Recruitment and Selection Policy

In this document

1.1. Recruiting the best people to our Trust is vital for our continued success in providing the highest standards of education to our pupils.

1.2 Not appointing the right people to our roles can have a negative impact on the performance of our organisation.

1.3 In schools, the Headteacher is responsible for deciding on the arrangements to recruit to any post, with the exception of the Headteacher role where the Board will be responsible.

1.4 In carrying out our recruitment processes we:

1. Are committed to the creation of a safe environment for our pupils by operating safer recruitment practices in line with the statutory requirements and guidance;
2. Will comply with the requirements of Data Protection Legislation (being the UK General Data Protection Regulation and Data Protection Act 2018) and any implementing laws, regulations and secondary legislation, as amended or updated from time to time. Our Trust GDPR and Data Protection Policy sets out how we will comply with Data Protection Legislation;
3. Will comply with the requirements of the Equality Act (2010) and are committed to ensuring that throughout our recruitment and selection processes no applicant is disadvantaged or discriminated against because of the protected characteristics of age, disability, gender, gender re-assignment, marriage or civil partnership, pregnancy or maternity, race, religion or belief and sexual orientation.

1.5 In the very exceptional cases where it is determined that an applicant does not have the physical or mental fitness to work in a school in line with the Education (Health Standards) (England) Regulations 2003, this will be approved by the CEO / COO.

1.6 Recruitment will be solely based on the applicant’s abilities and individual merit as measured against the criteria for the job. Qualifications, knowledge, experience, and skills will be assessed at the level that is relevant to the job.

1.7 It is a legal requirement that all registered bodies must treat DBS applicants who have a criminal record fairly and do not discriminate because of a conviction or other information revealed. Registered Bodies and employers who are Regulated Activity Providers (including schools) are obliged to have a written policy on the recruitment of ex-offenders, which is available to DBS applicants at the outset of the recruitment process. See policy statement at Appendix 1.

1.8 If an applicant makes the Trust aware, at any stage of the recruitment process, that they have a disability, then reasonable adjustments must be considered to ensure the applicant is not disadvantaged by the process.

2.1. The purpose of this policy is to set out our processes for recruiting, selecting and appointing any employee to work within our Trust.

Sections 4.10 and 4.11 on Disclosure and Barring Service checks also applies to volunteers in our Trust.

3.1.1 All recruitment must be in line with this policy to ensure that we identify, deter and prevent people who pose a risk of harm from working with our pupils.

3.1.2 The recruitment of all applicants and volunteers to our organisation must, without exception, follow the processes of safer recruitment. All offers of employment will be subject to us being satisfied that the applicant or volunteer is a suitable person to work with children and young people.

3.1.3 Keeping Children Safe in Education should be read and followed in its entirety by Trustees, Executive and School Leaders. However, any other staff involved in recruiting to our organisation must as a minimum read the latest Keeping Children Safe in Education guidance Part 3 (or updated statutory guidance) produced by the DfE and our Trust Child Protection Policy. These can be obtained from the Beckfoot Trust website.

3.1.4 All recruitment must be planned to ensure that there is adequate time available to recruit safely.

3.1.5 Any person who becomes aware that this policy is not being followed during recruitment must inform the Headteacher immediately.

3.1.6 All of the checks described in Sections 4.9 and 4.10 must be carried out and have been determined as satisfactory before an applicant can start their employment at Beckfoot Trust.

3.2.1 All written records of interviews, application forms and reasons for appointment or non-appointment will be kept by the Trust in line with our Recruitment Privacy Notice, our Workforce Privacy Notice (for appointed candidates), our Retention and Destruction Procedure and in line with the requirements of Data Protection Legislation.

4.1.1 Any vacant position will normally be advertised via the appropriate channels to ensure the most appropriate field of applicants is obtained.

4.1.2 All advertisements will have the following statement about safeguarding children and young people and the requirement to have a DBS check: Beckfoot Trust is committed to safeguarding and promoting the welfare of children and expects all staff and volunteers to share this commitment. All offers of employment are subject to an Enhanced DBS check, and where applicable, a prohibition from teaching check.

4.1.3 All advertisements will also include the following statement. ‘This post is exempt from the Rehabilitation of Offenders Act (ROA) 1974. The amendments to the ROA 1974 (Exceptions Order 1975, (amended 2013 and 2020)) provide that when applying for certain jobs, certain spent convictions and cautions are protected and they do not need to be disclosed to employers. If they are disclosed, employers cannot take them into account. Guidance about whether a conviction or caution should be disclosed can be found on the Ministry of Justice website and further information about filtering offences can be found in DBS filtering guide.

