Chapter Q: Safe Employment Good Practice Guidance |
Endorsed by Peterborough Safeguarding Children Board July 2008 and revised February 2009. This guidance will continue to be monitored and reviewed by the PSCB as required.
This chapter was updated in January 2011 to include up to date information about the Independent Safeguarding Authority and the Vetting and Barring Scheme.
Contents
1. Introduction and Context
Working Together Chapter 3 Para 3.24 (iii) states that one of a Local Safeguarding Children Board functions under the heading of Recruitment and supervision of people who work with children is to
"establish effective policies and procedures, based on national guidance, for checking the suitability of people applying for work with children, and ensuring that the children's workforce is properly supervised, with any concerns acted on appropriately"
This is further expanded upon in the Department of Children Schools and Families document Safeguarding Children and Safer Recruitment in Education January 2007 which contains further advice and guidance which although written for education settings identifies key principles of good practice which are transferable across the children's workforce.
The National Network of Allegations Management Advisers have produced a Self Assessment Tool for LSCBs to evaluate Safe Recruitment Policy and Practice within their member agencies and recommend that this tool is used at least yearly in consultation with local HR providers.
PSCB has a working group dedicated to Safer Employment and this guidance has been prepared in consultation with this group and is endorsed by the Policy Practice and Procedures Group.
The Bichard Report is also a key document and has made a number of recommendations pertinent to safe employment. There is now a requirement that all panels appointing to posts where staff are working with children should have at least one member who has been specifically trained in safe recruitment issues. This training has been available on-line by the National College of School Leadership (NSCL) and also in a face to face training session again provided by the NCSL. Both types of training include an assessment and successful participants are awarded a certificate. Ofsted are requesting sight of these certificates as part of their inspection process. Initially the training in Peterborough has been prioritised in education settings as recommended in the Bichard Report but it will become more widely available as from Easter 2008.
The scope of the problem
For those agencies whose job it is to protect children and vulnerable people, the harsh reality is that if a sufficiently devious person is determined to seek out opportunities to work their evil, no one can guarantee that they will be stopped. Our task is to make it as difficult as possible for them to succeed..." Bichard Inquiry Report 2004 p12 para 79 |
Some understanding of offending behaviour has been found to be helpful in supporting safe recruitment practice and to explain the need for ongoing vigilance.
An estimated 3,000 allegations of abuse are made against staff in maintained schools each year comprising
- 66% physical abuse
- 15% sexual abuse,
- 15% inappropriate behaviour.
In 2003 police reported to DfES
- 52 cases of school staff convicted or cautioned for sexual offences against children under 16;
- 63 cases of staff convicted or cautioned for offences involving child pornography;
- 16 cases of staff convicted or cautioned for offences of physical assault on children.
In 2005 2,416 people were reported to DfES to consider including them on List 99 or the PoCA List and 525 people were added to one or other of the lists1
What makes a person unsuitable to work with children?
- Although there is a tendency to concentrate on sexual offending and clearly this is a major concern it is important to recognise other characteristics which make someone unsuitable to work with children. These include
- Poor impulse control
- Dislike of children/young people
- Unresolved authority issues -- bullying!
- Poor at managing conflict
- Lack of self-awareness - unresolved personal issues -neediness, dependency, maverick behaviour
- Poor boundaries around their conduct
- Lack of a work/life balance
- Lack of a social support network
- Radical religious or political views
Further guidance on unsuitability can be found in Appendix F: Unsuitable Adults - Guidance for Employers when Considering the Behaviour of Adults Towards Children.
