Appendix C PROCEDURES FOR CHECKING STAFF AND VOLUNTEERS APPOINTED IN SCHOOLS The following guidance has been produced as a reminder and update on the procedures that schools must follow when appointing staff and volunteers. CONTENTS: 1 Single Central Record of Staff and Volunteers 2 Vetting and Barring Scheme Update 3 References 4 Health Check 5 Right to Work in the UK 6 Additional Checks for Overseas Staff 7 Volunteers 8 Supply Staff 9 Safer Recruitment Training Appendix – Reducing the Amount of Incorrect CRB Forms Further guidance on these procedures can be found on the following websites and documents: www.everychildmatters.gov.uk (Safeguarding Children and Safer Recruitment in Education – publication available for download) www.teachernet.gov.uk/vettingrecords www.ind.homeoffice.gov.uk www.crb.gov.uk www.isa-gov.org.uk 1 SINGLE CENTRAL RECORD OF STAFF AND VOLUNTEERS As part of Ofsted inspections and to comply with Safeguarding Children legislation which came into force on 1 January 2007, schools are required to produce evidence of a Single Central Record for each member of staff, (including supply staff), volunteers, governors who work as volunteers and all others who have ‘regular’ contact with children. As a reminder to Head teachers, the following information should be included in the single record: Identity – name, address and date of birth; Qualifications – where the qualification is a requirement of the job ie those posts where a person must have QTS, NPQH; GTC registration for teaching posts; Evidence of permission to work for those who are not nationals of a European Economic Area (EEA) country; Guidance on checking procedures for school staff/June 2009 1 List 99 check (see Section 2 Vetting & Barring Scheme); CRB Enhanced Disclosure Further overseas criminal records checks where appropriate (see Section 6 – Additional checks required for overseas staff); Date that the check was evidenced. Suggested pro forma for recording what checks have been completed. Identity Name Qualifications Address Date of birth Evidenced & date Qualification required: yes/no Qualification evidenced & date List 99 CRB Right to work in the UK Check evidenced & date Check evidenced & date Check Evidenced & date Overseas criminal records checks Checks Required Yes/No Schools should ensure the single record is kept in a secure format and is fully completed and updated ready for Ofsted Inspections. NB On NO occasion should a teacher or those working directly in contact with children start working before a List 99 check is carried out. There may however, in exceptional circumstances, be occasions where a teacher starts work prior to receipt of CRB Disclosure certificate. In these circumstances, head teachers must ensure that the individual is appropriately supervised at all times, pending Disclosure. 2 VETTING AND BARRING SCHEME (VBS) - UPDATE The Government has now announced the new measures that will provide further protection of children and vulnerable adults under the new Vetting & Barring Scheme which is to be launched on 12 October this year. From 12 October 2009: Two new barred lists administered by the Independent Safeguarding Authority (ISA) will replace the existing List 99. The Independent Safeguarding Authority (ISA) will assess information on individuals referred by employers and make a barring decision. It will be a crime for a barred individual to seek or undertake work in ‘regulated activity’ and for those employers who knowingly take them on. From July 2010: Guidance on checking procedures for school staff/June 2009 2 Individuals will be able to apply to the CRB for ISA registration. For those who currently work with children and/or vulnerable adults, organisations will be given up to five years to ensure that all current employees and volunteers are registered with ISA. Applications for ISA registration will be made to the CRB via Registered/Umbrella Bodies. The CRB will introduce a new application form to apply for ISA registration and a CRB check on the same form. ISA status will be continuously monitored and assessed against any new information on the individual. Employers will be able to carry out free online checks of an individual’s ISA registration status. From November 2010: It will be a legal requirement for anyone who is applying to work with children and/or vulnerable adults in England, Wales and Northern Ireland to register with the ISA. Employers will be legally bound to check and confirm that the individual they want to employ in a ‘regulated activity’ is registered with the ISA. Comprehensive Scheme guidance is still in the final stages of being produced by the Home Office. Guidance on the ISA Decision-Making Process is available on the ISA’s website (www.isa-gov.org.) All stakeholders, including head teachers should be receiving fortnightly update emails from the DCSF on the transition to the new Vetting and Barring Scheme (VBS). Further information can be found on at www.isa-gov.org.uk or by telephoning the ISA contact centre on 0300 123 1111. 3 REFERENCES References should be obtained before interview and as well as verifying the candidate’s suitability and ability to do the job, should seek details of any disciplinary issues relating to the safety and welfare of children or young people, any allegations or concerns. One reference must be sought from the current or most recent employer or from university/college if a first appointment. (Any gaps in previous employment history should always be questioned and satisfactorily explained at interview stage). If a candidate for a teaching post is not currently employed as a teacher, it is advisable to check with the school or LA where they were most recently employed to confirm their reasons for leaving. Where the referee has not answered all the specific questions, ie sickness record, suitability for the post, past performance history etc, or where the reference is vague, the referee should be contacted by telephone. Guidance on checking procedures for school staff/June 2009 3 Information provided must always be checked with the information provided on the application form and any discrepancies taken up with the candidate. Emailed references should always be followed up by a signed copy on headed paper. Open references, ie ‘To Whom It May Concern’ are not acceptable. 4 HEALTH CHECK Under the Education (Health Standards) Regulations, a health check must be carried out for all school staff. Recruiters must be satisfied that individuals have the appropriate level of physical and mental fitness before an offer of appointment is confirmed. 