
Recruitment and Selection Code of Practice
Revised April 2009
Contents
Policy
Summary
We, Newcastle City Council, are committed to making sure our workforce represents the varied communities we serve. We aim to recruit the best staff, no matter what their gender, transgender identity, race or ethnic origin, disability, sexual orientation, religion, belief or age.
We are committed to continually assessing our recruitment procedures and practices to remove barriers to employment for under-represented groups, and to make sure we continue to recruit within the law and according to best practice.
Where appropriate, we aim to have a flexible recruitment process to meet the needs of directorates, with a clear consistent corporate procedure to make sure all requirements are met.
We have developed this policy and the supporting code of practice to make sure we achieve these aims.
Authorised Managers
To help us make sure this policy is effectively put into practice across the organisation, authorised managers from each directorate will be responsible for the recruitment decisions made within their directorates. Their role is to make sure that all recruitment is carried out fairly and without discrimination. This will include:
advertising vacancies;
arranging appropriate selection panels;
managing the recruitment process;
making sure all pre-employment checks have been made;
reaching a decision about who to appoint; and
ensuring eligibility to work in the UK.
All managers are responsible for making sure they do not discriminate when recruiting because of someone's gender, transgender identity, race or ethnic origin, disability, sexual orientation, religion, belief or age.
We are committed to protecting and promoting the welfare of children, young people and vulnerable adults. Authorised managers are responsible for making sure that we do not put vulnerable clients at risk by failing to recruit staff in line with the procedures and the guidance provided for staff working with these client groups.
To support authorised managers in carrying out their role, we will offer them training to help them to understand their responsibilities, and make sure that recruitment activities are carried out within the law and in line with best practice. Authorised managers are responsible for making sure they are appropriately trained and understand their responsibilities under this policy, and for making sure that all staff involved in the recruitment and selection process follow this policy and the associated code of practice.
Complaints
Complaints
If anyone applying for a job feels that they have been unlawfully discriminated against during any part of the recruitment and selection process, they have the right to complain in writing to the Chief Executive within three months. The Head of Organisational Development will investigate the complaint and report back, with recommendations, to the Chief Executive.
The Chief Executive will decide what action, if any, to take and will tell the person who made the complaint what is going to happen.
Solutions
If the Chief Executive upholds a complaint, the solution offered will usually be for the person who made the complaint to rejoin the selection process. Here are some examples of solutions.
If someone is not included on the short-list and there is no justified reason for this, they may be put on the short-list for the job or for another appropriate vacancy.
If the questions asked at the interview are considered to be unfair, the applicant's suitability may be reassessed and another interview arranged for that job or another appropriate vacancy.
If it is found that the person who made the complaint was the best person for the job, they may be offered either that job or another appropriate vacancy.
If it is found that the council has failed to make a reasonable adjustment for a disabled person who has been made a conditional offer of appointment and the post is still vacant, the adjustment will be made with an offer for that job.
If it is found that the council has failed to make a reasonable adjustment and the post applied for has been filled, we will make arrangements to interview the disabled person for another suitable vacancy and to make reasonable adjustments if the person is selected.
Roles and Responsibilities
Directorate Authorised Manager and the Chair of the Interview Panel
Each directorate has identified a number of authorised managers who are responsible for making sure that each appointment made within their directorate is in line with the recruitment and selection code of practice.
The chair of the interview panel is the person responsible for appointing staff and should have been identified by their Chief Officer as an authorised manager. They will be personally responsible for making sure that the correct policies and procedures are followed in making the appointment.
Each authorised manager must be recorded on the employee database and HR/payroll system by the EAS team. They will only place a new member of staff on the HR/payroll system when they receive an appointment approval form signed by an `authorised manager', to confirm that all pre-employment checks have been satisfactorily completed and the code of practice has been followed.
Authorised managers will receive training and support to help them to understand their responsibilities in line with the code of practice.
A smaller number of Authorised Managers have been given additional responsibilities with regard to Criminal Record Bureau checks. This will be Chief Officers and their nominated deputies within each directorate, and they are the only managers authorised to make appointment decisions where a CRB check has highlighted an issue of concern. Download a copy of a list of managers here.
Employee Administration Team (EAS)
The EAS team are responsible for managing the recruitment process in line with directorate instructions. They will:
place adverts;
issue application forms and packs;
record application forms and equality monitoring information;
send interview letters to applicants;
ask for references;
process Criminal Record Bureau (CRB) application forms; and
maintain the recruitment file.
