Recruitment, Selection and Vetting Policy

This Policy was prepared in February 2017. 
N.B., Policies included in this document were available as separate policies prior to this date.

This policy was reviewed and amended as follows:

Review Date:	Amendment:
February 2018	NA
July 2019	All sections updated. February 2018 version archived
March 2021	Overseas Checks updated. 2019 version archived
April 2021	Safeguarding updated. 2021 version archived
June 2021	Recruitment, Selection and Vetting Policy updated to include: Strike and Industrial Action
August 2022	Right to Work Checks 2 year work history included into referencing checks sections as well compliance with CCS framework. 10 year work history checked and any gaps explored. Amendment to the provisions allowed for strike Action Safeguarding lead changed to Peter Joseph Deputy Safeguarding changed to Poppy Stahelin
August 2023	Section 9 Qualification check to include ‘that a marriage or Divorce certificate is required should someone’s name as identified on their qualifications not match their name. Section 4 Additionally The CCS Framework requires that when checking original documents “…. retained copies must be dated and properly validated by electronic means or otherwise.” This allows for a digital record noting when an original document is scanned into our system.
April 2024

Recruitment, selection and Vetting Policy

Introduction
1 Overview: What is Compliance?
2 Content Order of Applicant Paper File
3 Right to Work Checks
4 References
5 DBS* 
6 Disqualification Under the Childcare Act 2006
7 Teacher Regulation Agency and professional bodies 
8 Overseas police checks 
9 Qualification certificate check
10 Medical Declaration and Fitness to Teach
11 Safeguarding
12 Rehabilitation of Offenders Act
13 Strike and Industrial Action 
14 Interviews and Registrations 

*N.B. It is important to note that all DBS checks are kept in secure files with restricted access.

Introduction

Stafflex is an employment business supplying temporary workers to work within the education sector.  The work seekers that we engage must pass thorough and robust vetting procedures before we can consider them for any placement or assignment with our clients and this policy sets out our commitment to comply with the highest standards at each stage of the recruitment process.

Our processes are compliant with relevant legislation and the Department for Education’s statutory guidance: Keeping Children Safe in Education. We ensure our temporary workers remain compliant throughout their time with Stafflex by undertaking the checks set out in this policy. 

We have processes in place whereby we obtain feedback from our clients once placements are made.

1. Compliance

Overview

Stafflex are committed to ensuring that all candidates that work in Education are fully vetted prior to placement within an Educational setting.  All Education candidates attend a face to face comprehensive interview to access their suitability for working in this sector before compliance begins. If an Industrial/Commercial applicant hasn’t worked for Stafflex for 6/12 months then a full re-registration should be undertaken. For Education candidates less time lapses before documentation and circumstance is rechecked. 

What is Compliance?
Compliancy is the procedure that verifies the identification of the applicant, and their suitability to work with children and vulnerable people. It is essential that the compliance procedure is followed and executed exactly. It is integral to the safeguarding policies employed by any organisation that has contact with children and vulnerable people.


2. Content Order of the Applicant Paper File

• CV
• Application forms- interview notes, registration form, candidate questionnaire/assessment
• Identification copies
• Certificates
• References

3. Right to Work Checks

Permission to work
You must not supply an individual unless you have obtained confirmation of any authorisations required for the role; eligibility to work in the UK is one of these authorisations. You must check the right to work documentation of all individuals you are going to supply, whether you believe them to be an UK national or not. This is separate to any identity check that is required and often requires different documentation (e.g. a driving licence will confirm an individual’s ID but not their right to work). 

Where you are introducing permanent work-seekers to work in roles that do not involve vulnerable people then you must not introduce or supply a work-seeker to a client unless they are made aware of any requirements imposed by law (such as a right to work in the UK) in order for the work-seeker to work in that position. Additionally, you must not introduce a work-seeker to a client where it would be 
detrimental to the interests of the work-seeker or the client for the work-seeker to work for the client – a detriment might include not knowing if the work-seeker requires a right to work.

