date of Birth Proof of right to work in the UK A satisfactory enhanced DBS clearance (Original certificate must be seen by the Trust’s HR

representative) Verification of the candidate’s medical fitness Verification of qualifications Verification of Qualified Teacher Status (QTS) if appropriate Teachers will be checked against the Prohibited Teacher List Verification of successful completion of any induction period (for those who obtained QTS after 7th

May 1999), if applicable Overseas criminal record check and certificates of good conduct (if applicable)

3. Roles and Responsibilities 3.1 Folio Education Trust Board (TB) It is the responsibility of the TB to approve and oversee the policies and procedures set at this level are effectively communicated to all Academies within the Trust. The TB will quality control and monitor the use of these policies and procedures through Local Advisory Boards within each Academy. The TB must also ensure all Trust employees that form the central team are recruited following safer recruitment policies and procedures. 3.2 Local Advisory Boards (LABs) It is the responsibility of the LAB to support and challenge and: Ensure the Academy has effective policies and procedures in place for the recruitment of all employees

and volunteers in accordance with Department for Education guidance and legal requirements. Monitor the Academy’s compliance with them

5

Ensure that appropriate employees and advisors have completed safer recruitment training. 3.3 Academy Senior Staff and other Managers It is the responsibility of Academy Senior Staff and other Managers involved in recruitment to: Ensure that the Academy operates safe recruitment procedures and makes sure all appropriate checks

are carried out on all staff and volunteers who work at the Academy. To monitor contractors and agency staff compliance with this document. Promote the welfare of children and young people at every stage of the recruitment procedure. 3.4 All other Employees and Volunteers It is the responsibility of all potential and existing employees, including volunteers to: Comply with this document 3.5 Contractors and Agency Staff It is the responsibility of all contractors and agencies to comply with safe recruitment pre-employment checks. 4. Staff Appointments 4.1 The Trust Board has delegated responsibility to the Headteacher or Head of School of each Academy to

lead in all appointments up to, but not including, the post of Assistant Headteacher.

The appointment of members of the Senior Leadership Team i.e. Deputy Headteacher and Assistant Headteacher within each Academy will be the responsibility of the Executive Headteacher working closely with the Headteacher or Head of School and the Local Advisory Board.

The appointment of the Head of School or Headteacher will be the responsibility of the Executive Headteacher on behalf of the Trust Board and the Local Advisory Board.

For all senior posts within an Academy there must be either a Trustee or an Advisor from that Academy’s Local Advisory Board.

4.2 Inviting Applications At the start of the recruitment process it is important to define what the post holder’s responsibilities for

children / young people will be over and above the qualifications and experience needed to perform the job. All employees are expected to share responsibility for the Trust’s commitment to safeguarding and promoting the welfare of children and young people.

Due to the nature of work in a school and resultant contact with children all posts will require an enhanced DBS disclosure. Any non-disclosure will result in the withdrawing of any job offer. Any non-disclosure following DBS may result in disciplinary and/or dismissal.

All job descriptions will detail: main duties and responsibilities of the post; the post holder’s specific responsibility towards the promotion and practice of safeguarding the

welfare of children that they come into contact with through their job. All person specifications must detail:

6

qualifications required to do the job; professional registrations (if required); enhanced DBS disclosure if required; and: define the skills and competencies required; explore issues relating to the safeguarding of children, such as:

All of the points on the person specification should be evidenced either in a candidate's application or through the interview and selection process.

4.3 The Advert

Advertisements for all vacancies will demonstrate the Trust's commitment to safer recruitment and vetting procedures, protecting every potential applicant from unfair practice and ultimately safeguarding children / young people. Promoting commitment to safeguarding and child protection can act as a deterrent to would-be abusers. All advertisements will include the following statement:

The School is committed to safeguarding and promoting the welfare of children and young people and expects all staff and volunteers to share this commitment. The recruitment procedures include an enhanced DBS check, and satisfactory employment history references. The contact point for telephone or email enquiries will be clearly outlined and it is advisable that application forms are accessible both on the Academy and the Trust’s website, as well as being sent out to applicants. 4.4 Application Packs The importance of safeguarding and protecting children in each Academy within the Trust should be

promoted as much as possible throughout the recruitment process in order to deter unsuitable candidates. A typical application pack will include:

Application Form

Job Description & Person Specification

Equal Opportunities Monitoring Form

Academy Brochure

A copy of the advertisement

Folio Education Trust will not accept CVs for any post as they only show what the candidate wants you to see and will not provide consistent data between candidates. All candidates must complete a formal Application Form.