Head of Organisational Development
The Head of Organisational Development is responsible for advising the council on this recruitment policy.
Corporate Training and Development
The corporate training and development team are responsible for providing training courses for authorised managers and recruiters to make sure they are able to carry out their responsibilities in line with the code of practice.
Human Resources and EAS
HR and EAS are able to provide advice and guidance on this policy.
Legal Context
Legal Context
By law, employers must not discriminate, either directly or indirectly, against people because of their age, gender, transgender identity, race or ethnic origin, disability, sexual orientation, or religion or belief. This applies to all aspects of the recruitment process, from advertising jobs through to appointing staff.
The Children's Act 2004 introduced the Child Index which will contain information on all children. This means that a wider group of staff will need to be checked by the CRB than in the past.
Under the Safeguarding Children and Vulnerable Adults Bill, which will become law in 2008, employers must make sure that staff working with these groups are appropriately checked and cleared before they start work.
Under the Local Government and Housing Act 1989, certain staff are politically restricted (not able to take part in political activities or take up a political office, for example, as a member of parliament). These include staff who (with some exceptions):
are graded at or above NJC for Local Government Services (Green Book) salary scale point 44 or its equivalent, or regularly advise the council or a committee, or speak on our behalf to journalists or broadcasters; and
hold certain posts, for example, political assistants.
Under the Local Government Act 1989, councils must appoint staff based on their skills and experience.
Working Time Directive
The working time directive says that workers over the age of 18 must not work (on average) more than 48 hours a week (40 hours a week for people under 18).
We must tell all applicants that they cannot work over 48 hours a week.
Preventing Illegal Working
We must make sure that employees are allowed to work in the UK under the Immigration, Asylum and Nationality Act 2006, which came into force on 29 February 2008.
We must make sure that the documents presented as proof belong to the selected applicant, and that they allow the applicant to do the type of work they are being appointed to do. Download a list of acceptable documents here.
The proof of eligibility to work in the UK will either show an ongoing right to work in the UK (List A) or it will show an entitlement to work in the UK for a limited period only (List B).
If you appoint someone who provides the specified documents from List B you must make repeat checks at least once every 12 months to ensure the employee can still work legally in the UK.
If you wish to appoint someone who is from Bulgaria or Romania, you must read the section about recruiting people from Bulgaria or Romania.
If you wish to appoint someone who is from either Czech Republic, Estonia, Hungary Latvia, Lithuania, Poland, Slovakia or Slovenia, you must read the section about recruiting people from A8 countries.
Data Protection
People applying for jobs have a legal right to see the interview notes under the Data Protection Act 2001.
Defining the Vacancy to be Advertised
Financial Status
A vacancy may be filled only with the approval of an authorised vacancy vetting officer. A Director may nominate other officers (who must be JNC or Principal Officers) to approve filling vacancies on their behalf.
Before we advertise the post, the vacancy vetting officer must be satisfied that:
the post is not likely to be removed to meet budget targets;
filling the post will not increase spending above the directorate's cash limit; and
filling the post is necessary to achieve our work aims.
Employment Status
The vacancy vetting officer must also confirm that it is not reasonable to move the duties of the post to a lower level or to postpone filling the post.
The vacancy vetting officer must also decide, in line with our policy on temporary employment, whether the post should be filled permanently or temporarily.
The decision will be recorded on the `Approval to fill a vacant post form'.
Internal Transfer and Stepping Down
A vacancy can be filled without advertising by transferring an employee from another post at the same grade. Someone can then be recruited for the resulting vacancy. If more than one person is interested in transferring, a selection interview should take place.
Employees applying to `step down' to a lower-graded job may be appointed without competition, as long as their own job is then filled, although separate arrangements will apply in the redeployment scheme
Secondment
A vacant post may be filled temporarily in line with our policy on secondment, by transferring a council employee currently in a post at the same grade or through open competition among current staff following internal advertisement.
Normally, secondments will be for up to 12 months. In exceptional cases, they can be up to 24 months.
Redeployment
Recruitment can be restricted to internal applicants in the following cases (with the approval beforehand of the Head of Organisational Development).
To move an existing employee who has been made redundant or is at risk (redundant employees with one year's service have the right to an automatic interview - preferential consideration - without open competition from other applicants, for a suitable vacancy and to be appointed if they are successful at the interview).
To move an existing employee who becomes medically unfit for their present job.
