Safe Hiring Policy

Last Updated: January 25, 2024

  • Introduction
  • Recruitment and selection procedure
  • Medical fitness
  • Pre-employment checks
  • Policy on recruitment of ex-offenders
  • References
  • Retention and security of disclosure information
  • Whistleblowing
  • Responsibilities
  • Group 1: primary trusted identity credentials

Introduction

The LSET is committed to providing its students with the best possible care and education, as well as safeguarding and promoting their welfare. It is the policy of LSET to provide a supportive and flexible working environment to all of its employees. In order to achieve these aims, it is crucial to attract, recruit, and retain staff who share this commitment.

LSET’s recruitment policy has the following objectives:

  • Ensure that qualified candidates are recruited on the basis of their merit, abilities, and suitability;
  • Ensure that all applicants for employment are treated equally and consistently;
  • Ensure that no job applicant will be discriminated against on the basis of his or her race, colour, nationality, ethnicity, national origin, religion, or religious belief, sex or sexual orientation, marital status, disability, or age;
  • Maintain compliance with all relevant legislation, recommendations, and guidelines, including the statutory guidance published by the Department for Education (DfE) Keeping Children Safe in Education (KCSIE), the Prevent Duty for England and Wales, and any guidance or code of practice published by the Disclosure and Barring Service (DBS);
  • In order to ensure that the LSET meets its commitment to safeguarding and promoting the welfare of children and young people, all necessary pre-employment checks must be conducted.

It is the responsibility of all employees involved in the hiring and selection of staff to familiarise themselves with the provisions of this policy and to comply with them. All contracted staff are subject to the policy, whether they are employed or provide services; special provisions are provided for supply staff, volunteers, visitors, and contractors.

Recruitment and selection procedure

An application form will be required of all applicants for employment containing questions regarding their academic background, employment history, and suitability for the position. Applications that are incomplete will be returned to the applicant where the deadline for completing the application has not passed. It is not acceptable to substitute a curriculum vitae for a completed application form.

The job description and person specification for the role applied for will be provided to the applicant. Applications, job descriptions, person specifications, and LSET’s Child Protection and Safeguarding Policy and Procedures can be downloaded from LSET’s website and sent to applicants upon request.

It is LSET’s policy to contact potential candidates by telephone in order to determine whether they are suitable and to investigate any gaps or inconsistencies in their background. Following the screening process, the applicant may be invited to participate in a formal interview where his or her relevant skills and experience will be discussed in greater detail.

2.1 Interview

Interviews will be held face to face with a senior member of staff who has been trained regularly in safer recruitment practices.

Compulsory documents for interview

In order to qualify for an interview with the LSET, candidates must bring the following items:

  • A current driving license with a photograph or a passport or birth certificate;
  • A utility bill or financial statement issued within the last three months indicating the candidate’s current address and name;
  • If applicable, any documentation demonstrating the change of name;
  • The candidate must provide proof of his or her eligibility to work and reside in the United Kingdom if they are not a British citizen.
  • Documents confirming educational and professional qualifications relevant to the position.
  • It is important to note that originals are required for the above documents. It is not sufficient to have photocopies or certified copies.

Prior to an interview, we aim to obtain verbal or written references from the candidate.

In the event that a candidate with a disability is invited to interview, he or she should inform the LSET of any necessary reasonable adjustments or arrangements to enable them to attend the interview.

2.2 Conditional offer of appointment: pre-appointment checks

An offer will be made to a successful candidate only if the following conditions are met:

  • Receive at least two satisfactory references that speak to the prospective employee’s suitability to work. It is not possible to begin work until these documents are received;
  • Verification of identity;
  • Verification of qualifications;
  • Evidence of the right to work in the UK, where appropriate;
  • A satisfactory enhanced DBS check;
  • A check of the Barred List maintained by the Teaching Regulation Agency, where appropriate;

