A childcare recruitment agency has been ordered to disclose the references it receives to candidates who request them, prompting concerns that employers may be deterred from providing candid information and children could be put at risk.
Tinies Childcare became locked in a battle with the Information Commissioners Office (ICO) following a nursery nurses suspicions that she was being turned down for jobs because a former employer had given her a bad reference.
Although her former employer, a nursery manager, said that she did not want her opinions passed on to the nursery nurse, the Information Commissioner is insisting that Tinies reveal them.
Nursery World has seen correspondence from the ICO which says that if Tinies does not comply it could face criminal prosecution, non-criminal enforcement or audit.
Ben Black, director of Tinies, said that his company was considering challenging the ICO in court. He said, If nursery managers or parents felt under any intimidation, imagined or real, not to disclose full details about a former nursery worker or nanny, then there is a real danger that the wrong people could slip through the net, because the references do not paint a full picture. A reference that merely confirms dates of employment might be fine for some industries, but its not really sufficient in the childcare market.
Mr Black added, Under the Data Protection Act there are exemptions from having to disclose references, if there is a compelling reason not to, decided on a case-by-case basis. We feel that there is a compelling reason here.
A spokesperson for the ICO said, The Data Protection Act gives individuals the right to find out what information an organisation holds on them, including references by previous employers. The Act does not prevent employers from giving honest and open references. Any individual who applies to work with children will undergo an enhanced criminal records check. This will reveal not just criminal convictions but also other police information that is needed to ensure children are not put at risk.
Tom Hadley, director of external relations for the Recruitment and Employment Confederation, said, There is always a balancing act between the rights of the individual and the need for confidentiality, but our understanding is that current legislation provides for exemptions, and that confidentiality is owed to the author. We feel that this is a live issue needing further debate.