To reduce staffing costs by filling a post internally and removing the resulting vacancy, to find jobs for employees directly affected by a reorganisation or changes to a staffing structure.
If we decide to restrict advertising to internal applicants only, to meet our budget.
Appointing Previous Applicants
When a vacancy arises within six months of the same or an identical one having been filled, you may appoint one of the previously unsuccessful applicants without advertising the position, as long as the applicant meets all of the essential conditions.
Job Carving
The aim of job carving is to create employment opportunities that are accessible to people who face significant barriers to employment, specifically people with a disability or long-term health problem.
Parts of an existing post or posts are separated out to create a post with very specific tasks. The hours of employment would depend on the tasks within the post, but job-carved posts can be for any number of hours each week.
Job carving can be very beneficial to both the employer and employee. It could be used very effectively to support many city council policies, including the work-life balance. It may also be a useful option to consider when recruiting people for posts that have previously proved difficult to fill.
Examples of how job carving may work:
Where someone with a full-time job reduces their hours, the remaining hours are used to create a job-carved post.
Where a part-time vacancy arises, the tasks are separated into distinct areas and posts developed as necessary.
Where a post is difficult to recruit to, the post could be separated into distinct job-carved posts which may then attract different applicants.
For more information, advice or support on job carving, please contact WorkFirst on 0191 2788334 or e-mail [email address].
Advertising Vacancies
Except as detailed above, all vacancies must normally be available to both external and internal applicants. All vacancies must be formally advertised.
All recruitment adverts must be placed through the EAS team.
All vacancies must be advertised in the Customer Service Centre, the weekly Jobs Bulletin and on our website.
The authorised manager should give the EAS team:
the job description and person specification;
the text of the proposed advertisement; and
any specific instructions or extra information to be provided to the people applying for jobs.
Recruitment Documentation
The EAS team will make sure that recruitment documentation is kept updated during the recruitment process. It will be kept for 12 months and includes the following.
Approval to advertise a post form
Job description and person specification
Job advertisement
All job application forms
Interview notes and a record of the decisions made and reasons why
Test results (if this applies)
References
Confirmation of medical checks
Confirmation of the certificate of disclosure (if this applies)
Confirmation of permission to work in the UK (for external applicants)
Offer and rejection letters
All other correspondence relating to the appointment
Appointment approval form
Approval to Advertise
Introduction
Every post must have a clear job description and person specification.
The job description is a statement of the purpose and responsibilities of the post, and the person specification describes the skills and abilities needed to carry out the post.
The job description must be current before the post is advertised.
The person specification should be reviewed to make sure it is up to date and any amendments have been made.
Job Descriptions Must Include:
the grade;
the title of the post;
the post to which the holder is responsible;
the posts for which the holder is responsible;
the job purpose or main function;
the main responsibilities or a list of the main duties; and
the date of the latest revision.
Person Specifications
Include only conditions that will genuinely affect job performance.
Do not put too much importance on specific formal qualifications, as other evidence of ability may be just as relevant. If you can't justify including a specific qualification don't use it. Be particularly careful when applying general qualifications as an entry requirement (for example, five GCSEs), as this will be difficult to justify.
Describe the experience needed in terms of quality, level and type rather than the amount. For example, asking for five years' experience could be age discriminatory if you can't justify why it is essential.
Do not use age as a condition or as an indicator of experience or maturity.
Avoid unjustifiable physical requirements which could exclude people with disabilities.
Genuine Occupational Requirements and Qualifications
All posts must be open to all applicants, except in certain circumstances where it is a genuine occupational requirement (GOR) to advertise for people of a particular race, sex, sexuality, religion, belief or age.
These cases are likely to be rare within the city council but, if you consider that a GOR may apply, contact your human resources manager before taking further action.
Job Advert and Application Pack
Information to Applicants
People enquiring about a job must receive a copy of the job advert, an application form, and the job description and person specification.
If it is a category E (Enhanced CRB disclosure) or S (Standard CRB disclosure) post, the details should also include our policy on recruiting ex-offenders and information to explain that they will need to fill in the appropriate declaration of criminal convictions form. We will tell applicants that they will need to apply for a disclosure from the Criminal Records Bureau, if successful.
Disabled people may apply for jobs in Braille, on audio tape or in large print. You should contact the EAS team for advice on using Braille or audio tape.
Job Application Forms
All job applicants (whether internal or external) must fill in an application form, as instructed in the job advert.