Stafflex conducts right to work checks on every work seeker we intend to supply to our clients to comply with immigration and equality law. We will conduct a physical document check or an online check to establish a candidate's right to work. Where a right to work check is conducted using the online service, the information is provided in real-time, directly from Home Office systems and so there will be no requirement to see the documents listed below.
For physical document checks we follow the three-step process set out in the https://www.gov.uk/government/publications/right-to-work-checklist/employers-right-to-work-checklist-accessible-version.

• Step one:
We obtain the work seekers original documents. The work seeker must provide us with original documents from either List A or B of acceptable documents. We only accept original documents. Photocopies or electronic scans are not acceptable.

List A
1. A passport (current or expired) showing the holder is a British citizen or a citizen of the UK and Colonies having the right of abode in the UK.
2. A passport or passport card (in either case, whether current or expired) showing that the holder is an Irish citizen.
3. A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man, which has been verified as valid by the Home Office Employer Checking Service, showing that the holder has been granted unlimited leave to enter or remain under Appendix EU to the Jersey Immigration Rules, Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 or Appendix EU to the Isle of Man Immigration Rules.
4. A current passport endorsed to show that the holder is exempt from immigration control, is allowed to stay indefinitely in the UK, has the right of abode in the UK, or has no time limit on their stay in the UK.
5. A current Immigration Status Document issued by the Home Office to the holder with an endorsement indicating that the named person is allowed to stay indefinitely in the UK or has no time limit on their stay in the UK, together with an official document giving the person’s permanent National Insurance number and their name issued by a government agency or a previous employer.
6. A birth or adoption certificate issued in the UK, together with an official document giving the person’s permanent National Insurance number and their name issued by a government agency or a previous employer.
7. A birth or adoption certificate issued in the Channel Islands, the Isle of Man or Ireland, together with an official document giving the person’s permanent National Insurance number and their name issued by a government agency or a previous employer.
8. A certificate of registration or naturalisation as a British citizen, together with an official document giving the person’s permanent National Insurance number and their name issued by a government agency or a previous employer.

List B Group 1
1. A current passport endorsed to show that the holder is allowed to stay in the UK and is currently allowed to do the type of work in question.
2. A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man, which has been verified as valid by the Home Office Employer Checking Service, showing that the holder has been granted limited leave to enter or remain under Appendix EU to the Jersey Immigration Rules, Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 or Appendix EU to the Isle of Man Immigration Rules.
3. A current immigration status document containing a photograph issued by the Home Office to the holder with a valid endorsement indicating that the named person may stay in the UK, and is allowed to do the type of work in question, together with an official document giving the person’s permanent National Insurance number and their name issued by a government agency or a previous employer.

List B Group 2
1. A document issued by the Home Office showing that the holder has made an application for leave to enter or remain under Appendix EU to the immigration rules on or before 30 June 2021 together with a Positive Verification Notice from the Home Office Employer Checking Service.
2. A Certificate of Application (digital or non-digital) issued by the Home Office showing that the holder has made an application for leave to enter or remain under Appendix EU to the immigration rules (known as the EU Settlement Scheme), on or after 1 July 2021, together with a Positive Verification Notice from the Home Office Employer Checking Service.
3. A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man showing that the holder has made an application for leave to enter or remain under Appendix EU (J) to the Jersey Immigration Rules or Appendix EU to the immigration Rules (Bailiwick of Guernsey) Rules 2008, or Appendix EU to the Isle of Man Immigration Rules together with a Positive Verification Notice from the Home Office Employer Checking Service.
4. An Application Registration Card issued by the Home Office stating that the holder is permitted to take the employment in question, together with a Positive Verification Notice from the Home Office Employer Checking Service.
5. A Positive Verification Notice issued by the Home Office Employer Checking Service to the employer or prospective employer, which indicates that the named person may stay in the UK and is permitted to do the work in question.