Candidates submitting an application form completed online will be asked to sign the form if called for interview.

Through the application form applicants will be made aware that providing false information is an offence and could result in the application being rejected or summary dismissal if the applicant has been selected (or employed, if the false information comes to light some time later), and possible referral to the police and other professional regulatory bodies. 4.5 Interviews

Candidates invited for interview will be asked to bring a form of identification such as a passport, confirmation of current address and original qualification certificates (if applicable). Candidates applying for teaching position will have their Qualified Teacher Status checked using the Employer Access Online

7

service. All interview panels will have a senior member of staff who has successfully completed safer recruitment training. Panels will consist of between 2 and 4 appropriate members of staff. As from 1 January 2010 it became mandatory that any appointments of staff be made by a recruitment panel that should include at least one person who has been trained in safer recruitment. Ofsted will request evidence as part of their inspections that each recruitment panel meets this requirement. The interview process should allow time for any discrepancy in a candidate's application or references to be scrutinised and clarified. With this in mind, all candidates should have their qualifications verified, employment gaps explained, criminal record disclosed, reference issues and their attitude towards children discussed at interview. This means that when a candidate is successful, any issues surrounding their application and references have been fully explored before they are offered the post. Every interview must be carried out on a face-to-face basis. Should any interview be conducted via ‘skype’ then the Trust Board must be informed and a face-to-face interview conducted as soon as possible.

Candidates called for interview will receive:

A letter/email confirming the interview and any other selection techniques

Details of the interview day including details of the panel members

Details of any tasks to be undertaken as part of the interview process.

4.6 Digital Footprints

Within the Trust we are committed to ensuring that safeguarding is a top priority.

In light of this commitment, where appropriate, potential candidates’ social media or other online activity will be checked prior to interview and records made of any offensive or inappropriate material.

This process may include a search for the candidate via such applications as:

Google

Facebook

Twitter

Instagram

LinkedIn

Pintrest

Snap Chat

4.7 References

References for shortlisted candidates will be sent for immediately after shortlisting and ideally received prior to interview. References must be in writing and be specific to the job for which the candidate has applied. Open references or testimonials will not be accepted in any circumstances. One of the referees must be the candidate’s current or previous employer. References must ideal ly be from different organisations. The Trust will not accept references from relatives or people writing solely in the capacity as a friend. Only references from a trusted authoritative source will be acceptable.

Reference requests will specifically ask:

about the referee's relationship with the candidate

8

whether the referee is completely satisfied that the candidate is suitable to work with children and, if not, for specific details of the concerns and the reasons why the referee believes that the person might be unsuitable.

Referees will also be asked to confirm details of: the applicant's current post and salary performance history and conduct any disciplinary procedures in which the sanction is current any disciplinary procedures involving issues related to the safety and welfare of children, including

any in which the sanction has expired and the outcome of those details of any allegations or concerns that have been raised that relate to the safety and welfare of

children or behaviour towards children and the outcome of these concerns reason for leaving employment whether the organisation would re-employ the applicant and if not, why.

The Trust’s Reference Request Forms should be used to ensure the details outlined above are included.

This avoids references that may have been written as part of a compromise agreement and would not state

any adverse qualities or incidents involving the candidate.

References will be compared to the application form to ensure that the information provided is consistent.

When references are received prior to interview the interview panel is required to follow up any

discrepancies or issues at interview and to make a decision with reference to all the facts available at the

time. Obviously this relies entirely on the speed referees return them, this may not always allow for them

to be seen prior to interview, but it should be aimed for as best practice as it complies with the Bichard

Inquiry recommendations. Any discrepancies will be taken up with the applicant at interview.

Any information about past disciplinary action or allegations will be considered in the circumstances of

the individual case. Cases in which an issue was satisfactorily resolved some time ago, or an allegation

was determined to be unfounded or did not require formal disciplinary sanctions, and which no further

issues have been raised, are not likely to cause concern.

More serious or recent concerns or issues are more likely to cause concern.

A history of repeated concerns or allegations over time is also likely to give cause for concern.

Where necessary, previous employers who have not been named as referees may be contacted in

order to clarify any such anomalies or discrepancies. Detailed written records will be kept of such exchanges.