The most likely victims of professional abuse are those
- With unsettled lives / in trouble
- With identified behavioural or emotional problems at school
- Separated from parents
- Previously abused
- Insecure / low self esteem
- Isolated socially or geographically
- Have disabilities or SEN
Common features of professional perpetrators
A study by Sullivan and Beech in 2004 showed that 41 out of the 305 residents in the Wolvercote Clinic had abused children in the context of a paid or voluntary role (Sullivan and Beech, 2004). Other significant factors were that
- 92.5% were aware of their interest by the age of 21
- 67.5% had offended by age 21
- 15% chose their career solely to offend
- 41.5% said it was 'part of their motivation'
- 77.5% arranged meetings outside work for offences
- 67.5% took children away overnight
- Average of 49 admitted victims
- 41.9% had reputations as 'touchy', 'pervy
The following strategies to gain a victim's trust have been identified
- Spending lots of time with them - 95%
- Non sexual touching - 91%
- Sharing personal information - 78%
- Telling them they're special - 70%
- Treating them like adults - 70%
- Playing with them - 70%
- Saying loving and caring things - 65%
- Giving special rewards/privileges - 43%
- Talking like you were their age - 35%
These statistics are taken from the NCSL Safe Recruitment Pack.
2. Key Principles of Safe Employment Practice
The following principles are taken from national guidance as referred to in Section 1 and can be divided into two main categories - pre-employment and post employment standards.
All of these standards apply equally to volunteers. Member agencies should also ensure that appropriate procedures are used when supply, agency staff or contractors are used.
3. Pre Employment Standards
Recruitment
Each member organisation should have a recruitment and selection policy statement which complies with local and national guidance. The policy should incorporate a clear statement on the organisation's commitment to safeguarding and this should be included in all publicity materials, advertisements and candidate information packs.
Managers with recruitment responsibilities should receive recruitment training to include the importance of a safeguarding focus and be clear about possible disciplinary action if safeguarding responsibilities are not complied with.
Job descriptions and person specifications should be regularly reviewed and safeguarding responsibilities within the role should be clearly stated together with the requirement and level of a CRB check.
Employers should use an application form to obtain a common set of core data from all applicants. It is not good practice to accept CVs. Full employment history and academic and vocational qualifications are also a requirement. It is also recommended that the application form should remind the applicant that giving any false information is an offence and could result in the application being rejected. If the applicant is selected he or she could be the subject of disciplinary proceedings, dismissed for gross misconduct and possibly referred to the police
References
Extract from Safeguarding Children and Safer Recruitment in Education January 2007 Paragraph 4.30.
The PSCB recommends that a reference request form should be used to ensure that specific questions are asked about any past event or behaviour that might give rise to concern and any previous allegations investigations or disciplinary action. These include any disciplinary offences for which the penalty may have expired. An example of such a form can be found at Appendix A: Peterborough City Council Reference Form.
There should be at least one reference from a previous employer preferably in a working with children context. If a referee is not able to give the required level of information the applicant should be asked to nominate someone else Open references should never be accepted and the identity of referees should be confirmed by telephone.
References should be requested and scrutinised by at least one panel member before the interview to enable any inconsistencies or doubts about suitability to be followed up with the referee and/or discussed at interview with the applicant. If the referee is contacted for any further clarification he or she should be asked to confirm the discussion in writing.
Short-listing
All candidates should be assessed equally against the criteria contained in the person specification without exception or variation. If a candidate claims to have some specific qualification or previous experience relevant to the post this can usually be verified quickly by telephoning the relevant employer and asking for written confirmation of the facts
Selection tools
There are a number of selection tools which may be used as part of a selection process. These include
- Interviews
- Role plays
- Presentations
- Group exercises
- Written exercises
- Aptitude/ability tests
- Job trials
It is good practice to involve children and young people in some way and to observe short listed candidates interaction with them.
Interviews
Interviews should always be face to face even if there is only one candidate. They should comprise of an agreed framework of questions for all candidates. However supplementary questions should be asked to explore information on application form including gaps in employment and to compare information provided by the referee/s with information provided by applicant. There should be at least two interviewers, at least one of whom has received safeguarding training. The candidate should also be given the opportunity to self disclose any issues which might later be included in the CRB check.
Notes of the interview should be made and retained for six months and then destroyed. The successful candidate's interview notes should be retained indefinitely.
