The Safer Recruitment Policy sets out our commitment to recruiting staff who are suitable to work with children and vulnerable adults and sends a clear message to staff, agency workers and potential applicants that Lily Staffing Solutions prioritises the safety and welfare of the children and young people in our care.
All organisations which employ staff to work with children and young people have a duty to safeguard and promote their welfare. This includes ensuring that the organisation adopts safe recruitment and selection procedures which prevent unsuitable persons from gaining access to children and vulnerable adults.
Lily Staffing Solutions aims to recruit and retain the best people, enabling us to achieve the purpose, aims and targets of the partners we work with. To do this we need to recruit safely and carefully and help our employees work to the best of their ability. Effective and consistent recruitment practices are therefore essential to ensure that all applicants are treated fairly and with diversity and equality of opportunity and that costly recruitment mistakes are avoided.
This policy and the subsequent procedures are based on current legislation, guidance, and best practice. This guidance applies to all adults who have contact with children and young people through their work, whether in a paid or voluntary capacity. It applies to permanent, temporary and agency staff and to those recruited from overseas. It also applies to staff who do not have direct responsibility for children, such as administrative staff, cleaners and maintenance workers. It applies to anyone who may have contact with children within the organisation and/or has access to confidential and sensitive information.
The principles of safe recruitment will also be included in the terms of any contract or service level agreements drawn up between the organisation and partners, contractors or agencies that provide services for, or staff to work with, children and young people.
Responsibilities Associated with this Policy
All employees are personally responsible for managing their own conduct in relation to following this policy and supporting their colleagues and co-workers to follow this policy.
The Managing Director is responsible for ensuring all those employed directly or indirectly or on a voluntary basis are made aware of this policy and guidance. In addition, the Managing Director is also responsible for ensuring effective systems are in place for monitoring the safe and proper conduct of staff whilst interacting with or working alongside the children and young people in our care.
The Managing Director and the Operational and Service Managers are responsible for taking such action as necessary to prevent children being at risk of harm because of an adult’s failure to follow this policy and guidance. The Managing Director is responsible for reviewing this policy at least annually and more frequently if and when it is considered necessary to do so, and for ensuring this policy remains fit-for-purpose.
A culture of vigilance
All prospective candidates seeking employment with the Lily staffing Solutions should take note that everyone involved in the organisation, along with the children and young people themselves, promote ongoing awareness and vigilance about welfare and safety. There is awareness by all that adults who may want to harm children could seek to work in, or gain access to the Children and young people we work with.
There are clear and well promoted procedures for raising concerns, including the Whistleblowing Policy. The culture of the organisation is open and reflective. Staff training and regular supervision reinforces and explores good practice, knowledge, skills, and attitudes. Robust liaison with external colleagues including regulators, local authorities, the police and other safeguarding agencies means that challenge and support is inherent in daily life.
This policy and procedures will ensure that staff are recruited safely and fairly and that the safety of children and young people is being considered at every stage of the process.
Elements of safe practice
Planning and advertising
The recruitment process is planned in advance to ensure that there is a consistent approach every time a new staff member is recruited.
This will:
Any vacancy will be authorised by the Managing Director before any attempt is made to fill the role. The Managing Director will consider whether the role is essential to meet the requirements of the service alongside the potential cost implications.
Clearly defined roles
It is important to be clear about the mix of qualities, qualifications and experience a successful candidate will need to demonstrate and whether there are any particular matters that need to be stated in the advertisement for the post, in order to prevent unwanted applications.
For any role working with children and young people, both the job description and the person specification should highlight the importance of understanding safeguarding issues.
All posts in the organisation should have a job description and person specification.
The job description should include:
The person specification should include:
Once a post becomes vacant or a new post is created the job description and person specification need to be reviewed/agreed to ensure compliance with safe recruitment guidance.
Advertising
The advertisement will include a statement about Lily Staffing Solutions commitment to safeguarding and promoting the welfare of children and young people and reference the need for the successful applicant to undertake a satisfactory Disclosure and Barring Service Disclosure. All vacancies should be advertised to attract a sufficiently wide selection of applicants. Lily Staffing Solutions will support reasonable training and coaching to enable employees to achieve career advancement (Where applicable). Where it is not deemed suitable to restrict recruitment to within Lily Staffing Solutions database of candidates, then external methods of recruitment will be considered. These may include advertising on online job boards or advertising in suitable press.