4.8 Employment Gaps

The Trust requires candidates to account for any gaps or discrepancies in employment history on the

application form. Where an applicant is shortlisted, these gaps must be discussed at interview. If there

are gaps in their history, the candidate should declare the reasons for their break from work. Valid reasons

for gaps in employment may be: the candidate did not need to work, travelling, bringing up a family, caring

9

responsibilities, family bereavement or a period of sickness. As there could be more sinister reasons for an

absence, it is important to ensure that the candidate is able to give as much detail as possible, in order for

the panel to make an informed decision, and be in receipt of all relevant information.

It is strongly advisable to discuss patterns of repeated change in career or employers at interview,

ensuring that the reasons for this are fully explored and satisfy the interview panel, particularly if these

have meant regular geographical moves.

4.9 Qualification Verification

At interview essential qualifications required for the post including those set by statute must be verified

as a minimum, other qualifications stated on the application form may also need to be verified.

A photocopy of all the original qualification certificates must be taken and if the candidate is successful

these should be placed on their personal file and recorded on the Single Central Record. If the candidate

is unsuccessful, these should be destroyed.

4.10 Self-Declaration of Convictions by Job Applicants

The Trust's Policy requires shortlisted applicants for all posts (including volunteers) to declare all

Criminal convictions whether "spent" or "unspent" and includes any cautions and pending

prosecution.

Such declarations should be submitted with the Trust’s Application Form either in an email or on a

separate sheet of paper in a sealed envelope, marked "Confidential", with the candidate's name to the

chair of the selection panel, prior to the interview. The chair of the panel will discuss relevant, positive

d e c l a r a t i o n s confidentially with the applicant at interview.

The disclosure of convictions, cautions or pending cases will not necessarily prevent employment but will

be considered in the same way as positive DBS disclosures.

4.11 Pre-employment Checks

In summary, any offer of employment to any post within Folio Education Trust will be subject to the

following checks:

4.12 References

The Trust should request and have returned two references for every potential employee, one of these

references must be from their current or most recent employer. As the post requires working in an

environment with children, it is important to have a reference, if available, from an employer or

voluntary agency demonstrating the candidate's previous work experience, paid or unpaid, of working with

children.

4.13 Verification of Candidate's Identity

It is vital that the Trust knows who a candidate’s employees have been a nd t hat there is evidence to

prove this. The identification check can then go on individual personal files and be logged on an

Academy’s Single Central Record.

4.14 Child Barred List Check

10

This is a list of people barred from working with children, compiled by the Department for Education. This

check is done as part of the DBS application process.

4.15 Enhanced DBS Disclosure

This details any previous convictions held on file for a potential employee. Having a conviction will not

necessarily bar someone from working in a job with children or vulnerable adults. The severity, nature,

circumstances and timing of the conviction will need to be taken into consideration. Candidates will need

to be given the opportunity at the application stage to declare any unspent or spent convictions they

may have, any declaration they make will be compared with the returned criminal record disclosure.

Please note the original DBS Disclosure certificate will need to be seen and verified within the Trust

Academy by the HR Officer upon receipt by the applicant, preferably before employment can commence.

4.16 Medical Clearance

A potential employee must complete an online medical questionnaire provided by t h e T r u s t ’ s

o c c u p a t i o n a l h e a l t h p r o v i d e r . A potential employee is confirmed as medically cleared once

confirmation has been received from Occupational Health declaring them fit for their proposed post. A

Risk Assessment should be undertaken where issues have been raised by Occupational Health.

4.17 Verification of Qualifications

Any essential qualifications legally required to perform a particular job, such as QTS, as stated in the

person specification, need to be evidenced by the potential employee. A copy of original certificates should

be taken and placed on their personal file and logged on the Single Central Record. QTS should also be

verified on the Department for Education Employer Access Online service. This should ideally be confirmed at

the interview stage.

4.18 Verification of Professional Registration

Some posts require a professional registration with a regulatory body. This needs to be evidenced and

placed on the personal file, if the person specification states it as an essential prerequisite.

4.19 Right to Work in the UK

It is a legal obligation that every employee has the right to work in the UK. An employer may face

prosecution if employees working for them are found not to have this right. To defend any prosecution

an employer has a statutory defence if they have checked the employee's entitlement in a reasonable

way (i.e. employers are not expected to police illegal workers, nor to spot forged documentation, they

are, however, expected to have robust checking policies and procedures they apply to every new

employee). A check of documents such as passports and national insurance numbers is essential. A list

of relevant documentation that can be used is available on the Home Office website.