Personal interviewing aka Warner interviewing
These personal interviews have typically been used in residential social care settings following the Warner Report into Children's Homes in 1992. They are especially relevant in specific posts - see Appendix B for posts where these interviews are recommended.
Warner interviews are a preliminary interview conducted prior to the main interview to ask 'probing questions re: personal life, attitudes and motivation to establish a fuller picture and to assess suitability for working with children, young people and vulnerable adults' They are a one to one interview with another additional person to make a full record. The Warner interviewer should not be part of the main interview panel. Careful training for the Warner interviewer is essential as special skills are required. Any concerns should then be fed back to the main interview panel to enable them to ask for further clarification or to inform the appointment decision.
If a separate Warner interview is not relevant, it is still possible to include some "Warner type" questions as part of a general interview. Further guidance on this is included in the specialist recruitment training referred to in the introduction.
Areas of potential concern
- Whilst not an exclusive list the following issues would be of concern
- No understanding or appreciation of children's needs or expectations
- Wanting role to meet own needs at the expense of children's
- Inappropriate language when talking about children
- Unclear boundaries with children
- Vagueness about experiences and gaps or unable to provide any examples to support what the applicant says
- Maverick - non rule following, unwilling to work with others
Pre-appointment checks
Extract from Safeguarding Children and Safer Recruitment in Education January 2007 Chapter 4.
Once an appointment decision has been reached there are a number of pre appointment checks which need to be made. The appointment offer must be subject to these checks being satisfactorily completed
- Receipt of at least two satisfactory references
- Verification of the candidate's identity and qualifications if not verified at interview. Original documents with photographic identity should be provided rather than photocopies
- Criminal Record Bureau Check (which includes a check of the Independent Safeguarding Authority's Barred List)
- Professional status e.g. registration with any required professional body
- Health and sickness record/medical fitness
- Right to work in the UK
Banned Persons
A number of people are banned from working with children. These are People on the Independent Safeguarding Authority's Barred List. A CRB check will show if a person is banned under any of these provisions
CRB checks must be completed on overseas applicants. Criminal records information from countries where applicants have worked or lived should also be sought. (Para 4.7)
All checks should be confirmed in writing and documented and retained on the personnel file. In addition schools and other FE institutions are required to keep a single central record on pre-employment checks
Criminal records disclosures
These can only be undertaken through a registered body and on the person selected for appointment and with that person's consent. It is important to note that CRB checks are not portable - a fresh check is required for each new employment as where an enhanced check has been done, soft information relating to a concern which did not result in a caution or conviction is only provided to the body requesting the check
No newly appointed employee should be permitted to work with children without documented evidence of a clear check or documented risk assessment approved by a manager while the outcome of the check is awaited - see appendix E for an example of a risk assessment template
Posts which involve the handling of sensitive information may also carry a requirement for CRB checking
The Vetting and Barring Scheme
The Safeguarding Vulnerable Groups Act 2006 enabled the introduction of a Vetting and Barring Scheme as from October 2009. Although the scheme is still in the process of development (and is currently the subject of review by the Coalition Government), the following is a summary of what has been implemented so far:
- The term 'employers' refers to employers and managers of volunteers
- The term employees refers to both paid and unpaid work/activities
- Certain activities are known as regulated activities
- involves contact with children or vulnerable adults
- is of a specified nature such as - teaching training care supervision advice treatment or transport
- occurs frequently, intensively or overnight
- in a specified place such as school or care home
- fostering and childcare
- certain defined position of responsibility e.g. school governor trustee of charity, director of social services
- A barred person may not undertake a regulated activity
- An employer may not employ in a regulated activity a barred person and will commit a criminal offence if they fail to check the status of an applicant
- Certain activities are known as controlled activities
- ancillary support work in general health, NHS, adult social care and FE settings (three or more days in a 30 day period)
- those working with frequent access to sensitive records
- Employers are required to check the status of those employed in controlled activity
- They can still be employed providing sufficient safeguards have been put in place
- Employers have a duty to refer relevant information to the Independent Safeguarding Authority (ISA)
- The Criminal Records Bureau will provide the administrative arm to the ISA
- CRB checks will still be a requirement for most posts
- The ISA will be independent and undertake barring decisions previously made by the Secretary of State
Post Employment Standards
Member organisations should ensure that all staff including those who have access to sensitive information have
- safeguarding training
- appropriate induction periods
- continuing supervision and support.