All vacancies will be advertised in the most cost-effective manner and Lily Staffing Solutions subscribe to CV searching on major job boards which allows us to approach applicants directly via the job boards email service, which all candidates must agree to before posting their CV’s onlIne
The Information Pack
The application pack is designed to ensure that people interested in applying for a role have all the information they need about the organisation and the advertised vacancy. A standard application form is used for all roles.. This helps make sure all the information needed is collected from each candidate. The application includes space for the candidate to explain how they meet the criteria outlined in the person specification.
The pack should include a copy of:
All information given to interested applicants should highlight the importance of the rigorous selection processes and the duty to safeguard and promote the welfare of children and young people. It should be clear that proof of identity will be required, as well as a Disclosure and Barring Service check where appropriate.
No advertisement will show any intention to discriminate unlawfully. Recruiting managers always seek advice from safer recruitment training and guidance regarding appropriate wording of recruitment advertisements to ensure the principles of the Equality & Human Rights Commission recommended code are not breached.
The Self-disclosure Form
A self-disclosure form is given to candidates to ensure they have the opportunity to share confidentially information that relates to any unspent criminal convictions, child protection investigations or disciplinary procedures they have on their record. If the role requires an enhanced Disclosure and Barring Service check all applicants are asked to disclose any ‘unprotected’ spent convictions and cautions.
The company administrator will ensure that this information is submitted under separate, confidential cover and is viewed by those only who need to see it as part of the recruitment process.
1. The Use of Disclosure in the Recruitment Process
As an organisation assessing applicants’ suitability for positions which are included in the rehabilitation of Offenders Act 1974 (Exceptions) Order using criminal record checks processed through the Disclosure and Barring Service (DBS). Lily Staffing Solutions complies fully with the code of practice and undertakes to treat all applicants for positions fairly.
It is the intention of Lily Staffing Solutions to request a Disclosure for all positions where candidates will have regular contact with and access to the records and personal details of children or vulnerable adults.
Lily Staffing Solutions believe that a criminal record may not necessarily bar an individual from gaining employment. However, an offer of employment to an ex-offender will depend on the nature of the position and the circumstances and background of the offences. Lily Staffing Solutions undertakes not to discriminate unfairly against any subject of a criminal record check on the basis of a conviction or other information revealed. Lily Staffing Solutions can only ask an individual to provide details of convictions and cautions that are legally entitled to know about:
Where a DBS certificate at either standard or enhanced level can legally be requested (where the position is one that is included in the Rehabilitation of Offenders Act 1974 -(Exceptions) Order 1975 as amended, and where appropriate Police Act Regulations as amended).
The majority of positions within Lily Staffing Solutions involve care and support for children or vulnerable adults. For these posts , there will be a requirement to disclose all convictions, including any “unspent” convictions.
Lily Staffing Solutions safer recruitment policy on the recruitment of ex-offenders is made available to all DBS applicants at the start of the recruitment process. The organisation actively promotes equality of opportunity for all with the right mix of talent, skills and potential and welcome applications from a wide range of candidates, including those with criminal records.
Lily Staffing Solutions selects all candidates for interview based on their skills, qualifications and experience an application for a criminal record check is only submitted to DBS after a thorough risk assessment has indicated that one is both proportionate and relevant to the position concerned. For those positions where a criminal record check is identified as necessary, all application forms, job adverts and recruitment briefs will contain a statement that an application for a DBS certificate will be submitted in the event of the individual being offered the position.
Lily Staffing Solutions ensures that all those in who are involved in the recruitment process have been suitably trained to identify and assess the relevance and circumstances of offences, also ensuring that they have received appropriate guidance and training in the relevant legislation relating to the employment of ex-offenders, e.g. the Rehabilitation of Offenders Act 1974.
At interview, or in a separate discussion, Lily Staffing Solutions ensures that an open and measured discussion takes place on the subject of any offences or other matter that might be relevant to the position. Failure to reveal information that is directly relevant to the position sought could lead to withdrawal of an offer of employment.
Lily Staffing Solutions makes every subject of a criminal record check submitted to DBS aware of the existence of this code of practice and makes a copy available on request. Lily Staffing Solutions undertakes to discuss any matter revealed on a DBS certificate with the individual seeking the position before withdrawing a conditional offer of employment.
The Secure Storage, Handling, Use, Retention & Disposal of Disclosures & Disclosure Information.
As an organisation which uses the Disclosure and Barring Service (DBS) to help assess the suitability of applicants for positions of trust, Lily Staffing Solutions complies fully with the DBS Code of Practice regarding the correct handling, use, storage, retention and disposal of Disclosures and Disclosure information.