The Department for Education guidance on the employment of overseas-trained teachers will be consulted

should an overseas candidate apply for a teaching position.

4.20 Employment History

When checking an application form it is important to note any gaps in employment or noticeable

11

patterns when the candidate changed their employment. At interview any gaps will need to be discussed and

satisfactory explanations given and recorded.

4.21 Overseas Criminal Record Disclosure

If the potential employee has lived or worked abroad within the past five years for a period of time, or

who have come from another country prior to working in the UK, then a UK DBS Disclosure will not give a

full picture in respect of any criminal record they may have. In these cases an overseas Criminal Record

Disclosure will need to be applied for as well as a UK DBS Disclosure and details for each country's

equivalent bureau are available on the DBS website.

These checks should be made clear to candidates at interview. Any offer of employment should be a

conditional offer subject to satisfactory clearances being received and checked by the Trust.

Only when all of these checks are completed and returned will an offer of employment be confirmed. A

candidate will not be offered a post unconditionally. All offers will be subject to satisfactory completion of

the appropriate checks as listed above. It should be noted that overseas checks can take a considerable

length of time to be returned, risk assessments will be undertaken in this instance.

4.22 Employment Offer

Any offer made will be subject to successful completion of all pre-employment checks. Where this is has not

been possible prior to start date, a risk assessment will be undertaken and the new member of staff will be

supervised.

The contract will be issued as soon as possible but in all circumstances within 8 weeks of employment

commencing.

4.23 Record Retention / Data Protection

The Trust will retain all interview notes on all applicants for a 6 month period, after which time the notes

will be destroyed. The 6 month retention period will allow the Trust to deal with any data access

requests, recruitment complaints, to provide feedback to interviewee, or to respond to any complaints

made to the employment tribunal.

Under the Data Protection Act 1998, applicants have a right to request access to notes written about

them during the recruitment process. Applicants who wish to access their interview notes must make a

subject access request in writing to the Chair of the panel within 6 months of the interview date.

4.24 Personal File Records

The T r u s t will retain the following information, which will make up part of the personal file, for the

successful candidate:

Application form

References

Disclosure of convictions form (where applicable)

Proof of identification

Proof of academic qualifications

Proof of Qualified Teacher Status (QTS)

Prohibition Check

12

Certificate of Good Conduct (where applicable)

Evidence of medical clearance

DBS Disclosure Number and Issue date recorded on file and on the Academy’s Single Central Record following

verification of the original certificate on the relevant online DBS system.

5. Single Central Record (SCR) of recruitment vetting checks

In line with the Department for Education requirements, each Academy within the Trust will keep and

maintain a Single Central Record of recruitment and vetting checks.

The Central Record will record all staff who are employed by the Trust in each separate Academy,

including casual staff, Examinations Invigilators, supply agency staff ( whether employed directly or

through an agency), volunteers, a d v i s o r s / governors, trainee teachers on placement/work

experience, consultants, contractors, lettings, and those who provide additional teaching or

instruction for students but who are not staff members, eg: specialist sports coach, peripatetic music

teachers.

The central record will indicate whether or not the following have been completed:

Identity checks

Confirmation that qualification checks have been undertaken

Right to work in the United Kingdom

Child Barred List checks

DBS Enhanced Disclosure

Overseas checks (where applicable)

Prohibition check (where applicable)

It shall also indicate who undertook the check and the date on which the check was completed or the

relevant certificate obtained.

6. Disclosure & Barring Service Renewals or Re-checks.

DBS Disclosures are only a record or a snapshot of the day they were issued. Since a Disclosure was

issued employees may have new convictions or warnings that they may or may not have made the Trust

aware of.

It is the Trust’s policy to renew DBS checks for all new employees/volunteers etc., even if they hold an

existing DBS certificate and have been in continuous employment for the past three months. The Trust does

not however re-check DBS for existing staff etc, but requires all people engaged in contact with the School

and who have access to the site (i.e., volunteers, supply staff, exam invigilators etc.) to sign a Declaration, to

ensure that they are aware of their requirement to inform the School of any new convictions or warnings that

have not been disclosed.

The Trust will require to see an original DBS certificate before employment can commence.