- opportunities to update and refresh training
Additional requirements include
- a safe working culture for the mutual benefit of adults and children
- well publicised and implemented whistle blowing procedures and complaints procedures for service users
- ongoing quality assurance and monitoring systems
- regular formal internal audits
Features of a safe working culture
Each member organisation should be able to demonstrate its commitment to children and their welfare at the heart of the work of each organisation
All staff should have at least a basic awareness of safeguarding and abuse, including knowledge of the grooming process -understanding that abusers are often not easily identifiable!
There should be widespread recognition that unsuitable applicants can be deterred by rigorous recruitment processes
The work context should provide minimal opportunities for abuse with inappropriate behaviours being discussed or challenged at the earliest opportunity
The organisation should promote an open and transparent culture -with positive role modelling
Workers must take individual responsibility for their conduct and avoid any which would lead a 'reasonable person' to question their behaviour
There should also be clear, well-publicised procedures and guidance on
- how to report concerns - see Appendix C: Child Protection Whistle Blowing Policy
- required standards of professional conduct - see Appendix D: Guidance for Safer Working Practice for Adults who Work with Children and Young People
- allegations management - see below and Allegations against Staff, carers and Volunteers Procedure
Important points to note in allegations management
- each member organisation must have clear procedures for reporting allegations
- organisations must not investigate concerns themselves but should consult with the Local Authority Designated Officer (01733 863654)
- member organisations representative will attend complex strategy meeting to agree further action and what information can be shared
- suspension is not an automatic response to an allegation but will be considered at the complex strategy meeting
- the allegation process must be completed with referral to any relevant professional bodies as appropriate
- no compromise agreements should be entered into as these can allow the member of staff to enter into another employment without any previous concerns being retained on record
Remaining vigilant
NCSL Safe Recruitment Training Pack Session 4 |
Appendix A: Peterborough City Council Reference Form
References provided will be treated in confidence. Please return marked 'Private & Confidential' to: Human Resources Assistant, Strategic Resources, Peterborough City Council, Bayard Place, Broadway, Peterborough, PE1 1FF.
Please note you have a responsibility to ensure the information provided is accurate and does not contain any material misstatement or omission. Please continue on a separate sheet if necessary.
Click here to view Reference Form
Appendix B: Criteria for Personal (aka Warner) Interviewing
Personal interviews, also known as Warner interviews, have typically been used, alongside the formal interview, in residential social care settings. The mandate for this type of interview came from 'Choosing with Care: The report of the Committee of Inquiry into Selection, Development and Management of Staff in Children's Homes' (Warner, 1992). According to Lord Warner, preliminary interviews can be seen as a 'less structured and more informal process than the final interview'. (Choosing with Care Chapter 4 Selecting Staff para 4.37)
Warner recommended that employers should undertake a 'preliminary interview' to ask questions that would probe candidates about their personal life, attitudes and motivations in order to establish a fuller picture of the character of the applicant and their suitability to work with the client group. Warner considered that any concerns about the infringement of equal opportunities on the grounds that different questions are asked of different candidates, are misplaced. He goes so far as to say that an employer could be considered to be negligent in not making use of a preliminary interview to explore sensitive personal issues to assess the suitability of a candidate to work with children. He goes on to propound that large interview panels are unsuited to undertaking such a task. Proper staff training for those undertaking preliminary interviews is essential.
| 'The aim should be to achieve a full and rounded picture of the candidate, providing more detailed and complete information than is possible with the traditional application form - interview system.' (Choosing With Care as above para 4.5) |
Warner recognised that the 'exploration of personal issues or spontaneous follow-up questions are seen as difficult by some employers, particularly local authorities' (Choosing with Care Chapter 4 Selecting Staff para. 4.3) Nevertheless it is important that questions are focussed around attitudes to control and punishment of children and the stability of the candidates' emotional and sexual relationships. The questions asked at a pre-interview session should be on a one-to-one basis with the interviewer and the candidate. Ideally, the process will also enable candidates to have a full understanding of the requirements of the post and its complexities.