There are two Newcastle City Council application forms available, and the authorised manager must decide which form is most appropriate for the post being advertised.
The job application form is divided into three sections. Part A covers personal details, part B covers experience, qualifications and skills, and part C covers equality monitoring.
EAS will remove part C (equality monitoring) and it will not be made available to anyone involved in the recruitment process.
Applicants who cannot fill in an Application Form Themselves
An applicant who cannot fill in a job application form themselves (for example, because of reading or writing difficulties or a disability) should still be considered, unless this is directly relevant to the job. In such cases, they may get help to fill in the form.
Receiving and Acknowledging Applications
The EAS team will send out application forms, and filled-in forms must be returned by the closing date given to the EAS team.
The EAS team will contact the authorised manager to ask if they will accept any applications received after the closing date. We will not accept late applications once the short-listing process has started.
Because of the cost, we will not acknowledge application forms or contact people who have not been short-listed.
We will keep a record of the names of people who apply for each post on a database. We will keep the information for monitoring purposes in case we receive any complaints.
Applicant's Relationship with Council Members or Staff
Applicants must tell us about any relationships with a member or senior officer of the council, or any other employee within the directorate where the post they are applying for is located.
Councillors and senior officers must tell the Chief Executive on form CCE.2 (contained in the Newcastle Charter) about their relationship to a relative who they know to be applying for a job with us. Similarly, a senior officer who is selecting someone for a job should tell their director if they know anyone who has applied. For this purpose, a senior officer means over spinal column point 28 or equivalent.
Canvassing
Any applicant who canvasses (tries to use their relationship to gain an advantage in the recruitment process) or allows someone to canvass on their behalf will be disqualified.
Unless they are related to, or have a close personal relationship with, someone applying for a job, councillors and employees are allowed to act as referees for that person. They cannot provide a personal reference for that applicant if they are involved in the recruitment process (short-listing or interviewing).
Line managers are allowed to provide an employment reference for an applicant (a member of their team), who has applied for a post where they are involved in the recruitment process (short-listing or interviewing).
Declaring Outside Interests and Other Employment
People applying for a job over spinal column point 28 must not carry out any other business or take up additional appointments while employed by us, without our permission.
Short-list Applicants
Short-listing Applicants
The EAS team will contact the authorised manager, within two working days of the closing date for the post, to tell them that they can collect application forms and short-listing documents.
Applicants should be short-listed by at least two people who will be involved in the final interview panel (one of whom should have management responsibility for the post to be filled).
As far as possible, the people short-listing for each post must have a reasonable gender balance.
The people creating the short-list review each application form and assess that applicant against the person specification for the post. Any applicant who does not meet the minimum essential conditions should not be included on the short-list.
A record of the decisions made should be recorded on the short-listing form.
The authorised manager will be responsible for the security and confidentiality of the application forms.
The short-listing form should be filled in and returned, together with the successful and unsuccessful application forms, to the EAS team.
Guaranteed Interview Schemes
We guarantee to interview applicants who meet the essential criteria for vacancies and who are:
disabled. The EAS team are responsible for reviewing the applicant assessment forms and, by agreement with the authorised manager, adding to the short-list any disabled applicants who qualify.
defined as job ready by Newcastle Futures. A pro-forma will be attached to the application form of any qualifying candidate.
`looked after children' or care leavers of Newcastle City Council where we are classed as the `corporate parent'. A pro-forma will be attached to the application form of any qualifying candidate.
Contacting Short-listed Applicants
The EAS team will check if any of the short-listed applicants have asked for special interview arrangements and make the necessary arrangements.
The EAS team will send letters to the short-listed applicants inviting them for an interview.
Authorised managers must give the EAS team at least 2 weeks notice to allow sufficient time for arrangements to be made.
Declaring Criminal Convictions
All applicants must make a statement on their application form about any unspent criminal convictions they have (convictions which are still current according to the Rehabilitation of Offenders Act).
For posts working with children, young people and vulnerable adults (that is, category E and S posts), applicants must also make a more detailed declaration of both spent and unspent convictions. (For more information, see the guidance for appointing staff to work with vulnerable client groups).
Taking up References
All applicants must provide two referees.
EAS will ask for references using the reference request form. The applicant cannot start work, or be given an unconditional offer of employment until we have received two satisfactory references. The reference from the primary referee must be in writing. The second reference can be a verbal reference, if a record is made of the conversation and the person taking the verbal reference is sure they are talking to the referee.