4.1.4 Under Part 7 of the Immigration Act 2016, the Public Sector fluency duty requires state funded schools to ensure candidates for their customer facing roles have the necessary standard of spoken English (or English or Welsh in Wales). For example, a teaching assistant required to communicate with pupils to support their learning, would be viewed as operating in a public-facing role. Job Descriptions should make clear the necessary standard of spoken English or Welsh required for the role.

4.1.5 All applicants will be provided with a copy of our Recruitment Privacy Notice which sets out how we will gather, process and hold personal data of individuals during and after the recruitment process.

4.2.1 A job description will be required for all posts which describes the duties and responsibilities of the post. It must be up to date, accurate and specific to the role. The job description must also include a person specification which outlines all of the necessary skills, abilities, experience, attitude, behaviours, qualifications and knowledge requirements for the post.

4.2.2 All job descriptions and person specifications must make reference to the responsibility for safeguarding and promoting the welfare of children.

4.3.1 All applicants are required to fill out an application form. CVs will not be accepted.

4.3.2 It is an offence for anyone to apply for a role if barred from engaging in regulated activity relevant to children (and adults in a special school setting).

4.4.1 The equal opportunities monitoring form must be removed from the application and not provided to the short-listing panel.

4.4.2 Applicants will be short-listed against the requirements of the person specification. The same people should carry out the short-listing and the interviews and should be at least two people. The outcome of the short-listing process will be recorded and retained.

4.4.3 The short-listing panel are responsible for scrutinising the application forms and identifying any gaps in employment or other areas that may affect an applicant’s suitability to work with children and young people. A satisfactory explanation for any concerns including any concerns as a result of online searches must be obtained from the applicant during the interview process.

4.5.1 Beckfoot Trust may conduct searches, either themselves or through a third party of the online presence and publicly available social media content of shortlisted candidates to identify any comment, image or other content that could cause reputational damage to the Trust and/or give rise to a safeguarding concern.

4.5.2 Management of online searches (either by carrying out the search or instructing a third party to do so), and the collation of information will be carried out independently from those managing the shortlisting process. Only information relevant to potential reputational damage and/or safeguarding concerns obtained from the search will be passed to those managing the interview.

4.5.3 All offers of employment will be conditional upon receipt of at least two satisfactory written references. References will:

• Be requested for all shortlisted applicants, including internal applicants
• Include the applicant’s current or most recent employer and where an applicant for a teaching post is not currently employed as a teacher, will include the applicant’s most recent employer as a teacher
• Ask the current employer for details of any capability history in the previous two years, and the reasons for this
• Be directly from the referee, who will be a senior person with appropriate authority and confirmed as accurate by the headteacher in respect of any disciplinary investigations
• Not be accepted if they are ‘to whom it may concern’ letters
• Request information on the applicant’s suitability to work with children and young people from the last employer where the applicant worked with children (if not currently working with children)
• Be verified with the person who provided the reference and, where the reference is provided electronically, verify that it is from a legitimate source
• Be clarified with the referee where the information is vague or insufficient
• Establish the reason for the candidate leaving their current or most recent post
• Be compared with the information set out in the application form and any discrepancies discussed with the candidate • Be requested before the interview; and
• Be explored further with the referee and with the applicant during the interview if necessary.

4.5.4 Where it has not been possible to obtain references before the interview, any concerns that are subsequently raised will need to be resolved before the appointment is confirmed.

4.5.5 Shortlisted candidates will be required to complete a self-declaration of their criminal record or information that would make them unsuitable to work with children. Applicants will only be asked to disclose and discuss criminal convictions and/or cautions which would make them unsuitable to work with children in line with the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (2013 and 2020).

4.6.1 A face-to-face interview must take place for all applicants to all posts. The use of video conferencing or other similar technologies is acceptable for this purpose by exception.

4.6.2 All those involved in interviewing must be properly prepared to undertake the role, which may involve appropriate interview training. At least one person on the interview panel must have passed the appropriate safer recruitment training.

4.6.3 The purpose of the interview is to assess the merits of each applicant against the job description and person specification to establish their suitability for the post and to work with children and young people.

4.6.4 Interviews should be conducted with a minimum of two interviewers on the panel ideally with an equal gender balance to enable one interviewer to assess the applicant, observe and make notes whilst the applicant talks to the other interviewer.