It is necessary for a candidate to be employed as a teacher to be checked to ensure that they do not have a prohibition order issued by the Secretary of State for Education prohibiting them from teaching. In the event that the applicant has taught outside the United Kingdom in the last five years, the LSET will request confirmation from the relevant authorities and referees that the candidate has not been subject to any prohibition orders in any of the countries in which he or she taught.
Verification of professional qualifications, where appropriate;
Those who claim to have obtained Qualified Teaching Status (QTS) must provide verification;
A successful candidate may be required to submit such checks and confirmations as the LSET may deem appropriate in order to consider any relevant events that occurred outside the UK. In accordance with the NSPCC’s guidance, the LSET will conduct an overseas check for candidates who have lived or worked outside of the United Kingdom for 3 months or more in the previous five years. The government website provides information regarding the appropriate agencies in various countries: ‘applying for criminal records checks for someone who has worked outside the UK’, or the Teaching Regulation Agency employer access system.
Satisfactory medical fitness;

2.3 Prevent duty

LSET is required by section 26 of the Counter-Terrorism and Security Act 2015 to take into account the need to prevent people from becoming involved in terrorism. It is known as the Prevent duty. It is the responsibility of institutions to assess the risk of children being drawn into terrorism, including supporting extremist ideas that constitute part of terrorist ideologies. In accordance with this, when an offer is made, a Prevent duty risk assessment will be conducted as part of the recruitment process.

Applicants who are successful should be aware they are required to inform the LSET immediately if there are any reasons why they should not be working with children.

Medical fitness

In the interest of creating a safe and conducive learning environment, all employees of LSET are required to maintain a level of medical fitness essential for performing their duties. At the company’s discretion, employees may be requested to undergo a medical examination to assess their ability to fulfil job responsibilities effectively. Any health condition that may impact an employee’s performance or pose a risk to themselves or others will be addressed through a confidential and reasonable accommodation process, ensuring compliance with applicable laws and regulations.

Pre-employment checks

During the pre-employment process, all prospective employees are subjected to a number of checks by the LSET.

As part of its evaluation process, the LSET will make use of any and all resources available to determine whether a candidate is qualified to fill the position to which they have applied. Social media and Internet searches may be included in this process.

A Single Central Record (SCR) is maintained by the LSET, which contains a record of the results of each of these pre-employment checks performed on teachers, supply staff, volunteers, contractors, and self-employed individuals.

4.1 Verification of identity and address

Applicants who are invited to an interview are required to bring with them proof of identity, right to work in the UK, address, and qualifications, as outlined below and in Appendix 1 (these requirements comply with DBS identity checking guidelines):

  • one document from Group 1; and
  • two further documents from either of Group 1, Group 2a or Group 2b, one of which must verify the applicant’s current address; and
  • original documents confirming any educational and professional qualifications referred to in their application form.
  • A person who claims to have changed his/her name by deed poll or any other method (e.g. marriage, adoption, statutory declaration) will be required to provide documentary evidence of the change.

According to the Guidance, LSET requests the date of birth of all applicants (and proof of this). In order for LSET to verify the identity of all applicants, and check for any unexplained discrepancies in their employment and education histories, proof of their date of birth is required. The LSET does not discriminate against applicants based on their age.

4.2 References

LSET will require a minimum of two satisfactory references before making an offer of employment. The applicant must provide at least one reference from his or her current or most recent employer. The referees should not be relatives or friends of the applicant.

Prior to any offer of employment, no questions will be asked regarding health or medical fitness.

Each referee will be asked whether they believe the applicant is suitable for the position for which he or she has applied. Referees will receive a copy of the job description and person specification for the position for which the applicant has applied. Referees who are current or former employers will also be asked to confirm the following:

  • Information regarding the applicant's date of employment, salary, job title or responsibilities, the reason for leaving, performance, sickness* and disciplinary history;
  • Whether the applicant has ever been subject to disciplinary procedures involving issues related to the safety and welfare of young people, unless they were found to be the result of false, unsubstantiated, unfounded or malicious allegations;
  • Whether the candidate has expressed any concerns about the Prevention of Terrorism Act and that they oppose any form of extremism or terrorism.
  • Questions about health or sickness records will only be included in reference requests sent out after the offer of employment has been made.

References provided by applicants or open references will not be accepted by LSET and only references obtained directly from the referee will be accepted.

All references will be compared with any information provided on the application form by the LSET. The applicant and the referee will be contacted if there are any discrepancies or inconsistencies in the information. Each reference will be verified by the LSET. When electronic references are received, the LSET will ensure that they originate from a legitimate source.