• Step two:
We take steps to check that the document is genuine and valid and that the work seeker is the person named in the document and the rightful holder. 

For each document we complete the following checks:

• check any photographs are consistent with the appearance of the work seeker;
• check any dates of birth listed are consistent across documents and that we are satisfied that these correspond with the appearance of the work seeker;
• check that the expiry date for permission to be in the UK has not passed;
• check that the documents are valid and genuine, have not been tampered with and belong to the holder;
• any work restrictions to determine if they are allowed to do the type of work on offer (for students who have limited permission to work during term-times, you must also obtain, copy and retain details of their academic term and vacation times covering the duration of their period of study in the UK for which they will be employed)
• if given two documents which have different names, we ask for a further document to explain the reason for this. The further document could be a marriage certificate, a divorce decree absolute, a deed poll or a statutory declaration.

• Step three:
We make a copy of the relevant page/s of the document in a format which cannot be subsequently altered. This can include a photocopy or a scan or where we take an electronic copy, this will be in a non-rewritable format and endorse the copy with the name and date that the document was verified.

Where the work seeker has provided us with a passport, we will photocopy or scan the following: any page with the document expiry date, the holder’s nationality, date of birth, signature, leave expiry date, and any page containing information indicating that the holder has an entitlement to enter or remain in the UK and undertake the work in question.

For all other documents, we make a clear copy or scan of the document in full, including both sides of a Biometric Residence Permit and endorse the copy with the name and date that the document was verified.

All copies of documents taken will be kept securely for the duration of the work-seekers engagement with Stafflex.

Home Office online Right to Work Check
As of 6th April 2022 Biometric Residence Card (BRC), Biometric Residence Permit (BRP) and Frontier Worker Permit (FWP) are no longer accepted as proof of right to work in the UK. These holders and others with legitimate immigration status can provide evidence of their status through the Home Office online service . The Home Office online service supports checks for a range of individuals, depending on the type of immigration documentation they are issued with and this provides a statutory excuse against a civil penalty in the event of illegal working involving the subject of the check. This means we  cannot accept or check a physical BRC, BRP or FWP as proof of right to work.

For Home Office online Right to Work Checks we follow the three-step process set out in the https://www.gov.uk/government/publications/right-to-work-checklist/employers-right-to-work-checklist-accessible-version
1. Obtain the candidates date of birth and right to work share code and access https://www.gov.uk/view-right-to-work
2. Confirm that any photograph is of the candidate presenting for work
3. Retain a clear copy of the response provided by the online right to work check (storing that response securely, electronically or in hardcopy) for the duration of employment and for two years afterwards.

In addition to the above right to work documents, we also require the work seeker to provide us with two documents to confirm their identity and proof of address.  The type of documents that we accept are: driving licence, utility bill, bank statement, government document/letter which includes the work seekers national insurance number.
Copies of documents will be taken and noted with the date the documents were checked.  Copies will be kept securely for the duration of the work-seekers engagement with Stafflex and for at least 1 year after.  The copy will then be securely destroyed.

Face to face Registrations.

Whenever a candidate registers, an in-depth face to face interview takes place at the Stafflex office.  During the interview, original documentation needs be physically checked and photocopied.  All photocopies need to be signed and dated to verify that originals have been seen and that they are true copies of the original.

Applicants will need to bring the following documentation:

• Photo ID (Passport)*
• Proof of NI number
• Two proofs of address
• Change of name details if applicable, such as a Deed Poll, Divorce papers or Marriage Certificate
• DBS (registered with DBS update service, otherwise we will arrange for a new DBS to be applied for) 
• Qualification certificates
• CV or details of 10 year work history to be provided
• QTS/QTLS number (Employer Access/SET check can then be performed)
• International police checks (if applicable for overseas applicants) and or  sight of a letter of professional standing for those who have lived or worked abroad.
• Two professional referee details 

*If the applicant does not hold a current Passport we need to see a full original birth certificate as well as a UK Driving Licence.