4.6.5 Before the interview commences the interview panel should have:

• Prepared appropriate questions for the role
• Prepared appropriate questions to test the applicant’s suitability to work with children and young people
• Identified any areas for further probing, e.g. if a criminal record has been declared, any information about past disciplinary action/allegations, or if there are gaps in employment etc;
• Agreed assessment criteria which reflects the person specification; and
• Decided a structure to the interview and established which member of the panel will ask which questions.

4.6.6 A set of common questions relating to the requirements of the post will be asked of each applicant. Their response will determine whether that is followed up through further questioning.

4.6.7 Any gaps in employment history and any concerns identified as part of the online and social media checking process must be explored during the interview process.

4.6.8 Any gaps in employment history must be explored during the interview process.

4.6.9 Candidates shortlisted for interview will be asked about their suitability to work with children. Areas that may be concerning and lead to further questions include:

• Implication that adults and children are equal
• Lack of recognition and/or understanding of the vulnerability of children
• Inappropriate idealisation of children
• Inadequate understanding of appropriate boundaries between adults and children; and
• Indicators of negative safeguarding behaviours.

4.7.1 In addition to a face-to-face interview with the interview panel a variety of other selection methods may be used, such as:

• Observation of teaching practice in our schools or in the applicant’s current school or academy
• One or more additional panel interviews (for example, a panel made up of pupils from our schools)
• A presentation
• In tray exercises; and
• Psychometric testing.

4.7.2 Those responsible for deciding the arrangements for recruitment to a specific post will determine the selection method(s). They will be relevant and appropriate to the role and will be based on the requirements for the particular post as set out in the job description and person specification.

4.7.3 Candidates will be informed in advance if any selection methods are to be used in addition to a face to face interview and what these are.

4.8.1 Under the “fluency duty” (Part 7 of the Immigration Act 2016), public authorities are required to ensure that workers in public facing roles are fluent in English (or Welsh in Wales). Public facing roles are those members of teaching and support staff who, as a regular and intrinsic part of their role, are required to speak to members of the public (including students in schools).

4.8.2 Beckfoot Trust will accept a range of evidence of spoken English language ability as follows:

• Competently answering interview questions in English,
• Possessing a relevant qualification for the role attained as part of education in the UK or fully taught in English by a recognised institution abroad,
• Passing an English spoken language competency test or possessing a relevant spoken English qualification at CEFR Level B1 or above, taught in English by a recognised institution abroad (and from September 2017 this includes Welsh second language GCSE).

4.9.1 An offer of appointment to the successful applicant will be conditional upon the following:

1. Receipt of at least two satisfactory written references (one of which must be their current or most recent employer)
2. Verification of the applicant’s identity, preferably from current photographic ID and proof of address
3. Sight of birth / adoption certificate (where available) and evidence of any name changes
4. Verification of the applicant’s medical fitness
5. Verification of qualifications where relevant
6. Verification of professional status where applicable. For teachers, this will include checking that the individual has the required teaching qualification and has successfully completed any statutory induction, if required, through the Teacher Services System
7. Satisfactory enhanced DBS check (see Section 4.10)
8. Satisfactory online searches (see section 4.5)
9. For management positions (Applicable to trustees, Headteachers, members of the Senior Leadership Team and departmental heads only), verification that they are not subject to a section 128 direction by checking the Teacher Services System
10. For teachers and other employees who hold QTS who are working in non-teaching roles, verification that they are not subject to a prohibition order by checking the Teacher Services System
11. For teachers who have taught overseas, satisfactory check to determine any restrictions/sanctions that have been imposed in EEA member states, through the provision of a letter of professional standing from the professional regulating authority in the country that they qualified.(EEA regulator restrictions do not prevent an individual from taking up teaching positions in England, however, employers should consider the circumstances leading to the restriction when assessing a candidate’s suitability to be employed)
12. A clear children’s barred list check (if in regulated activity with children (or regulated activity with adults in special school))
13. Verification of right to work in the United Kingdom
14. Any further checks where the applicant has lived or worked outside of the UK including receipt of criminal record information from overseas
15. Confirmation that the applicant is not disqualified from providing childcare. This will apply to identified individuals involved in caring for children or the management of provision in the following:
    • before or after school clubs or activities for children up to the age of 8
    • early years education for children up to the age of 5.

Guidance for relevant individuals is available at appendix 2 to this document.

4.9.2 All checks must be confirmed in writing, retained on the personnel file and recorded in the single central record (SCR).