4.3 Criminal records check

The LSET may request an enhanced disclosure from the DBS in respect of all prospective staff members, contractors, supply teachers, self-employed workers and volunteers involved in ‘regulated activity’.

LSET applies for an enhanced disclosure from the DBS and checks the Children’s Barred List for all positions at the LSET that constitute ‘regulated activity’ as defined in the Safeguarding Vulnerable Groups Act. A position held at, or on behalf of, the LSET (whether paid or unpaid) will constitute ‘regulated activity’ if it involves the following:

  • Frequently, meaning once a week or more; or
  • Overnight, meaning between 2.00 am and 6.00 am; or
  • Satisfies the ‘period condition’, meaning four times or more in a 30 day period; and
  • Provides the opportunity for contact with young people.

Almost all positions at LSET will be covered by this definition. Exceptions may include temporary administrative positions held at LSET’s office outside of term time. Based on all relevant circumstances, the LSET is responsible for determining whether a role is considered to be a ‘regulated activity’.

DBS disclosure certificates are now issued only to the subject of the check, rather than to LSET. LSET requires that the applicant provide the original disclosure certificate within two weeks of receiving it. It is not recommended to send original certificates by mail. After receiving the certificate, a convenient time and date should be arranged with the Head of Administration. Applicants who are unable to attend LSET to submit their disclosure certificate must submit a certified copy by post or email within two weeks of receiving their disclosure certificate. The Head of Administration must receive certified copies of all documents. Even if a certified copy is sent, the original disclosure certificate must be provided on the first working day. In order for employment to be granted, the original certificate must be provided and approved by LSET.

In the event that a DBS disclosure is delayed, the Principal Instructor has discretion to allow an individual to begin working pending the receipt of the disclosure. It will only be allowed after all other checks have been completed, including a clear check of the Children’s Barred List (where the position amounts to regulated activity) and after appropriate supervision has been set up.

For applicants who have lived overseas for a period of more than 16 years and have had little or no previous residence in the United Kingdom, DBS checks will still be required. Furthermore, these applicants will be asked to provide additional information, such as a criminal record check or a certificate of good conduct from the relevant jurisdiction(s). You may obtain guidance from the Home Office regarding the relevant authorities. It is the candidate’s responsibility to initiate such a request, as the LSET may not request such checks.

It is essential that the results of these checks prove satisfactory. In the event that such checks are not possible, the LSET will employ other procedures and checks to ensure the candidate’s probity.

Staff joining the LSET from another institution in England where they have been engaged in regulated activity bringing them into regular contact with young people may begin employment without another enhanced DBS check if the gap in employment is less than three months. They must, however, provide a copy of their existing DBS and will undergo all other pre-employment checks, including an inquiry into barred lists.

DBS Update Service

An applicant who subscribes to the DBS Update Service must consent to the LSET checking that no changes have been made to the disclosure certificate since it was issued. Despite this, a check of the barred list will still be required.

If disclosure is delayed

Under controlled conditions, a short period of work may be permitted at the discretion of the Principal Instructor. The Principal Instrutor may, however, permit the member of staff to begin work if an ‘enhanced disclosure’ is delayed:

  • Once the barred list has been verified if the individual is to work in regulated activity, and all other pertinent checks (including any prohibition checks) have been completed;
  • Without confirming the appointment;
  • As long as the DBS application has been submitted in advance;
  • As long as appropriate safeguards are taken (for example, loose supervision);
  • The Principal Instructor or a senior member of staff reviews safeguards at least every two weeks.
  • It is explained to the person in question what these safeguards are; and
  • It is recommended, but not a requirement, that a note be added to the single central register and evidence of the measures taken be kept.
  • LSET is prohibited from employing anyone who is barred from engaging in regulated activities.

4.4 Seasonal staff

The LSET employs some staff only during specific periods of the year, for example, after the announcement of exam results or during the Easter Revision course. When such employees first join, they are subject to the usual employment checks. Considering that they may have a gap in employment of over three months, it is necessary to update their medical fitness and employment history and to register with the DBS updating service in order to ensure that the DBS information is up-to-date.

4.5 Contractors and supply agency staff

The LSET requires contractors to complete the same checks for their employees as the LSET is required to perform for its own employees. The LSET requires confirmation that these checks have been completed before contractors can begin working at the LSET, and will verify the contractor’s enhanced DBS and identity upon arrival. Contractors without a DBS who are likely to come into contact with children will be supervised at all times.