Except for posts categorised as E and S, the authorised manager will decide when to ask for references for short-listed applicants.
The EAS team will ask for references after the short-listing process has been completed and before the interview, unless the authorised manager has told them otherwise.
For category E and S posts, we must take up written references before the final selection stage, and make every effort to ensure they are available for the people carrying out the interview. An unconditional offer of employment can not be made until two satisfactory written references have been received.
If the authorised manager has phoned the referee for more information, a written record should be made and attached to the reference request form supplied by that referee.
Interview and Assessment
Interview and Assessment
The recruitment process must involve an interview used with information collected from other sources, for example, a job application form, references and so on.
It is not essential, but strongly recommended, that at least one other method of assessment, such as an occupational test, work sample or practical job-related exercise, is used to give unbiased information on the short-listed applicants.
The selection process for category-E posts must include assessments of each applicant's ability in relation to, and attitude towards, caring for and protecting children and vulnerable adults as appropriate.
All applicants must be asked a series of standard questions. It is acceptable to follow up the standard questions with related questions to make sure the applicant has the opportunity to demonstrate their knowledge.
It is acceptable to ask the applicant to expand on the information they have given on their application form.
The authorised manager is responsible for checking that the successful applicant has the right to work in the UK. Download a list of acceptable documents here. EAS ask applicants to bring proof of their eligibility to work in the UK to the interview. This proof should be photocopied for all candidates who are interviewed. This will speed up the recruitment process.
EAS ask applicants to bring proof of their NI number to the interview. This proof should be photocopied for all candidates who are interviewed. This will speed up the recruitment process.
Interview Panel
The interview panel must be made up of at least a chair of the panel and one other interviewer (one of whom should have management responsibility for the post).
One-to-one interviews are not acceptable and, as far as possible, the panel should have a reasonable balance of men and women.
Members may be involved in making staff appointments to the post of Chief Executive, chief officers and deputy chief officers.
Non-council staff can be on the interview panel to appoint council staff, for example, where we have partnership arrangements in place. Their role should be viewed as advisory, and the authorised manager makes the final decision on appointing staff.
It is the authorised manager's responsibility to make sure that panel members understand and follow this code of practice.
Interview Record
We use the applicant assessment form to record the questions asked and to summarise each applicant's answers.
The interview record form must show how each applicant has met (or not met) the person specification. Interviewers should summarise the evidence presented by the applicant.
At the end of the interview, the panel should discuss the responses given by each applicant, agree who best meets the person specification and the reason why, and record a summary of their decision on the interview record summary form.
It is important that the applicant assessment form has enough detail to make sure that the reason for the decision is clear, if there is any future complaint about the recruitment process.
Contacting Applicants
We will tell short-listed applicants the outcome of their application as soon as possible.
You should make sure that you contact applicants who have a sight or hearing difficulty in the appropriate way, for example, a phone call or in Braille for people with a sight difficulty, or by letter or minicom for people with a hearing difficulty.
Both internal and external applicants may ask for feedback on how they performed during the selection process. If asked, the authorised manager should make arrangements for this to happen.
We guarantee feedback to unsuccessful applicants who have applied for positions through Newcastle Futures.
Offer of Employment and Pre-employment Checks
Offer of Appointment and Pre-employment Checks
Any offer of appointment must be made on the condition that we receive proof of relevant qualifications, evidence of permission to work in the UK, satisfactory references, a relevant driving licence (where appropriate) and medical clearance, if these are not already available.
Copies of these documents should be kept on the individual's personal file. Before taking a copy, you must take all reasonable steps to check that the original document is valid and satisfy yourself that the applicant is the person named in the document. You must sign and date copies with a note to say you have seen the original before forwarding to EAS for the personal file.
You must ask the successful applicant to provide evidence that they are allowed to work in the UK, download a copy of acceptable documents here.
Category E or S posts must have a satisfactory certificate of disclosure at the appropriate level.
The successful applicant must fill in medical questionnaire OHS 1 in confidence, and they may need a medical examination. If the applicant is a current employee of Newcastle Council they would only need to complete an additional OHS1 if their new post exposes them to additional risks other than their current post.
An authorised manager for your directorate must sign the appointment approval form before sending it to the EAS team, to show that all necessary checks have been completed correctly before the person starts work.
The EAS team will not place a new member of staff onto the HR/Payroll system until they have received this signed confirmation.
