Safe recruitment' is one of the five overarching legal requirements grouped under 'Suitable people' Framework for the EYFS (see box).
Safe recruitment
Links to:
- Every Child Matters Outcome: Helping to keep children safe
- Former National Standards: 1-Suitable Person, 2-Organisation, 6-Safety and 14-Documentation
Overarching general requirement
Providers must ensure that adults looking after children, or having unsupervised access to them, are suitable to do so.
Specific legal requirements
Policies and procedures that need to be in place:
- Recruitment policy and procedure
Operational issues
- Make sure that every member of staff has had an enhanced Criminal Records Bureau (CRB) Disclosure, which includes a Protection of Children Act list /List 99 (POCA) check. All adults who have unsupervised contact with children MUST have completed an enhanced CRB check.
- Records need to be kept which clearly state that checks have been successfully completed, which include the number and date of the enhanced CRB disclosure for each member of staff.
- Effective systems must be in place to ensure that personnel who have unsupervised access to children are suitable to do so.
- Providers must consider the Safeguarding Vulnerable Groups Act 2006, which comes into effect from autumn 2008.
Statutory guidance
Policies and procedures that need to be in place:
- Recruitment policy and procedure
Operational issues
- CRB disclosures should be handled in accordance with the CRB's Code of Practice
- Decisions on suitability should be taken from:
- References
- Previous employment
- Qualifications
- Identity checks
- Medical checks
- All providers should make sure any prospective applicant declares their convictions and/or cautions, including court orders which may disqualify them from working with children or may affect their suitability to do so.
- Providers should inform all adults that they need to declare their convictions and/or cautions, including court orders which may disqualify them from working with children or may affect their suitability to do so.
- Providers should ensure that they cross-reference the suitability of applicants with the recruitment of suitable people, as stated on page 15-16 of the Practice Guidance for the Early Years Foundation Stage.
Suitability
Links to:
- Every Child Matters Outcome: Helping to keep children safe
- Former National Standards: 1-Suitable Person, 2-Organisation, 6-Safety and 14-Documentation
Overarching general requirement
Providers must ensure that adults looking after children, or having unsupervised access to them, are suitable to do so.
Specific legal requirements
Policies and procedures that need to be in place:
- Documentation policy
Operational issues
Note: It is an offence not to notify Ofsted of the following:
- Change of provider or person with direct responsibility for early years provision
- Proposal of childminder to employ an assistant to look after children
- Any change of persons of 16 years or over living or working on childminding premises
- Change of hours, relating to caring for children overnight
- Change of use to the premises that may affect the quality and space
- Change of the provider's name or address
- Change of registered company or charity name and/or number
- Any change in the address of premises where childcare is provided
- Any criminal offence committed by the registered provider after the time of registration
Effective systems ensure that Ofsted are notified of the above.
Statutory guidance
Policies and procedures that must be in place:
- Documentation policy
Operational issues:
- When notifying Ofsted about change of persons or if the person is over 16 years of age living or working on childminding premises, this must include the individual's date of birth, name (any former names or aliases) and home address.
- Records that are kept on the premises should include: name and address of staff, volunteers and committee members and information relating to recruitment, training and qualifications.
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Laura Henry can be contacted at info@childcareconsult.co.uk
Laura Henry, managing director, Childcare Consultancy
WELFARE REQUIREMENTS
Suitable People
'Suitable People' is the second group of welfare requirements contained in the Statutory Framework for the Early Years Foundation Stage (pages 29-32).
Each requirement is split into three sections:
1. The overarching general legal requirements - a general statement of requirements
2. Specific legal requirements - which providers must comply with
3. Statutory guidance - which providers should have regard to.
Parts of the requirements apply only to group provision, but these are clearly indicated.
CASE STUDY
Kinderland day nursery in Croydon, Surrey, has a robust recruitment policy and procedure in place, which is linked to their safeguarding children policy. Prospective staff are informed that checks will be carried out on them to ensure that children are safeguarded and protected.
Jo Mullins, the proprietor, explains, 'Applicants have the opportunity to state whether they have any convictions and an enhanced CRB is carried out on all staff. The number and date is noted and we ensure that this is stored in a confidential place. During the interview we question the applicant about any gaps in their employment and cross reference with employment dates in their application forms.
'Two references are taken up - one must be from a previous employer or place of study, and again, dates are checked as to when they were in employment. We ask prospective employees about their health - for example, how many sick days they have had in the last rolling year, and this is sometimes verified from the previous employer. Further clarification may be sought if the individual has a medical condition that may impact on their suitability. We would always make a risk assessment of the situation.
'The applicant has to produce identification, which is matched to their address and date of birth. Photo identification is also in place to make sure that the prospective candidate is who they say they are.'
FURTHER INFORMATION
- www.crb.gov.uk
- www.opsi.gov.uk
- www.teachernet.gov.uk/publications (download EYFS)
- www.everychildmatters.gov.uk
- www.ofsted.gov.uk
- www.dcsf.gov.uk
- www.dh.gov.uk
- Safeguarding Children and Safer Recruitment in Education, available from teachernet
- 'Recruitment - Your Essential Guide', Nursery World, 18 January, 15 February, 15 March 2007.