It is required that agencies that provide staff to LSET complete the same pre-employment checks that LSET would otherwise conduct on its own employees. These include identification, enhanced DBS disclosure, right to work in the UK, barred list status, qualifications, as appropriate, and overseas checks, as necessary. A copy of the employee’s identity and DBS must be presented upon arrival at the workplace. Prior to starting work at the LSET, an individual must provide confirmation that these checks have been completed. In accordance with section 4.1 above, LSET will independently verify the identity of staff provided by contractors or agencies.

4.6 Visiting professionals, volunteers

In addition to ensuring that they have enhanced DBS clearance prior to arrival, the LSET will also perform a barred list check (list 99) on them if they are likely to come into contact with children. Upon arrival, the LSET will verify the identity of the individual. An unchecked volunteer or visiting professional will not be permitted to have unsupervised contact with children under any circumstances.

4.7 Visitors

LSET does not have the authority to request DBS clearance for visitors; however, it ensures that all guests sign in, wear appropriate lanyards, and are supervised during their visit.

Policy on recruitment of ex-offenders

5.1 Background

The LSET will not discriminate unfairly against any applicant for employment based on a conviction or other information revealed in their application. The LSET makes appointment decisions based on merit and ability. In the event that an applicant has a criminal record, this will not automatically preclude him or her from employment within the LSET. Instead, each case will be evaluated on its own merits according to the objective assessment criteria outlined in paragraph 6.2.

The Rehabilitation of Offenders Act 1974 does not apply to any positions within the LSET. Applicants must disclose all previous convictions and cautions, including those that would normally be considered ‘spent’ except for those that are subject to the DBS filtering rules (see paragraph 4.3 above). The failure to disclose a previous conviction (which should be declared) may result in an application being rejected or, if the failure to disclose is discovered after employment has begun, it may result in a summary dismissal for gross misconduct. A failure to disclose a previous conviction may also constitute a criminal offense.

The employment of any person who is prohibited from working with children is unlawful for LSET. Attempting to apply for a job at the LSET while prohibited from working with children is a criminal offense. The LSET will notify the police and / or the DBS if:

  • An application is received from a person who is barred;
  • The applicant provides false information in or in support of his or her application;
  • There are serious concerns regarding the suitability of an applicant for working with children.

5.2 Assessment criteria

LSET will consider the following factors before reaching a recruitment decision if relevant information (whether in relation to previous convictions or otherwise) is volunteered by an applicant during the recruitment process or obtained through a disclosure check:

  • The relevance of any conviction or other matter revealed to the position;
  • The seriousness of any offence or other matter;
  • Time since the offence or other matter occurred;
  • Whether or not the applicant has a pattern of offending behavior;
  • whether the applicant’s circumstances have changed since the offending behaviour or other relevant matters; and
  • The circumstances surrounding the offence and the explanation(s) offered by the person convicted.

The LSET considers it a high risk to employ anyone who has been convicted of any of the following offences at any time if the position involves regular contact with children:

  • murder, manslaughter, rape, other serious sexual offences, grievous bodily harm or other serious acts of violence; or
  • serious class A drug related offences, robbery, burglary, theft, deception or fraud.

If the position involves access to money or budget responsibilities, LSET considers it high risk to hire anyone who has ever been convicted of robbery, burglary, theft, deception, or fraud.

A drink-driving conviction within the last ten years is considered a high risk by LSET if the post involves some driving responsibilities.

5.3 Assessment procedure

LSET will conduct a risk assessment based on the criteria outlined above if relevant information (whether related to previous convictions or otherwise) is volunteered by an applicant during the recruitment process or obtained through a disclosure check. Before a position is offered or confirmed, the Principal or Head of Administration must sign the assessment form.

If an applicant wishes to dispute any information contained in a disclosure, he or she may contact the DBS directly. LSET will, where practicable and at its discretion, defer a final decision about the appointment until the applicant has had a reasonable opportunity to challenge the disclosure information where an applicant would otherwise be offered a position.

Retention and security of disclosure information

Although LSET has a policy to observe the guidance issued or supported by the DBS on the use of disclosure information, it is not obliged to do so.