Duty to Make Reasonable Adjustments for Disabled People
We will ask disabled applicants about workplace adjustments only if they are selected for the job.
The job offer should be on the condition that reasonable adjustments can be made.
You should contact your human resources adviser if reasonable adjustments are being considered.
Details of the Start Date
Once we receive all clearances, we can arrange a start date with the successful applicant.
The EAS team will confirm in writing all appointment details with the employee, including the statement of main terms and conditions.
Starting Salary
All newly-appointed staff should be placed on the lowest point of their salary scale.
Exceptions are allowed in certain circumstances (for example, where the employee would not otherwise receive an increase in pay). If in doubt, you should consult the human resources team before making an offer.
Interview Expenses
We will refund interview expenses to applicants in line with our policy, once the interview process is complete.
If an applicant withdraws or turns down an offer of employment, we will not refund their expenses. We will only refund the expenses of the appointed applicant when they start work.
Induction Arrangements
All new employees should take part in a corporate induction in line with our corporate policy.
The line manager is responsible for making sure that a suitable team or department induction is organised for new and transferring staff members.
Additional Guidance for Appointing Staff to Work with Vulnerable Client Groups
As well as the general information provided in this code of practice, managers recruiting staff to work with vulnerable client groups must also follow the following guidance.
Introduction
This guidance explains the recruitment and vetting checks that need to be made on all applicants who apply for posts working with children, young people and vulnerable adults.
All new staff appointed to the schools workforce need an enhanced CRB disclosure, under the School Staffing (England) (Amendment) Regulations 2006.
We will keep a record of the checks that have been carried out, the date and unique reference number of the CRB disclosure certificate received, and the decision made.
When advertising these posts, it is important to emphasize our commitment to protecting and promoting the welfare of vulnerable clients. This commitment will also need to be followed up at the interview and reference stages. We will tell applicants that we will ask them and their referees specific questions about their suitability to work with the client group the post covers.
Directorates must keep a record of the posts which need a CRB disclosure which will be updated onto the HR/Payroll system.
CRB (Criminal Records Bureau) Checks
A new employee must not be allowed to start work with vulnerable clients until we receive a satisfactory CRB disclosure.
When a person applies for a CRB disclosure to check their suitability, it will also check List 99, POCA and POVA (as appropriate to the post).
Overseas Appointments
If an applicant has worked or lived overseas in the previous five years, where possible you should get a check of the applicant's criminal record from the relevant authority in that country.
The CRB provides an overseas information service and provides details of the sort of criminal record information which new employees may be able to get from their home countries (information received from overseas authorities may need to be translated into English).
If a criminal record check is not available, extra care will need to be taken with the other necessary checks, especially identity, qualifications and satisfactory references.
You can get more information from the CRB enquiry line (phone 08700 100 450 or visit www.crb.gov.uk/default.aspx?page=2243).
Enhanced CRB Disclosure
By law, everyone applying for the following posts must be asked to declare any convictions, cautions or reprimands, warnings or bind-overs which they have received (as these positions are exempt from the Rehabilitation of Offenders Act 1974), including any that would be considered to be `spent' (where the time limit for declaring such convictions has ended) under the act in other circumstances.
Any work in a school or sixth-form college, on day-care premises, or in a children's home or hospital.
Any position in which the normal duties include caring for, training, supervising or being in sole charge of children under the age of 18 or vulnerable adults.
Any position involving unsupervised contact with a child under arrangements made by the child's parents or guardian, the child's school or a registered day-care provider.
A position as a governor of a school or sixth-form college which involves work in the presence of, or caring for, children, or training, supervising or being in sole charge of children.
All new members of staff who have not previously worked in a school, or have been out of the workforce for more than three months, or who move into work which involves more contact with children and their previous post did not need an enhanced CRB check. This includes those staff who do not work directly with children, for example, administration staff, caretakers and other support staff.
Standard CRB Disclosure
The CRB says that standard disclosure is mainly for posts that involve working with children or vulnerable adults not covered by an enhanced disclosure. Standard checks may also be issued for people entering certain professions, such as members of the legal and accountancy professions. The standard check contains details of all convictions held on the Police National Computer, including current and 'spent' convictions as well as details of any cautions, reprimands or final warnings. If a position involves working with children, the CRB check will say whether information is held on three government lists of those who are banned from working with children or vulnerable people. We do not envisage that any of our staff will fall into this category.