5 RIGHT TO WORK IN THE UK Under section 8 of the Asylum & Immigration Act 1996 all employers in the UK are to make basic document checks on every person they intend to employ. Before an offer of appointment, ideally at interview stage, candidates must be asked to provide evidence of their right to work in the UK. The original right to work document must be seen by the Head teacher or Office Manager and a copy taken for your records. The following original documents are acceptable as proof: Valid Passport Full Birth Certificate Once the nationality of the person is identified additional documents will need to be provided for those who are from outside of the EEA. (Please see section 6 below) EEA nationals can live and work in the UK without restrictions. 6 ADDITIONAL CHECKS REQUIRED FOR OVERSEAS STAFF Those staff who are from a country that joined the EU in May 2004 referred to as ‘A8 countries’ are also free to work in the UK but must register under the Worker Registration Scheme unless they are exempt (further guidance available on the link below). Those staff who are from Bulgaria & Romania referred to as ‘A2 countries’ are free to come to live in the UK but will need permission to work and would be required to apply for an Accession Worker Card or a work permit, dependant on individual circumstances. (further guidance available on the following link http://www.ukba.homeoffice.gov.uk/ ) Guidance on checking procedures for school staff/June 2009 4 Any person who is a national from a country outside of the EEA or Switzerland must go through the Tier 2 for skilled workers process of the points based system where the employer will need to apply for a certificate of sponsorship. Before a certificate of sponsorship can be issued there are a number of checks and assessments which need to be carried out according to the Border and Immigration Agency (BIA) requirements on employing migrant workers. The Employee will then either apply for ‘Entry Clearance’ for those applying outside of the UK or ‘Further Leave to Remain’ for those who are currently already in employment within the UK. When employing overseas staff schools should ensure that references are taken up in accordance with section 3 above. Qualifications of Overseas trained teachers can be checked against UK Naric to obtain the level of Qualification achieved and the authenticity against the UK Qualification framework. A Criminal Records Check or Certificate of good conduct from the country of abode must be produced by the individual. Please ensure all documents produced are verified, endorsed and copied. 7 VOLUNTEERS At the moment if a school is actively seeking volunteers, and is considering candidates about whom it has little or no recent knowledge, it should adopt the same recruitment measures as it would for paid staff. In other circumstances, for example where a school approaches a parent to undertake regular work (regular is defined as three or more times in a 30 day period, or overnight) who is well known to the school to take on a particular role, a streamlined procedure can be adopted: seeking references, checking to ensure others in the school community know of no concerns and can make a positive recommendation, conducting an informal interview to gauge the person’s aptitude and suitability, and undertaking a List 99 and a Criminal Records Bureau (CRB) disclosure. In other circumstances, eg where a volunteer’s roles will be one off, such as accompanying teachers and pupils on a day outing or helping at a concert or school fete, a List 99 would be sufficient and the School must ensure that the person is not to be left alone and unsupervised in charge of children. If volunteers are recruited by another organisation which works within a school, eg sports coaches from a local club, the school should obtain assurance from that organisation that the person has been properly vetted. Guidance on checking procedures for school staff/June 2009 5 7 SUPPLY STAFF Schools must check with the relevant supply agency, and obtain written confirmation that all appropriate checks have been undertaken. They must also see a copy of the CRB Disclosure in cases where the Disclosure contains information. Please note that photocopies of Disclosure certificates should not made. The individual’s unique Disclosure number and date of clearance should be the only information kept on file. Schools should also check whether the agency has been awarded the ‘Quality Mark’ and found to comply with good recruitment practices. Further details of the Quality Mark standards are at: www.rec.uk.rec/about-the-rec/quality-mark.aspx It is also advisable that on reporting for duty, the supply teacher is asked for photo identification to prove they are actually the person sent by the agency. 8 SAFER RECRUITMENT TRAINING The Government is currently consulting on making safer recruitment training mandatory by 1 January 2010. The proposal is that from this date, at least 1 person involved in interviewing an applicant for a post of head teacher, deputy head teacher, teacher or member of the support staff must have completed the safer recruitment training developed by the DCSF. For further information on the NCSL training programme go to: http://www.ncsl.org.uk/managing_your_school-index/safer-recruitment-index/saferrecruitment-faqs.htm#e If you require any further assistance or guidance on any of the above, please contact a member of the Schools HR Team. SCHOOLS HUMAN RESOURCES FIR TREE HOUSE, TOWN HALL WALTHAMSTOW E17 4JF Guidance on checking procedures for school staff/June 2009 6 Appendix C1 REDUCING THE AMOUNT OF INCORRECT CRB FORMS In order to avoid unnecessary delays in processing CRB forms, recruiters in schools should ensure the forms are checked thoroughly before they are sent to the HR Schools Team for a counter signatory. Top Five Common Errors in Applications for CRB Disclosures 1 Five-year address history incomplete. Gaps and overlapping in address histories are by far the biggest cause of rejected forms. 2 Middle name missing. When an applicant submits information such as a driving licence number and it indicates that a middle name exists, but it has not been detailed on the application form, the CRB will reject the form and return it to the RB for clarification. 3 Surname at birth missing. An applicant crosses MS or MRS, but does not enter surname at birth in Section C20. The surname at birth must always be provided even if this is the same as the surname recorded in Section A. 4 Level of check. The application form should always indicate the level of check required at Section Y6/7. 5 Missing signature. The application form should always be signed by the registered Countersignatory at Section Y9, and by the applicant at Section H68 If you make any of these errors, your application form will be returned resulting in a delay in the Disclosure process. Guidance on checking procedures for school staff/June 2009 7