Lily Staffing Solutions also complies fully with its obligations under the Data Protection Act 2018 and other relevant legislation pertaining to the safe handling, use, storage, retention and disposal of Disclosure information. Lily Staffing Solutions recognises that it is a criminal offence for this information to be passed to anyone who is not entitled to receive it.
The Company Administrator will ensure that proof of Disclosure information is not stored on an applicant’s personnel file and is always kept separately and securely, in lockable, non-portable, storage containers with access strictly controlled and limited to those who are entitled to see it as part of their duties. They will where possible be scanned onto the cloud storage IT system.
In accordance with Section 124 of the Police Act 1997, Disclosure information is only passed to those who are authorised to receive it in the course of their duties. Disclosure information may be accessed by the company administrator. Members of the Senior Management Team are permitted access if the information is strictly relevant to them in the course of their duties.
Lily Staffing Solutions will ensure that Disclosure information is only used for the specific purpose for which it was requested and for which the applicant’s full consent has been given. Once the decision to recruit (or re-advertise) has been made, the company will ensure that Disclosure information is not kept for any longer than is absolutely necessary. The period of retention for Disclosure information will be six months, to allow for the consideration and resolution of any disputes or complaints. However if, in very exceptional circumstances, it is considered necessary to keep Disclosure information for longer than six months, a member of the management team will consult the DBS for advice and will give full consideration to the Data Protection Act 2018 and Human Rights of the individual before doing so. Once the retention period has elapsed, the manager will ensure that any Disclosure information is immediately suitably destroyed by secure means, i.e. by shredding. While awaiting destruction, Disclosure information will not be kept in any insecure container (i.e. waste bin or confidential waste sack).
Lily Staffing Solutions will not keep any photocopied or other image of the Disclosure or any copy or representation of the contents of a Disclosure. The Project may keep a record of the date of issue of a Disclosure, the name of the individual, the type of Disclosure requested, the position for which the Disclosure was requested, the unique reference number of the Disclosure and the details of the recruitment decision taken.
2. How to deal with an applicant with a criminal record
Even though we can take into account an applicant’s criminal record when determining their suitability for a role, we should be able to show that we have applied a reasonable consideration of the applicant’s criminal record rather than judging them as unsuitable - just because they have a criminal record.
If a shortlisted applicant has disclosed a criminal record that had given concerns regarding their suitability for the role, before making a final decision a risk assessment should be conducted and meeting with the applicant (if necessary) to give them the opportunity to respond to any concerns. The risk assessment will include relevant information such a self-declaration/disclosure statement, work references, personal or character references and a supporting statement from probation officer etc.
Criminal record Risk assessment- Appendix 1
3. Secure Storage, Handling, Use, Retention & Disposal of Disclosures
Applicants should complete self-disclosure forms before interview and bring them in a separate, sealed envelope marked 'Confidential'. Self-disclosure forms are opened and considered as part of the vetting process after the candidate has accepted a conditional offer. If the applicant is unsuccessful or declines the post their unopened self-disclosure form is disposed of securely. See the Secure Storage,
4. Handling, Use, Retention & Disposal of Disclosures & Disclosure Information
As an organisation which uses the Disclosure and Barring Service (DBS) to help assess the suitability of applicants for positions of trust, Lily Staffing Solutions complies fully with the DBS Code of Practice regarding the correct handling, use, storage, retention and disposal of Disclosures and Disclosure information.
Lily Staffing Solutions also complies fully with its obligations under the Data Protection Act 2018 and other relevant legislation pertaining to the safe handling, use, storage, retention and disposal of Disclosure information. Lily Staffing Solutions recognises that it is a criminal offence for this information to be passed to anyone who is not entitled to receive it.
The Company Administrator will ensure that proof of Disclosure information is not stored on an applicant’s personnel file and is always kept separately and securely, in lockable, non-portable, storage containers with access strictly controlled and limited to those who are entitled to see it as part of their duties. They will where possible be scanned onto the cloud storage IT system.
In accordance with Section 124 of the Police Act 1997, Disclosure information is only passed to those who are authorised to receive it in the course of their duties. Disclosure information may be accessed by the company administrator. Members of the Senior Management Team are permitted access if the information is strictly relevant to them in the course of their duties.
Lily Staffing Solutions will ensure that Disclosure information is only used for the specific purpose for which it was requested and for which the applicant’s full consent has been given. Once the decision to recruit (or re-advertise) has been made, the company will ensure that Disclosure information is not kept for any longer than is absolutely necessary. The period of retention for Disclosure information will be six months, to allow for the consideration and resolution of any disputes or complaints. However if, in very exceptional circumstances, it is considered necessary to keep Disclosure information for longer than six months, a member of the management team will consult the DBS for advice and will give full consideration to the Data Protection Act 2018 and Human Rights of the individual before doing so. Once the retention period has elapsed, the manager will ensure that any Disclosure information is immediately suitably destroyed by secure means, i.e. by shredding. While awaiting destruction, Disclosure information will not be kept in any insecure container (i.e. waste bin or confidential waste sack).