List 99
List 99 checks must also be carried out for all members of the school's workforce. List 99 is a confidential document kept by the Department for Education and Skills, which contains the names, dates of birth, National Insurance numbers and, in the case of teachers, the teacher reference numbers, of people who have been stopped or restricted from working in certain jobs by the Secretary of State. Employers must check that they do not appoint a person to a post for which that person has been barred or restricted.
POCA List (Protection of Children Act list)
This is a list, managed by the Department for Education and Skills (DfES) on behalf of the Department of Health (DH), of people banned from working with children.
POVA List (Protection of Vulnerable Adult list)
This is a list, managed by the Department for Education and Skills (DfES) on behalf of the Department of Health (DH), of people banned from working with vulnerable adults.
Identity
It is essential to be sure that the person appointed is who they claim to be. The authorised manager should ask to see proof of identity such as a birth certificate, driving licence or passport.
If the applicant is provided by an employment business or agency, the authorised manager should check that the person who comes to them is the person the employment business or agency has referred to them. We will always need to see proof of identity in connection with an application to the Criminal Records Bureau (CRB) for a standard or enhanced disclosure.
Academic Qualifications
The authorised manager should always check that the person appointed has actually got any academic or professional qualifications they claim they have in their application. They can do this by asking to see the relevant certificate or diploma, or a letter of confirmation from the awarding institution. If original documents are not available, you must ask to see a properly certified copy.
We will also check if the applicant has changed their name, by deed poll or any other procedure (for example, marriage, adoption or statutory declaration).
Professional Registration
If professional registration is needed for the post, this should be checked with the relevant body, for example, General Teaching Council (GTC), General Social Care Council (GSCC) or General Nursing Council (GNC), or by checking relevant proof that the applicant is registered as they claim to be.
References
You should always take up references, and you should get them direct from the referee. It is not good practice to just rely on references provided by the applicant.
You should get a reference from the current or most recent employer. If the applicant is not currently working with vulnerable clients, but has done so in the past, you should contact their previous employer to make sure they are suitable to work with this group.
You should ask for:
confirmation of the applicant's current post, employment dates, position held, salary and sickness record;
specific comments about the applicant's performance history and behaviour;
details of any current disciplinary action;
details of any disciplinary procedures the applicant has faced involving issues related to the safety and welfare of the client group; and
details of any claims or concerns that have been raised about the applicant that relate to the safety and welfare of or behaviour towards the client group, and the outcome of those concerns.
Employment History
The authorised manager should always ask for information about previous employment and get satisfactory explanations for any gaps in employment. If an applicant for a teaching post is not currently employed as a teacher, you should also check with the school, further-education institution or local education authority at which they were most recently employed, to confirm details of their employment and their reasons for leaving.
The General Teaching Council for England (GTC) may also be able to confirm details of a registered teacher's previous employment history.
Confirming the Applicant's Suitability to work with Vulnerable Clients
The authorised manager will also need to be assured that the applicant is suitable to work with the client group. This will need to be confirmed in the wording of adverts and in the questions asked at the interview.
The interview will need to explore issues relating to protecting and promoting the welfare of vulnerable clients, including:
motivation to work with the client group;
ability to form and maintain appropriate relationships and personal boundaries with vulnerable clients;
emotional resilience in working with challenging behaviours; and
attitudes to discipline.
For posts where the main role is to care for children, this may best be done through a preliminary interview where these matters can be explored in detail and the opportunity should be taken to involve children, young people and their parents and carers.
It is a good idea to visit the applicant's workplace, particularly where observing applicants forms part of the formal assessment process. It is an ideal opportunity to observe how the applicant deals with children and young people, and include the views of children in the recruitment process. We will tell applicants when the workplace visit will take place as part of the formal assessment process.
The selection interview is an ideal opportunity to involve children, young people, their parents and carers in the recruitment process. We will make sure that they are effectively briefed on their role within the process.
The authorised manager is responsible for the appointment process.
Treating Criminal Convictions
A criminal record or other relevant matters will not necessarily mean that an individual cannot get a position.
Some convictions will mean that a person cannot work with children or vulnerable adults. However, it is impossible to produce a complete list of offences which automatically disqualify someone.
If a CRB check comes back with a potential issue of concern, the EAS team will contact the Chief Officer concerned (with responsibility for CRB issues), or their nominated deputy, to agree a course of action. It is essential that you get advice from the Chief Officer before confirming any conditional employment offer you may have made.