7. O t h e r c o n t r a c t s a n d v i s i t s w i t h i n t h e T r u s t

7.1 Bank Staff (Cover Supervisors) Bank staff should be recruited and treated in the same way as any other employees in the Trust. Due to the casual and ad-hoc nature of their work, which may mean they do not actively work for a few months at a

13

time, rechecks will be carried out. Casual workers, i.e., Examinations Invigilators, Sports Coaches are invited to attend meetings and Academy events, i.e., Sports Day, in order to maintain the validity of their DBS disclosures. 7.2 Volunteers Volunteers often have the same unsupervised access to children as employees. As with any new employee an identity checks a DBS Disclosure should be carried out prior to the volunteer starting their duties within the Academy. It is also important to request and receive two references on behalf of the volunteer. These checks must be carried out for all volunteers. If a volunteer becomes a paid employee, then their right to work in the UK should be assessed. A new enhanced DBS Disclosure should also be applied for to reflect their change to an employee. If assisting on a one-off Educational Visit (not residential), a volunteer does not require a DBS Disclosure, but should be supervised at all times. 7.3 Consultants Consultants may have unsupervised contact with children, i.e., 1-2-1 counselling sessions. Photo identification will be required and retained for the duration of their association with the Trust or the individual Academy. A DBS Enhanced Disclosure is required if unsupervised contact with a student is required, and all other pre-employment checks verified with the providing organization. 7.4 Contractors Ideally contractors should try and work outside of opening hours, if this is not practicable then the following guidelines should be consulted. Students are not allowed in designated areas where builders are working for Health and Safety reasons, so there should be little opportunity for workers to be unsupervised with children. An enhanced DBS may be required for at least one of the building contractors, this generally being the Site Manager who will have regularly meetings with the Academy’s Premises Manager and/or the Trust’s Director of Finance & Operations which on the Academy premises, which could result in contact with students. This clearance should be stated in any contract struck and/or tendered between the Trust and paid for by the agreed contracted company. The Trust can facilitate the checks but a charge will be levied on the company and work should not commence before the Disclosure has been received. Should other members of the project team be required to temporarily enter Academy premises they should be escorted by the building Site Manager or the Academy’s site staff. Contractors are advised that if a member of their staff without the necessary checks is found outside of their designated area on Academy premises they will be asked to be removed from the project indefinitely. 7.5 Emergency Call-Out Contractors Contractors that are called out in an emergency may not be a contractor that is checked and known to the Academy prior to the call-out. It is not necessary to obtain a DBS Disclosure for such staff, as they will only have contact with children on an ad-hoc or irregular basis and are unlikely to be left unsupervised with children. In these instances these staff will be monitored in the building by getting them to sign in and out at the Front Office and to have them escorted by a DBS cleared employee of the Academy at all times. Any contractor or maintenance worker coming on to the Academy premises should verify their identity, providing documents such as a passport or driver's licence along with company identification. The

14

Academy should be very clear that the named individual is who they say they are. 7.6 Advisors & Trustees (Governors) Whether or not an Advisor or Trustee is checked will be determined by their frequency and level of contact with children in the School. Those Local Advisors of a specific Academy requiring a check will have an enhanced DBS Disclosure. 7.7 Work Related Placements at an Academy within Folio Education Trust Secondary or College Student placed in an Academy These students will be supervised at all times during their placement and will not need an Enhanced DBS Disclosure. The Academy will ensure that the student is suitable for the placement environment. Once again an ID check should be carried out to establish that the student who has arrived for the placement is who they say they are. Teacher Training Students The University/provider should provide evidence in writing to the Academy that they have carried out all the same checks that the Trust would have done if they were their own employees, including DBS Disclosure, identity check etc. All necessary checks will be carried out by the Academy for salaried trainees and a record kept on the Single Central Record. Agency Supply Teachers and Peripatetic Music Teachers The Trust must ensure that any agency used follows the same standard of safe recruitment checks as it does itself. This should be evidenced in writing by the agency. All recruitment checks will be completed prior to their start date in the same way as the Trust's own employees. In the Academy, it is essential to carry out or have evidence of the same standard of checks for all staff and the extended provision even if they are not employed directly by the Trust. It will be the Academy's responsibility to ensure that these checks are being carried out. With this in mind, all outside providers will be requested to provide evidence of the same pre­ employment checks that the Academy would complete if they were directly employing the staff themselves. This should be given in writing and in advance of the provider starting work at the Academy and should be agreed as part of any contract between the Academy and provider. The Trust has the right to view the original copy of the Disclosure from the agency if it contains additional information. Evidence of checks from external providers will be recorded on the Single Central Record. The Academy will check that the person presenting themselves for work is the same person on whom the checks have been made. If evidence is not provided then the School will not allow the peripatetic tutors or agency staff to have unsupervised access to children. The Trust and individual Academies within the Trust will only use supply teaching agencies who demonstrate robust recruitment and selection procedures ensuring that their employees are DBS cleared, have a full face-to­ face interview and all the appropriate pre-employment checks and child protection inductions are carried out. Individual Academy’s will ask for written evidence of this from the supply agencies. As with any external provider coming on to the Academy premises the Academy will verify their identity. The provider should be asked to show documents such as a passport or driver's license. The Academy will be given the names of expected guests or outside providers in advance of their arrival on site. The Academy will be very clear that the named individual is who they say they are.