The purpose of the preliminary interview is twofold: to explore questions which may have been raised by any of the early selection and recruitment processes such as the application form and/or references and to consider questions which are more difficult to address in the formal interview setting. For example, issues around sexual relationships should be included as part of this process so that the extent to which a candidate's character is strong enough to resist sexual temptation from children in their care is tested. It can also provide information about whether their sexual interests might cause them to pursue sexual relationships with children for their own gratification. As part of preliminary interview process, the emotional stability of the candidate as well as the stability of their sexual relationships will need to be explored. Motivation to work with children as well as attitudes to power and authority should also be looked into.
'...assessment of candidates should be capable of considering the ability to contribute to the social, emotional, physical and spiritual needs of children and ... the methods used should focus on the values of staff, their commitment to working within and contributing to a team, their ability to work with others, including parents, and their self-confidence as people.' (Choosing with Care, 1992, Chapter 4, Selecting Staff para. 4.2) |
Organisations that employ staff to work with children are best placed to determine who within their organisations should conduct such interviews. In order for the interviews to remain informal, they should be carried out by no more than two people. Written records of the interview should be made and shared with those making the final decision to appoint.
The following specific criteria should be applied when considering whether or not a particular post should carry a requirement for a personal or Warner interview:
- The post requires the post-holder to work with highly vulnerable children, for example:
- Looked After Children;
- Children who are at potential risk of significant harm;
- Disabled children (who may have intimate care needs)
- Children who are excluded from school
- Children who live away from home
- Sick children
- Posts where staff work with children in vulnerable situations and where they have sole care or responsibility for a child or group of children. For example:
- Staff who supervise children on activities away from home such as residential trips;
- Peripatetic professionals who work on a one to one basis with children without being supervised during such work
- Post-holders, who as part of their job description, will work with abusive images of children on the internet, e.g. Police officers who work in special units, auditors of IT systems, Police forensic computer examiners.
With acknowledgement to Mary Palazzo Safe Employment Adviser Cambs. County council
Appendix C: Child Protection Whistle Blowing Policy - Guidance for Employees
This guidance is written for all staff working with children and young people and should be read in conjunction with your organisation's Confidential Reporting Policy and Procedures.
Staff must acknowledge their individual responsibilities to bring matters of concern to the attention of senior management and/or relevant agencies. Although this can be difficult this is particularly important where the welfare of children may be at risk.
You may be the first to recognise that something is wrong but may not feel able to express your concerns out of a feeling that this would be disloyal to colleagues or you may fear harassment or victimisation; These feelings, however natural, must never result in a child or young person continuing to be unnecessarily at risk. Remember it is often the most vulnerable children or young person who is targeted. These children need someone like you to safeguard their welfare.
Don't think what if I'm wrong - think what if I'm right
Reasons for whistle blowing
Each individual has a responsibility for raising concerns about unacceptable practice or behaviour
- To prevent the problem worsening or widening
- To protect or reduce risks to others
- To prevent becoming implicated yourself
What stops people from whistle blowing
- Starting a chain of events which spirals
- Disrupting the work or project
- Fear of getting it wrong
- Fear of repercussions or damaging careers
- Fear of not being believed
How to raise a concern
- You should voice your concerns, suspicions or uneasiness as soon as you feel you can. The earlier a concern is expressed the easier and sooner it is possible for action to be taken
- Try to pinpoint what practice is concerning you and why
- Approach someone you trust and who you will believe will respond
- Make sure you get a satisfactory response - don't let matters rest
- Ideally you should put your concerns in writing.
- A member of staff is not expected to prove the truth of an allegation but you will need to demonstrate sufficient grounds for the concern.