4.10.1 Beckfoot Trust will carry out a risk assessment to determine if a DBS check is required for each role in accordance with Annexe E of Keeping Children Safe in Education. If a role is assessed as requiring a DBS check, the following DBS checks will be undertaken for new appointments, before the employee or volunteer starts work:

Who	Definition	What type of check
Employees who will be engaging in regulated activity	As an educational institution which is exclusively or mainly for the provision of full-time education to children, Beckfoot Trust is an establishment specified in the relevant legislation. Activity carried out in this establishment will therefore be regulated activity relating to children if it meets the definition in the relevant legislation, including that it is carried out: • Frequently by the same person (for example once a week or more); or • On more than three days in any period of 30 days. Note – personal care of a child because of age, illness or disability including physical help with eating, toileting, washing, bathing, or dressing is always regulated activity regardless of how frequently it is carried out.	An enhanced DBS check with children’s barred list check will be obtained Unsupervised volunteers As above An enhanced DBS check with children’s barred list check will be obtained.
Unsupervised volunteers	As above	An enhanced DBS check with children’s barred list check will be obtained. Those applying for Chair of Trustee posts (after 01.04.17) must also have their identity verified for a stipulated professional as part of their DBS check as per the below link: https://www.gov.uk/government/publica tions/identity-verification-for-new-chairsof-trustees
Supervised volunteers	Where an individual is a volunteer (e.g. carrying out activity that is unpaid) they will not be engaging in regulated activity if: They are being supervised by someone that is in regulated activity; and The supervision is regular and day to day (e.g. it is ongoing); and The supervision is reasonable in all the circumstances to ensure the protection of children (this may take into account for example, the age including the variation in ages), number and vulnerability of children the individual is working with, the nature of the work and opportunity for contact with children, whether other individuals are helping to look after them and how many workers a supervisor is supervising).	We are unable by law to obtain a barred list check on a supervised volunteer. We will however obtain an enhanced DBS check (with no barred list check) for supervised volunteers if required following the risk assessment

4.10.2 In exceptional circumstances a new employee or volunteer may be able to start before the enhanced DBS certificate has been received, but not before the children’s barred list check has been completed. The School/Trust must ensure that appropriate supervision is in place until the DBS certificate has been received. For posts in regulated activity with adults, a person will never be allowed to commence in post before a certificate is received as there is no separate standalone adults barred list check.

4.10.3 DBS certificates will only be issued to the applicant. All applicants must produce the disclosure certificate. Any relevant criminal information disclosed by the Disclosure & Barring Service will be cross referenced with the applicant’s self-declaration and the interview notes to ensure the information had been disclosed and assessed correctly. The disclosure will be scrutinised to ensure it is authentic and to detect any fraud. The DBS disclosure number and date of the check must be recorded in the Single Central Record (SCR). We are not required to take a copy of the DBS certificate, however we may choose to do so for decision making purposes. Any copy will be held for no longer than necessary, and up to a period of six months and be processed in line with Data Protection Legislation.

4.10.4 Any applicant who refuses to produce their DBS disclosure will not be able to start work at Beckfoot Trust and the conditional offer will be withdrawn as satisfactory checks are not in place. Any volunteer who refuses to produce their disclosure will not be able to volunteer in any of our schools.

4.10.5 Applicants (free for volunteers) can have their DBS certificate kept up to date and take it with them from role to role where the same type and level of check is required. Applicants or volunteers should be asked if they have subscribed to this service. The cost of this service is £13 per year. The expectation is that individuals personally fund this if required. Where the applicant or volunteer has subscribed they should provide the original disclosure document to be verified and the HR Team will check the online update for any changes.

4.10.6 Applicants will only be asked to declare convictions and cautions that are either unspent or would not be protected under the amendments to the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (2013 and 2020).

4.10.7 Information relating to an individual’s criminal record will only be shared with the relevant people to enable the Trust to make a decision about their suitability to work with children and young people.

4.11.1 An enhanced DBS check and a children’s/adults (as applicable) barred list check may be carried out for all existing staff and volunteers (subject to risk assessment) when their contact with children or young people (or adults in a special school) has increased from that at their time of appointment or they have a break in service of three months or more.

4.11.2 An enhanced DBS and children’s/adult’s barred list check (if applicable) may be carried out on any employee or volunteer (subject to risk assessment) where the Trust has concerns about an individual’s suitability to work with children and young people.

4.11.3 DBS certificates will only be issued to the applicant. The Trust expects all applicants to produce the disclosure certificate when requested to do so. Any existing employee who does not produce their DBS disclosure will be managed through the disciplinary procedure.