15

8. Keeping Children Safe in Education All staff, volunteers, etc. are provided with a copy of the Department for Education guidance on Keeping Children Safe in Education (September 2016) and the Academy’s Staff Code of Conduct and asked to sign a n d c o n f i r m that they have read and understood the document and will follow the guidelines required to maintain professional boundaries at all times. Copies are also stored on the Academy intranet.

The School adopts a culture of vigilance where all concerns are listened to and taken seriously.

APPENDIX A

DBS checks (Inc. “regulated activity”)

In accordance with the Keeping Children Safe in Education Guidance, “regulated activity” means:

a) The employee will be responsible for the care or supervision of children on a regular basis.

b) The employee will regularly work in the Academy while children are on the premises (whether or not the person is directly employed by the school, is a contractor or a volunteer)

c) The employee will come into contact with children under 18 years old on a regular basis.

Regulated activity includes:

a) Teaching, training, instructing, caring for (see (c) below) or supervising children if the person is unsupervised, or providing advice or guidance on well-being, or driving a vehicle only for children.

b) Work for a limited range of establishments (known as ‘specified places’, which include schools and

colleges), with the opportunity for contact with children, but not including work done by supervised volunteers.

c) Work under (a) or (b) is regulated activity only if done regularly. Some activities are always regulated

activities, regardless of their frequency or whether they are supervised or not. This includes:

Relevant personal care, or health care provided by or provided under the supervision of a health care professional:

Personal care includes helping a child, for reasons of age, illness or disability, with eating or drinking, or in connection with toileting, washing, bathing and dressing.

Health care means care for children provided by, or under the direction or supervision of, a regulated health care professional.

The level of DBS check, including whether a prohibition check is required, will depend on the applicant’s

role. For most appointments, i.e. those in ‘regulated activity’, an enhanced DBS check with barred list

information is sufficient.

16

NOTE: There is no requirement to obtain an enhanced DBS check if, in the three months prior to beginning work in their new appointment, the applicant has worked:

In a school in England in a post which brought them into regular contact with

children or in any post in a school since 12 May 2006; or

In a college in England in a position which involved the provision of education and

regularly caring for, training, supervising or being in sole charge of children or

young people under the age of 18.

But a school or college may request an enhanced DBS check with barred list information should there be concerns and bearing in mind the duty schools and colleges are under not to allow a barred person to work in regulated activity. NOTE: A school or college may not request an enhanced DBS check with barred list check for anyone working in the school or college who is not in regulated activity, but may request an enhanced DBS check without a barred list check.

Volunteers

Where a volunteer is recruited to engage in work which is not considered ‘regulated activity’, an enhanced

DBS certificate will be obtained.

Volunteers recruited to take part in regulated activity must obtain an enhanced DBS certificate with a

barred list check.

Under no circumstances will a volunteer who has not provided a DBS certificate be left unsupervised or

allowed to work in regulated activity.

Individuals who have lived outside the UK

No exceptions will be made for candidates who have lived outside of the UK; all mandatory checks outlined

in this policy will be carried out, along with additional checks where necessary.

Note: Where a volunteer is to be placed under supervision, they are not considered to be taking part in regulated activity and therefore it is illegal for the school to request a barred list check on the volunteer. Supervision must:

Be by a person who is in regulated activity.

Be regular and day to day.

Be “reasonable in all the circumstances to ensure the protection of children”.

17

APPENDIX B

Flowchart of Disclosure and Barring Service criminal record checks and barred list checks.