4. References

Overview 
Under Regulation 22 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (and the terms of the Crown Commercial Service (CCS) Framework, you may not supply or introduce an individual to work with vulnerable adults or children unless you have taken all “reasonably practicable steps” to obtain two references from two non-family members. Furthermore the KEEPING CHILDREN SAFE IN EDUCATION guidance states that you should ensure that you have a reference to confirm details of last teaching post and reason for leaving if there has been a gap in their teaching career.

Stafflex’s Compliance with the Crown Commercial Services Supply Teachers and temporary Staff Agreement also provides assurance that Stafflex have ‘Ten year Employment History and a minimum of two Reference Checks covering the last two years, including the most recent or current employer where available and the most recent school-based employer where applicable’. Additionally, The CCS Framework requires that when checking original documents all retained copies must be dated and properly validated by electronic means or otherwise.  This allows for a digital record noting when an original document is scanned into our system. Stafflex currently utilizes a physically original documentation check and dated with an official company stamp. We also have the ability to use electronic document checks through a registered third party provider.

At Stafflex two written, professional references are needed before an applicant can be placed in an educational position. These help to confirm the dates that the applicant was employed, hopefully give an indication of the applicant’s qualities character, tasks undertaken and most importantly highlight any cause for concern e.g. safeguarding issues, disciplinary action. References must be from non-family members who give their consent for the reference to be forwarded to our clients. We will verify all references by contacting the referees directly, either by telephone or email.

Please be aware of the following:

• Two written references are needed
• The references must be professional references.
• References should be from the last two consecutive employers including current employer.
• No personal email address, as the references need to come from an authentic/validated source. 
• The reference must be specific to our request and not an open reference or testimony.

References from an agency

If a candidate names an agency as one of their referees, the reference should include:

• At least the days worked
• Details of any safeguarding issues if they are known 
  

If a candidate has only worked in one school then two references are required from the school e.g. one from the Head Teacher and one from the candidate’s line manager (Head of Department/Faculty etc.). If a poor reference is received, Stafflex would use their discretion whether to put a candidate forward. In that instance, the referee would be contacted and necessary points would be raised with the candidate in order to reach an informed decision. 

If a candidate is not currently working as a teacher, then Stafflex would request references from their current/most recent employer, and would seek a reference from their last teaching post. If the candidate has not taught, or worked in a school for a considerable period, Stafflex would check for relevant and recent CPD. I.e., back to teaching course, volunteering etc. 

Referencing Guidance
Candidates require 2 references each upon joining Stafflex Education to meet Safer Recruiter expectations as per DfE guidance. 

• Reference attempts must be made to include the following as a minimum (this may include sending 3 references if necessary):
  • The candidates last employer
  • The candidates last role in regulated activity
  • A post where the candidate has completed work in the capacity of the role they will be completing for Stafflex Education for 6 weeks or longer in the last 2 years.
• References must be signed by the referee or sent from a work based email address (personal email addresses will not be accepted for professional references.
• The reference must be completed by a referee who worked senior to the candidate or from HR (someone who would be aware of any relevant performance or disciplinary information).
• The reference must confirm dates and any safeguarding concerns / issues as a minimum. It will ideally concern performance based information.
• The referee must have worked at the organisation at the time the candidate last worked there to ensure fully accurate and up to date reference information.
• If a referee now works in a different organisation to the one where they worked with the candidate, further clarification of the referees employment dates must be obtained from the previous employer to verify the validity of the reference.
• If it is not possible to obtain two references (clear attempts must have been made), a personal reference will be acceptable. Ideally this should be from a professional person and ideally someone who has worked in the Education sector.
• Where workers have indicated they are registered with another agency, the agency should be contacted and asked to provide a reference. References from other employment businesses must, as a minimum, include dates of employment and details of any safeguarding issues if they are known.
• All references sent should be clearly documented on the candidates CV.
• Verbal references can be taken provided they are followed up in writing. Verbal references will be recorded, and a copy of the record will be sent to the referee via their school email address to obtain their written confirmation that the record is correct and their consent to forward it to a third party.  If the referee does not provide their written confirmation that the record is correct and give their consent, the reference will not be accepted.
• Stafflex Education should request references based on the candidates CV and ask for the relevant and recent references. If a candidate says they don’t want to give a reference we may decline their application if we require it. It is not the candidate’s choice. 
• When references are received, Stafflex must verify the contents and chase up any missing information and question any areas that aren’t clear to establish a fully comprehensive reference. When references are received, key areas to check include dates, job title, clarification on any concerns and the referees position (suitability to provide a reference). Candidates will be re-contacted to verify any discrepancies.