4.11.4 All existing employees are required to inform the Trust of any change in their criminal record during employment with the Trust. This includes all convictions, cautions, arrests, and police investigations. Beckfoot Trust requires all employees to sign a declaration on an annual basis that there has been no change in their criminal record. Action may be taken as a result of any change or any failure to inform the Trust of any change.

4.12.1 In the case of agency staff, the Trust must ensure that the arrangement with the agency imposes an obligation on the agency to carry out all recruitment checks as set out in section 4.9, including DBS and children’s barred list checks (or adult, where relevant), that the Trust would otherwise complete for its staff. The Trust must obtain written confirmation (copy of the DBS certificate) from the agency that these checks have been carried out and are satisfactory before the agency worker arrives. This must be recorded in the Single Central Record (SCR).

4.12.2 Upon the engagement of an agency worker, the agency must be supplied with a copy of the Trust’s Child Protection and Safeguarding Policy which includes details of managing allegations for supply workers (Appendix 7) unless the agency has been previously provided with the most recent version of this policy.

4.13.1 Any instances of this policy not being adhered to will be taken very seriously and appropriate disciplinary action will be taken.

4.13.2 Any complaint in relation to this policy, including its application will be managed through the Trust’s complaints policy or grievance policy (for existing employees).

5.1 This policy is reviewed and amended annually by the Executive and in consultation with the recognised trade unions. We will monitor the application and outcomes of this policy to ensure it is working effectively.

It is a legal requirement that all registered bodies must treat DBS applicants who have a criminal record fairly and do not discriminate because of a conviction or other information revealed. Registered Bodies and employers who are Regulated Activity Providers (including schools) are obliged to have a written policy on the recruitment of ex-offenders, which is available to DBS applicants at the outset of the recruitment process.

1.1 As an organisation assessing applicants’ suitability for positions through the Disclosure and Barring Service (DBS), Beckfoot Trust complies fully with the Code of Practice, and undertakes to treat all applicants for positions fairly. We undertake not to discriminate unfairly against anyone who is the subject of a DBS check on the basis of conviction or other information revealed.

1.2 Beckfoot Trust is committed to the fair treatment of our staff, potential staff or users of our services, regardless of gender, pregnancy and maternity, ethnicity, culture, age, disability, sexual orientation, gender identity, religion or belief, marital and civil partnership status, education, learning styles, caring responsibilities or offending background.

1.3 Beckfoot Trust 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. We select all candidates for interview on the basis of their qualifications and experience, skills and knowledge, character and values in relation to the requirements of the post.

1.4 For positions where DBS checks are required, the application form and job advert will contain a statement that as DBS check will be requested in the event of the individual being offered the position.

1.5 Beckfoot Trust can only ask an individual to provide details of convictions and cautions that the Trust are legally entitled to know about. We expect all applicants to provide details of cany criminal record history that is not protected as defined by the Rehabilitation of Offenders Act 1974 (Exceptions) order 1975 (as amended in 2013 and 2020).

1.6 A statement of these details should be sent on a self-disclosure form under separate cover in an envelope marked ‘Private and Confidential’ for the Headteacher (or recruiting Director for central posts) in the centre of the envelope and with the words ‘Self Disclosure Information’ in the bottom left hand corner. Please forward these details prior to the date of your interview. We guarantee that this information is only be seen by those who need to see it as part of the recruitment process.

1.7 As a Regulated Activity Provider (RAP) most paid employees of the Trust are in regulated activity with children and therefore subject to checks of the DBS children’s barred list in addition to enhanced DBS certificate. For positions in our special schools, a DBS including check of the Adults Barred List is appropriate. For volunteers and contractors, a DBS check is requested when it is both proportionate and relevant to the position concerned following risk assessment.

1.8 Beckfoot Trust ensures that all those who are involved in the recruitment process will have been suitable guidance to enable them to identify and assess the relevance and circumstances of offences. We also ensure 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 and its amendments and know how to access advice and support.

1.9 At interview, or in a separate discussion, Beckfoot Trust ensures that an open and measured discussion takes place about 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.

1.10 Beckfoot Trust undertakes to discuss any matter revealed on a DBS certificate with the individual seeking the position before considering withdrawing a conditional offer of employment. This discussion and any subsequent risk assessment may be undertaken by a Headteacher or Central Director.

1.11 A copy of the Code of Practice detailed here https://www.gov.uk/government/publications/dbscode-of-practice can be made available on request.

*Please download the PDF to view