Lily Staffing Solutions will not keep any photocopied or other image of the Disclosure or any copy or representation of the contents of a Disclosure. The Project may keep a record of the date of issue of a Disclosure, the name of the individual, the type of Disclosure requested, the position for which the Disclosure was requested, the unique reference number of the Disclosure and the details of the recruitment decision taken.
The Application Form
The application form is used to obtain a common set of core data. A curriculum vitae is not accepted in place of an application form but will also be required for cross checking purposes.
Within the application form there should be:
References
Referees will usually be sought from an applicant once an offer of employment is made and referees will not be approached without the applicant’s permission. However, for senior positions we may require the applicant to provide details of referees prior to an offer of employment being made. With the applicant’s consent the referees will be approached and the responses received will form part of the selection decision. The purpose of seeking references is to obtain objective and factual information to support appointment decisions.
The reference should confirm:
Equal Opportunities in Recruitment
Lily Staffing Solutions actively promotes equality of opportunity for all with the appropriate combination of talent, skills and potential and welcome applications from a wide range of candidates, including those with criminal records. Candidates are selected for interview based on their skills, qualifications and experience.
All the Lily Staffing Solutions policies and procedures reflect our commitment to achieving and maintaining equal opportunities within the workplace. It is the responsibility of every employee to monitor continually and evaluate formal practices, informal practices and procedures to ensure that they do not directly or indirectly discriminate against any individual or group of society.
It is against the Lily Staffing Solutions Equality and Diversity Policy and against the law in many cases to discriminate either directly or indirectly on the grounds of race (including nationality, ethnic or national origin), gender, marital/civil partner status, pregnancy or maternity, age, disability, sex, sexual orientation, gender reassignment, ethnicity, cultural or religious beliefs.
All employees are required to comply with the requirements of the Lily Staffing Solutions Equality and Diversity Policy at every stage of the recruitment process including production of job escriptions, advertising material, instructions given to recruitment agencies, shortlisting of applications, interviewing, selection decisions and offers of employment.
In order for Lily Staffing Solutions to monitor the effectiveness of the recruitment process in ensuring equality of opportunity all candidates are requested to complete an Equal Opportunities Monitoring Form which is removed from the application form prior to the initial screening or selection stage. Any data which is collected regarding gender and ethnic origins will be collected solely for the purpose of monitoring equal opportunity and will be held confidentially by Lily Staffing Solutions in accordance with our data protection policies and procedures and protected from misuse.
Selecting applicants for interview
Shortlisting should be carried out by at least two people. The same selection panel should both short list and interview the candidate. At least one member of the panel should have undertaken safe recruitment and selection training.
All application forms should be scrutinised to ensure:
Each application should be assessed according to how well it meets the criteria set out in the person specification and on the ability of the candidate to carry out the role, based on justifiable and objective criteria.
Incomplete applications should not be accepted.
Any anomalies, discrepancies or gaps in employment and the reasons for this should be noted, so that they can be taken up as part of the consideration of whether to short-list the applicant, as well as a history of repeated changes of employment without any clear career or salary progression or a mid-career move from a permanent to temporary post.
All candidates should be assessed equally against the criteria contained in the person specification.
Preparing for the interview
Different selection methods are available dependent on the person specification:
Interview Panel:
At least two people should be on the interview panel, one who is the lead or chair of the panel. Members of the panel agree beforehand who is responsible for ensuring the candidate selection is conducted fairly and candidates are treated equally.
Children and young people’s participation: Involving children, young people and their families in recruitment can be a really useful way of finding the right people for the role. If children and young people are part of the process it is important to clarify with them:
Practical test:
A verbal question and answer format may not be the best way to test a particular requirement or competency. Other methods such as a practical test or presentation can be used.
A schedule for interview is produced with a standard letter/email or telephone conversation of with sent to each short-listed candidate, detailing the position they have applied for, the time, date, and location of the formal interview, an outline of the interview processes and a request to confirm their attendance for interview. It also reminds candidates to bring to interview original copies of identification. Candidates without these must account for this and agree to provide them within reasonable time scales. Failure to do so may influence the panel’s decisions.