Stafflex may reject a candidates application if their reference:

• Is poor and not to our required standards
• Confirms that they have provided us with misleading information in an attempt to gain employment
• Highlights any reasons why that person is not suitable to work in the role as per safer recruitment guidelines.
• Does not provide us with sufficient information to meet minimum expectations

Reference Process

4.1 Responding to a Reference Request/Providing a Reference 

• Print off the letter on letter headed paper, or email the reference if that method is requested or if the request was made by email. 
• Add copy of documentation to IQX file. 

4.2 To Request a Reference
Open candidate IQX file. Create a CONTACT EVENT and in the summary line title the contact event as- Reference Request for (candidate name) – include the name of referee, name of the school and email/postal address it has been sent to in the main text box. 

If emailing the request:
Using the same contact event as above click on ‘write letter’ and select Reference Request template – this will open as a Word document.  Amend the name on the document, save, and send email via IQX.  Make sure to change the email address to the correct recipient (will automatically pull through candidates personal email address). 

If posting the request:
Print the letter on letterhead paper, and print the request form on continuation paper.  Both paper types can be found on the reception desk. 

Repeat the above process for the second reference, and make sure both are sent. An applicant will not pass compliancy if they do not have the two required references. 

N.B if the addresses/names/email addresses are incomplete, then use the internet to find out the correct details, or ring the organisation.


4.3  Receiving References 

• Check E-mail inbox on a daily basis- online references are submitted and downloaded from here.  
• Open IQX and transfer completed reference form to candidate file in IQX- attach document to candidate file in documents, print and add to candidate paper file. 
• Open IQX and search for the relevant applicant.
• Create a CONTACT EVENT- Reference Received- state if 1st or 2nd reference. 
• Click on Compliance- ID on the left hand side of the page
• Find REF 1 RECEIVED BACK and type in the date the reference was received.
• Repeat the above step when the second reference is received.
• Repeat steps for paper/postal references.

5. DBS 
Overview

Stafflex requires all our (Education based) work seekers to have an enhanced Disclosure and Barring Service (DBS) check which includes a check on the Children’s Barred List. 
We view and take a copy of the original DBS certificate and, with consent from the work seeker, carry out a status check on the DBS Update Service.  We record details of the check and the date the check is undertaken on the work seeker’s file.  If the Update Service check states that there is new information, we will require the work seeker to apply for a new DBS certificate before proceeding with their registration.
If a work seeker wishes to register with Stafflex and they are not already on the Update Service, a new DBS check will be required, and we would insist the work seeker subscribe to the Update Service.  If they do not subscribe to the Update Service, we will require a new DBS check to be undertaken at least once a year.
Stafflex will undertake repeat status checks on the Update Service at least once a year, or more often if required by our clients, but no more than four times a year.  We always obtain the work seeker’s consent to undertake a status check. 

If the DBS check shows details of a conviction or caution, in line with the Rehabilitation of Offenders Act 2014, we must email a copy of the DBS to the school.

Following the decision of the Department for Education to remove access to the stand-alone Barred List checking system for employment businesses from 1 April 2021, we cannot conduct this standalone check and we will not place any work seekers in a role without a full enhanced DBS check being completed. This check includes a Barred List check.