Under no circumstances should you confirm an appointment until you get these clearances.
Portability of CRB Disclosures
From 1 April 2006, the CRB removed its approval of the use of portability (that is, an applicant provides a disclosure from another organisation).
As we need all directly employed staff to get a disclosure from the CRB, this would only apply to staff provided by an employment business or agency.
The CRB recommend that organisations who are considering whether to accept a previously issued disclosure must understand the limitations and risks, and carry out a full risk assessment.
Limitations
The disclosure may not be at the right level. If an enhanced disclosure is needed, do not accept a standard one.
A disclosure is not valid for a set period of time and can only reflect the information that was available at the time it was issued.
By law, you may have to carry out a fresh check with the Protection of Children Act list (POCA) or the Protection of Vulnerable Adults Act list (POVA) in certain circumstances.
An original disclosure, not a photocopy, contains a number of security features to prevent tampering or forgery.
You need to understand the meaning of the wording that appears in the information boxes on disclosure. `None recorded' means no information was found, `Not requested' means that that check was not done.
Once a recruitment decision has been made, the person who receives the disclosure must not keep it, or any associated correspondence, for longer than is necessary. In general, this should be for up to six months.
You must keep a record of the level of disclosure, the reference number, the date and the decision made.
Risks
A previously issued disclosure is not considered to be a fresh CRB check.
Registered bodies are responsible for the accuracy of the information provided to the CRB and on which it carries out its checks. By accepting a previously issued disclosure, you are accepting the risk that the previous registered body may not have accurately confirmed the person's identity.
The person's criminal record or other relevant information may have changed since the disclosure was issued.
Enhanced disclosures may contain `approved' non-conviction information provided by the police from their local records. In most cases, the CRB will print this information on the disclosure in the box entitled `Other relevant information disclosed at the Chief Police Officer's discretion'. Occasionally, the Chief Police Officer may withhold this information from the applicant's disclosure.
The registered body's copy will contain the words, `Please refer to letter sent under separate cover', printed under the date of issue on the disclosure. If you choose to accept the applicant's copy, you will not know if any information was revealed in a separate letter to the previous registered body.
Any risk assessment should take account of the following.
Do I have to get a new check by law?
Is the level of disclosure the same as the level I need?
How old is the disclosure?
Is the position which the previously issued disclosure applies to similar to the position for which I need a CRB check?
Have all checks that I need been carried out?
Was the previous disclosure applied for by an organisation that I trust to have correctly confirmed the identity of the person?
Have you confirmed the person's identity to make sure that the person presenting the disclosure is the person on whom the CRB check was done?
Is the applicant still living at the same address as the one printed on the disclosure?
If it is an enhanced disclosure, how can I find out if the police released any more information that is not recorded on the disclosure?
Have you got permission from the applicant to approach the other organisation?
CRB Code of Practice
The CRB's code of practice says that information revealed through a CRB check (including other information provided under separate cover) can only be passed to individuals who need to see it as part of the recruitment decision, for which the CRB check was requested.
If another organisation contacts you about a previously issued disclosure, you can only:
confirm whether or not the information provided reflects that which appears on your copy of the disclosure; and
say if the police did or did not issue more information.
Our Recommended Approach
If you are using staff supplied by an agency, it is important that you follow this procedure to make sure you reduce the risks of appointing unsuitable staff.
If the applicant has their own copy of a disclosure that they got from another organisation, we will not consider the disclosure valid and will not accept it.
If the agency who supplied the member of staff has a disclosure certificate which is less than six months old, we can accept this as a temporary measure, but only if it is at the correct level.
You must contact the countersignatory (the person registered with the CRB and given authority to sign on behalf of the organisation) at the previous registered body (for example, the agency) to find out if any other information has been released.
Until our copy of the disclosure comes back (usually three to four weeks), we can still use the portability procedure and the agency's disclosure to `cover' this period of time.
All other checks will be carried out as normal.
We must keep a record of what checks have been carried out, the date and unique reference number of the disclosure certificate received, and the decision made.
Health
Anyone appointed to a post involving regular contact with children or young people should be medically fit (see The Education (Health Standards) (England) Regulations 2003).
The same standards should be applied to any employee working with vulnerable clients.
Internal Applicants
You should also make sure that checks are done if an employee changes jobs within the council. Their previous post may not have needed the same level of check as the new post, and you should not assume that because someone is already working here they do not need to be checked.
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