It will be usual to give candidates at least one week's notice of interview, unless it is for a short term temporary role in which case we would first seek to fill this role from our database of already screened candidates.. All information is sent at this time including information about any tasks the interviewee may be requested to undertake. The invitation will also include an opportunity for the candidate to inform the interview panel of any access requirements or special arrangements.
Candidates must be asked to bring documentary evidence of their identity that will satisfy DBS requirements - i.e. a full birth certificate or a passport/photo driving licence or some form of photograph identification, together with an additional document such as a utility bill that verifies the candidates name and address. Where appropriate, change of name documentation should also be brought to the interview.
The interview
Interviews will be conducted in a suitable environment, giving full consideration to the needs of any applicants with any access requirements or who have declared the need for additional assistance.
Questions are planned in advance. Questions must relate to items in the person specification and enable the panel to explore the candidate’s suitability to work with children, their attitude and their motivations for applying for the role.
Interviews to recruit people to work with children and vulnerable adults should always be conducted face-to-face.
The candidates are asked the same questions so that they are all treated equally.
Residential settings
For people who are to be employed to work in a residential childcare setting they must show that they are able to fulfill the requirements of Section 32 The Children’s Homes (England) Regulations 2015:
a) the individual is of integrity and good character;
b) the individual has the appropriate experience, qualification and skills for the work that the individual is to perform;
c) the individual is mentally and physically fit for the purposes of the work that the individual is to perform.
A candidate applying for a post working directly with children and young people in a residential setting who does not hold a Level 3 Diploma for Residential Childcare or equivalent qualification must be willing to undertake this qualification within two years of their commencement in the post.In addition, during the interview candidates should show they are able to:
Verification of identity checks are designed to:
Making an offer
It will usually be the responsibility of the recruiting team to make the verbal offer of employment, having first obtained the necessary approvals to ensure that all details regarding the terms and conditions of employment are correct and within approved budget. Existing salaries for similar roles within Children & Young Peoples staffing providers will be considered so that inconsistencies are not created which could be challenged under the Equality Act 2010.
When contacting the successful candidate, it must be made clear that the offer is still subject to satisfactory completion of all the vetting processes. An offer of appointment to the successful candidate should be conditional upon:
Receipt of at least two satisfactory written references, where possible confirmed by telephone. Make sure information provided in the reference is consistent with the information provided by the candidate in their application form and interview. Any discrepancies, concerns, or vague statements are followed up. Referees will not be approached without the applicant’s permission. Any information about past disciplinary actions or allegations should be considered on an individual case by case basis. For example, a past case in which an issue was satisfactorily resolved, or an allegation determined to be unfounded, where no further issues have been raised, are less likely to cause concern than more serious or recent allegations or disciplinary actions. A history of repeated concerns or allegations over time should give cause for concern.
It is against the law to employ a person who does not have permission to live and work in the UK. Lily Staffing Solutions could be prosecuted and fined under the Immigration, Asylum and Nationality Act 2006 for employing somebody who does not have permission to work in the UK. Therefore, all successful applicants will be required to provide evidence of suitable original documentation from List A or List B (as specified by the Home Office). A copy will be retained for the personnel file.
All checks should be:
These facts should be reported to the police and/or Disclosure and Barring Service (if they are not already aware). Anyone who is barred from work with children is committing an offence if they apply for, offer to do, accept or do any work which constitutes Regulated Activity. It is also an offence for an employer knowingly to offer work in a regulated position, or to procure work in a regulated position for an individual who is disqualified from working with children, or fail to remove such an individual from such work.
If references or other employment conditions (e.g. DBS Disclosure) which are satisfactory to the project are not received within a reasonable timescale then it may be necessary to withdraw the offer of employment.
Recording of recruitment documentation
All documentation relating to the recruitment of staff must be retained on file, including notes made of candidates’ responses to questions at interview. Any check completed must be confirmed in writing and retained on the candidates personnel file, together with photocopies of and documents used to verify his/her identity and qualifications.
Under DBS regulations, DBS disclosures should be destroyed as soon as it is no longer needed, but a record must be kept of the date the disclosure was obtained and who by, the level of the disclosure and the unique reference number. Satisfactory references must be kept on the candidate’s personnel file. Personnel records (both manual and computerised) are held by the company administrator. These records are held in a secure environment, only accessible to managers within the Lily Staffing Solutions.
Complaints
Any applicants who consider that they have been unfairly treated or discriminated against during the recruitment process should write to the Recruitment Manager stating the grounds of the complaint.
Any employee who wishes to complain about his/her experience of the recruitment process should do so by means of the Grievance Procedure