When reviewing a work seeker’s DBS certificate, Stafflex will check that the certificate is for Child Workforce only and status checks on the Update Service will only be for Child Workforce.

The definition of ‘work with adults’, as set out in the Police Act 1997 (Criminal Records) Regulations is narrower than the definition of ‘work with children’ and refers to providing personal care to the adult.  It is, therefore, not always the case that we will be entitled to view information relating to the adult barred lists.  If there is any uncertainty as to whether a particular role is eligible for a criminal record check, we can use the DBS eligibility tool and, if necessary, obtain guidance from the DBS.  

If a particular role is not eligible for an enhanced check against both the child and adult barred lists, we must not proceed with the check and if the work seeker has an existing DBS certificate covering both child and adult workforce, we will require them to undertake a new DBS for child workforce only.


All the details from the DBS certificate should be entered onto the applicant’s profile on IQX, including the issue date of the certificate. If the applicant holds an account with the Online Update Service, their account number should be entered into IQX and the applicant should have signed the section of the application form giving Stafflex their permission to check this account whenever necessary. This declaration is in the Education Application form and is signed upon registration. 

DBS certificates are removed from all candidate files as the document is confidential and need to be kept in a secure place. The restricted files are kept in the archive room, accessible only via a coded entry pad. 

The CRM used by Stafflex is able to alert us as to when the applicants’ DBS is due to be rechecked. Rechecks are done annually, or sooner if a candidate has not worked for Stafflex for a period of 3-6 months.

If the applicant does not have a valid DBS, they need to apply for a new one. They can do this online in the office or at home (see DBS Process below). The applicant will pay for the DBS. However, once they have been working for Stafflex for 20 days or more, this is reimbursed by Stafflex. 

If a work-seeker is not signed up to the Update Service and presents us with a third-party DBS check they must undertake a new DBS check.

A DBS certification through the Online Update Service is valid for as long as the applicant’s DBS remains clear of offence. If anything is put onto their certificate, they must then apply for a new one and placements must be suspended pending recertification. 

The DBS check all records every 12 months. The police check every 9 months. If anything is found, the police will be notified and they will notify the umbrella company who should then notify us in return.  



Filtering

The amendments to the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (2013 and 2020) provides that when applying for certain jobs and activities, certain convictions and cautions are considered ‘protected’. Work Seekers are not required to provide any information about protected (filtered) offences. This means that they do not need to be disclosed to employers, and if they are disclosed, employers cannot take them into account.


DBS Process
We should not carry out a DBS check using the Update Service in respect of an existing certificate which contains information relating to an adult and children workforce check unless the candidate will be carrying out regulated activity relating to BOTH children and adults. 

It is important to note that the definition of "work with adults" as set out in the Police Act 1997 (Criminal Records) Regulations is narrower than the definition of “work with children”. It is not always the case that you will be entitled to view information relating to the adult barred lists in respect of an individual simply because they are teaching adults with special educational needs. If you are unsure whether a particular role is eligible for a criminal record check, you should contact the DBS for guidance. 


The DBS has produced an eligibility tool which can be accessed HERE. If the role is not eligible for an enhanced check against both the child and adult barred lists, you should not proceed with the check and if they have an existing check then a new DBS should be requested.

5.1 Conducting a DBS Check through the Online Update Service
Checking a DBS through the Online Update Service can be done via the link below:

https://secure.crbonline.gov.uk/crsc/check?execution=e1s1


Enter the company name (Stafflex), your first name and then your surname in the appropriate boxes. Once you have logged on, you will need to enter the applicant’s DBS certificate number, their last name and their date of birth to perform the check. Print off the check and file away with the DBS.

If, via the check, notification from the DBS or the police, or if any other information comes to light that the candidate may have a conviction or a concern that deems them unsuitable for the positon they are applying for/already placed in Stafflex will notify the relevant organisations, e.g. the school, the DBS – using this email address dbscost@dbs.gsi.gov.uk. If in a placement already, the candidate will be stood down while causes for concern are investigated. If concerns are validated then the individual will have their registration with the Education Team at Stafflex renounced. 