"Any employee who suspects that a child is suffering significant harm or that a child or young person has abused another child/young person should report their concerns and seek advice from Referral and Assessment at Bayard Place. NSPCC or the Police" |
What happens next
- You should be given information on the nature and progress of any enquiries
- Your employer has a responsibility to protect you from harassment or victimisation
- No action will be taken against you if the concern proves to be unfounded and was raised in good faith.
- Malicious allegations may be considered as a disciplinary offence
Self reporting
There may be occasions where a member of staff has a personal difficulty maybe a physical or mental health problem, which they know to be impinging on their professional competence. Staff have a responsibility to discuss such a situation with their line manager so professional and personal support can be offered to the member of staff concerned.
Confidentiality cannot be guaranteed where personal difficulties raise concerns about the welfare or safety of children
Further advice and support
Full details of the Confidential Reporting Policy and Procedures are obtainable from your organisation's HR department
It is recognised that whistle blowing can be difficult and stressful. Advice and support is available from your line manager, the HR department and/or your professional or trade union.
"Absolutely without fail- challenge poor practice or performance. If you ignore or collude with poor practice it makes it harder to sound the alarm when things go wrong" With acknowledgement to Sounding the Alarm - Barnardos |
Appendix D: Guidance for Safer Working Practice for Adults who Work with Children and Young People
Appendix E: Risk Assessment
Risk assessment for employees for whom a valid CRB certificate has not been received at the time s/he is due to commence duties
This form is only for use in exceptional cases to request an exemption from the requirement to obtain a valid CRB certificate prior to appointing a member of staff to work with children. It should not be used as an alternative to submitting CRB forms at the earliest possible date. This form must be retained on the employee's personal file indefinitely.
| Post to be filled | |
| Date post became/becomes vacant | |
| Alternative arrangements for covering post if employee does not commence duties | |
| Date of interview | |
| Date CRB form submitted to HR department/personnel provider | |
| Has HR manager been asked to enquire on progress if more than 2 months have elapsed? | |
| Level of disclosure sought | |
| Name of current/last employer | |
| Length of service with current/last employer | |
| Has there been a break in employment since last employer? | |
| Has advice been sought from the Head of HR if there are any concerns about the employee's background? |
Please complete Line Manager's declaration overleaf
Line Manager's Declaration:
- I confirm that the CRB disclosure form completed by the applicant stated that there were no cautions or convictions
- I confirm that this post is essential to the provision of a statutory service which my establishment is bound to provide.
- I confirm that I have obtained references from at least one referee with recent and relevant knowledge of the employee and that I have followed up at least one reference orally. I am satisfied that the referee has no reservations as to the applicant's suitability to work with children and young people.
- I confirm that an appropriate check has been carried out (e.g. Independent Safeguarding Authority) and written confirmation received of satisfactory outcome.
- I confirm that medical clearance has been given for this appointment.
- I confirm that I will ensure appropriate levels of supervision and/or monitoring will be maintained at all times (for example, unplanned visits by senior staff to employee's work area and avoiding the person working alone with individual children).
- I confirm that the employee will not be given responsibility for high-risk activities e.g. the person will not be left in sole charge of a child/young person/vulnerable adult until appropriate CRB clearance arrives.
- I confirm that the established child protection procedures, standards and ethos of this establishment provides clear expectations of all staff in matters of child protection.
- I confirm that as part of the employee's induction, the above standards and expectations will be made clear.
- I have discussed the details of this appointment and assessed the potential risk(s) with my Authorised Manager (for schools=Chair of Governors) and a copy of the risk assessment is attached.
Signed
Name
Job Title
Organisation/Service
Date
Decision: Exemption endorsed / not endorsed
(please delete as appropriate)
Signed:.........................................................Date:..........................
Authorised Manager(i.e. Chief Executive and/or Deputy) or for schools, Chair of Governors
Appendix F: Unsuitable Adults - Guidance for Employers when Considering the Behaviour of Adults Towards Children
End