Work Matters: Policy Q&A: Recruitment - How to employ responsibly

The Statutory Framework for the Early Years Foundation Stage: Setting the Standards for Learning, Development and Care for Children from Birth to Five sets out the necessary steps that nurseries must take to safeguard and promote the welfare of children. The Practice Guidance for the Early Years Foundation Stage (the Guidance) provides additional guidelines for nursery operators.

The Statutory Framework confirms that 'providers must ensure that adults looking after children, or having unsupervised access to them, are suitable to do so.' Therefore, all nursery operators need to be sure they have procedures in place that ensure that they recruit staff who are both: (i) the most suitable candidates for the position; (ii) safe to work with children.

Q: Why is a safer recruitment process considered to be so important?

A safer recruitment process focuses on deterring candidates who are unsuitable for work with children from applying for employment in the first place. It does this by communicating from the outset that your recruitment process will be thorough and rigorous, that applicants will be vetted and screened and only those positively considered safe and suitable to work with children will make it through. A robust safer recruitment process involves thinking about and including issues to do with safeguarding children at every stage of the recruitment process.

Q: Should we use an application form, or can I simply request a CV?

A CV may be limited, because it contains only what the applicant wants it to contain and can be subject to artistic licence. Use of an application form, however, ensures consistency in the questions asked and the information obtained, helps identify any gaps in the applicant's employment history, tests the candidate's written and presentation skills and is easier to digest and compare on a 'like for like' basis. In addition, it can include specific questions relating to the role or the organisation which can be used as a first round of assessment, and presents a professional approach to recruitment which may attract and impress the best applicants and deter those who may be unsuitable for employment. For these reasons, the use of application forms is recommended as best practice.

Q: Who is the best person to conduct an interview?

Clearly, an interviewer should be somebody in a position of responsibility. It is recommended that an interview panel consists of at least two interviewers rather than a single person, as this allows one interviewer to observe and assess a candidate and take notes while the candidate is talking to the other.

Q: Are there any particular areas that we should focus on in the interview in order to avoid recruiting an unsuitable candidate?

The statutory guidance Safeguarding Children and Safer Recruitment in Education is quite helpful in this respect. Although this guidance was not specifically written for nursery operators, it represents best practice and includes many useful tips. It states that, in addition to assessing and evaluating the applicant's suitability for the particular post, you should also explore: (i) the candidate's attitude toward children; (ii) his/her ability to support your agenda for safeguarding and promoting the welfare of children; (iii) any gaps in the candidate's employment history; (iv) any concerns or discrepancies arising from the information provided by the candidate and/or a referee; (v) whether the candidate wishes to declare anything in the light of the requirement for an enhanced CRB disclosure. In addition, you should also watch out for issues such as repeated changes in employment, unexplained gaps in continuous employment, moves from permanent to temporary roles and regression in career progression.

Q: I am occasionally provided with 'to whom it may concern' references. Can I rely on these?

When scrutinising candidates, you should not rely on open references. Ideally you should obtain two written references, with one from the candidate's most recent employer. If the candidate's last job did not involve working with children, then a reference should also be obtained relating to the last role that did.

Q: Some of my staff are provided by an agency at short notice. How do I comply with my obligations in this situation?

The Guidance confirms that nursery operators should ensure that supply staff, including those from agencies, have had an enhanced CRB check. We would also recommend as best practice that nursery operators obtain written confirmation from the agency that all the required pre- employment checks have been completed.

Q: What checks need to be undertaken on a prospective employee?

The Statutory Framework confirms that nursery operators should make decisions regarding an applicant's suitability using evidence from:

- An enhanced Criminal Records Bureau disclosure
- References
- Interviews
- Identity checks
- Full employment history
- Qualifications
- Any other checks undertaken, for example, medical suitability.

In addition, nursery operators must meet the new requirements of the Safeguarding Vulnerable Groups Act 2006. Accordingly, the Children's Barred List held by the Independent Safeguarding Authority (ISA) must be checked to ensure an applicant is not barred from working with children and vulnerable adults. This list incorporates both 'List 99' and the Protection of Children Act List (PoCA).

On 12 October 2009 the ISA took full responsibility for administering both the Adults' Barred List and the Children's Barred List. There is now a duty on relevant employers to provide the ISA with information about potentially harmful individuals so that these people can be considered for placement on one or both of the barring lists. It is a criminal offence for a barred individual to seek or carry out work with children or vulnerable adults. Relevant employers who knowingly take on a barred individual will also be committing a criminal offence.

From July 2010, those who are new to the workforce, those who are changing roles to take on regulated activity and those changing jobs while working in regulated activity, may apply for ISA registration. It becomes compulsory in November 2010. The requirement to be registered with the ISA will be rolled out over a five-year period to include those who currently work with vulnerable groups but are staying in their current role.

- Rob Collier is a partner at Veale Wasbrough Vizards and heads the Early Years Team. Contact him on 0117 3145472 or rcollier@vwv.co.uk.