Check to be done on a yearly basis minimum or more regularly if required. If the applicant has not subscribed to the online update service they will need a new DBS.

5.2 DBS Process
The candidates must bring with them the necessary documents for identity verification purposes. 
These include: 

• NI Number
• Current Passport
• Driving Licence
• Proof of address 
• Change of name details 

They must bring the original documents. Candidates must also have their address history for the last five years. 

If the candidate needs a new Enhanced DBS check they must apply online through our umbrella company, APCS, as Stafflex do not have a licence to issue DBS certificates. The candidate will be given their unique online access code by the Education Team.

The candidate must log onto www.onlinecrbcheck.co.uk using their unique access code, and they need to Create New Account.

The candidate will need to complete the form using the documents mentioned above. This includes paying for the DBS using a bank card. Sometimes Stafflex may pay for the DBS. In in this instance, the company credit card is used. See Yvonne Reilly. 

Once the candidate has completed the form, the DBS send an email to the Education team stating that Stafflex can verify the candidate’s documents and information. The application is then sent to DBS.  The application process is complete. 

Disclosures are emailed to the Education team and a copy sent to the candidate. Stafflex need to see the applicants’ copy only if the disclosure is not clear, in this case a copy of the original needs to be taken and kept with Stafflex’ copy. 

5.3. DBS Declaration of Permission. 
We need written or verbal permission from each candidate each time we check their online account. The candidate is able to check their account and view how many times it has been checked. Stafflex must be able to justify each check that is carried out. This declaration and permission slip must be explained to the candidate before they sign and is located in the Education Application form. If they do sign, and have signed up to the online update service, this slip acts as permission for Stafflex to check their account as and when is necessary without requesting their permission each time.

Open IQX and create a CONTACT EVENT. 

Matching Record
If a possible matching record has been acknowledged by the barred list database, you must contact the DBS to confirm if the applicant is a match or not.  Possible matches can be identified if someone with a similar surname and data of birth is barred. 
If the database information matches with the applicant you are checking, you MUST contact the Disclosure and Barring Service via email: dbscost@dbs.gsi.gov.uk


6. Disqualification Under the Childcare Act (2006)


In order for Stafflex to comply with our obligations under the Childcare Act 2006 and the Childcare (Disqualification) and Childcare (Early Years Provision Free of Charge) Extended Entitlement (Amendment) Regulations 2018, we must carry out appropriate checks to ensure that work seekers are not disqualified from teaching. Under the rules, individuals can either be disqualified from carrying out work with children in their own right, or disqualified by association because they live with somebody, or have somebody working in their home, who is disqualified. 



Changes to the disqualification rules were introduced in 2018 and since then, disqualification by association only applies to those who work in childcare in a domestic setting, such as in a childminder's home (previously it applied in schools and non-domestic settings such as nurseries). 
For roles involving childcare which is carried in a domestic setting only, we will require a disqualification by association declaration to be signed by candidates before we place them in any roles.

There is a declaration section in the Education Registration Pack, this includes a declaration according the Disqualification Under the Childcare Act (2006). The act is clearly explained during the interview process, and literature surrounding the filtering rules (statutory guidance from the Department for Education on the application of the Childcare (Disqualification) and Childcare (Early Years Provision Free of Charge) Regulations 2018 (“the 2018 regulations”) and obligations under the Childcare Act 2006 in schools) is available in the interview room.  The response to the declaration (signed if applicable to candidate- working with children 8 years old and under) is recorded in IQX and is also recorded in the safeguarding document which is sent out to clients upon assignment.  

Disqualification checks are required for all candidates who are seeking work which involves 'relevant childcare roles', such as:

• provision of early years childcare
• later years childcare in nursery, primary or secondary school settings
• staff directly concerned with the management of the above. 