In particular, LSET will:

Store disclosure information and other confidential documents issued by the DBS in locked, non-portable storage containers, to which only LSET’s senior leadership team has access;
Keep disclosure information and any associated correspondence no longer than necessary, and for a maximum of six months. The LSET will maintain a record of the date of disclosure, the name of the subject, the type of disclosure, the position in question, the unique number assigned by the DBS, and the recruitment decision;
Ensure that any disclosure information is destroyed in a secure manner, such as by shredding; and
No disclosure information may be photocopied or scanned.

6.1 Retention of information

LSETs are legally obligated to conduct all pre-employment checks described earlier in this document. Recruitment information is stored electronically with access restricted to a few members of the LSET, using a robust, secure password system and firewall to prevent unauthorised access, or in secure, lockable filing cabinets with highly restricted access. These records will be retained by the LSET for successful applicants, but will be destroyed for unsuccessful applicants.

6.2 Single Central Record

The Single Central Record will include a record of all current staff members at the LSET, the proprietorial body, and all individuals who work in regular contact with children, including volunteers, supply staff, and third parties.

Whistleblowing

Whistleblower training is provided to all staff to encourage them to report any behavior that gives rise to concerns related to safeguarding.

7.1 Reporting to DBS and Teaching Regulations Agency (TRA)

In the event that an employee is dismissed for violating safeguarding guidance or legislation, the LSET is required to report this to the DBS and TRA. The LSET is required to notify these agencies if an employee leaves the company due to allegations of safeguarding violations, or if, following retirement, it is discovered that there are safeguarding concerns regarding the employee.

Responsibilities

In order to ensure safer recruiting, the Principal Instructor is responsible for ensuring that all applicants are treated equally, fairly, and without prejudice.

Before employment begins, the Head of Administration is responsible for ensuring that all documentation and information related to pre-employment checks is properly secured. Supply teachers are included in this process.

Furthermore, they ensure that this information is properly entered into the Single Central Record, stored securely, and, if necessary, destroyed securely. Whistleblowing is the responsibility of every member of staff.

The Manager for Premises is responsible for ensuring that all contractors have completed all necessary pre-employment screenings.

Group 1: primary trusted identity credentials

  • current valid passport
  • biometric residence permit (UK)
  • current driving licence (full or provisional) (UK / Isle of Man / Channel Islands; photo card with the associated counterpart licence; except Jersey)
  • birth certificate (UK & Channel Islands) – issued at the time of birth (within 42 days of date of birth);
  • Full or short form acceptable including those issued by UK authorities overseas, such as Embassies, High Commissions and HM Forces
  • Group 2a: trusted government / state issued documents
  • current UK driving licence (old style paper version)
  • current non-UK driving licence (valid for up to 12 months from the date the applicant entered the UK)
  • birth certificate (UK and Channel Islands) – issued at any time after the date of birth by the General
  • Registrar Office / relevant authority i.e. Registrars)
  • marriage / civil partnership certificate (UK and Channel Islands)
  • adoption certificate (UK and Channel Islands)
  • HM Forces ID card (UK)
  • fire arms licence (UK and Channel Islands)
  • Group 2b: Financial / social history documents
  • mortgage statement (UK or EEA)
  • bank / building society statement (UK and Channel Islands or EEA)
  • bank / building society account opening confirmation letter (UK)
  • credit card statement (UK or EEA)
  • financial statement – e.g. pension, endowment, ISA (UK)
  • P45 / P60 statement (UK and Channel Islands)
  • council tax statement (UK and Channel Islands)
  • work permit / visa (UK) (UK Residence Permit)
  • letter of sponsorship from future employment provider (non UK / non EEA only valid for applicants residing outside the UK at the time of application)
  • utility bill (UK) – not mobile telephone
  • benefit statement – e.g. child benefit, pension
    a document from central / local government/ government agency / local authority giving entitlement (UK and Channel Islands) – e.g. from the Department for Work and Pension, the Employment Service , HM Revenue & Customs (HMRC), Job Centre, Job Centre Plus, Social Security
  • EU national ID card
  • cards carrying the PASS accreditation logo (UK)
  • letter from Head or LSET Principal (UK) for 16-19 year olds in full time education. This is only used in exceptional circumstances if other documents cannot be provided.