For candidates who do not work in these ‘relevant childcare roles’, we will not conduct disqualification checks. For example, the following roles are not covered, staff who:

• only provide education, childcare or supervised activity during school hours to
  children above reception age; or
• only provide childcare or supervised activities out of school hours for children who
  are aged 8 or over; and
• are not involved in the management of relevant provision.

7. Teacher Regulation Agency (TRA) and professional bodies

Schools, colleges, local authorities and teacher supply agencies in England can check with the TRA whether a teacher has been awarded QTS and whether a teacher has completed their mandatory induction period.

Once an individual has completed a PGCE (Post Graduate Certificate in Education) or equivalent qualification they are issued with a QTS number. This number is exclusive to the individual. 

Stafflex has a duty to ensure that ‘where relevant for the role, a check to ensure the Worker is not subject to any current sanction or restriction imposed by the General Teaching Council for England prior to its abolition in 2012, or (for Workers engaging in teaching work) to any prohibition order imposed by the Secretary of State, or for Workers who have lived or worked outside the UK a check in accordance with Part 3 (Safer Recruitment) of Keeping Children Safe in Education guidance, or that the Worker is not disqualified from working with children under the Childcare (Disqualification) Regulations 2009’ and will undertake checks via the Teacher Regulation Authority (TRA), to check a teachers UK qualified teacher status to ensure that qualification certificates are genuine and that there are no prohibitions or sanctions imposed against the work seeker.  We will retain a screen print on the teacher’s file as a record of these checks.
Additionally, we will undertake a check for all non-teaching support staff to ensure that there are no prohibitions or restrictions.  A record of this check will be noted on the work seeker’s file.  If a prohibition or restriction is imposed, we will retain a screen print.


QTS Check Process
This check can be done by the Education Team.
Click on EMPLOYERS ACCESS: THE DEPARTMENT OF EDUCATION.
Log in – See the Education Team for the username and password
Enter: the applicant’s Teacher Reference Number 
Surname of the applicant
Applicant’s D.O.B

Click VIEW REPORT

Then print off the check and file in the applicants paper file.  If the printed check does not show the date, then the printed check must be signed and dated. 

Go into IQX and firstly create a CONTACT EVENT and then on the Compliance/ID section, tick that the check has been done and enter date. 


Non-teaching staff check
The TRA’s Access online service also allows you to check whether teachers and those working in teaching-related positions (such as teaching assistants and instructors) have any disciplinary issues, prohibitions, sanctions and restrictions that might prevent them from taking part in certain activities or working in specific positions. We will carry out TRA checks as part of our overall suitability checks on all those working in teaching related positions. 

Teachers who have failed induction or probation
General Teaching Council for England (GTCE) sanctions
Teachers and others prohibited from the profession
Teachers sanctioned in other EEA member states
Section 128 barring directions

Qualifications and early career teachers (ECTs)/newly qualified teachers (NQTs)

Where the client, legislation or any professional body requires the work seeker to have a particular qualification or authorisation to work in the position offered by the client, we will obtain copies of original qualifications and authorisations and these will be available to our clients upon request.
Under the Education (School Teacher’s Qualifications) (England) Regulations 2003, work seekers being supplied into a teaching position must be qualified to teach.  In addition to checking the qualifications, we will also check the teacher's qualified teacher status via the Teacher Regulation Agency online portal.  Please see further details above.
We will check overseas qualifications via the UK’s National Recognition Information Centre.
Wherever possible we will work with schools and ECTs/NQTs to find suitable induction placements.  In England, an ECT is required to complete 6 full school terms.  In Wales NQTs must complete 3 school terms but this can be done by working 380 sessions (a session is equivalent to either a morning or afternoon of teaching).


QTLS
A check is performed with the SET (formerly IfL).  Email candidate name and membership number to check QTLS status to Membership Enquiries membership.enquiries@etfoundation.co.uk.
Enter response and date on candidate IQX file. 

Online Activity
An online social media check will also be conducted on candidates. This is to identify any incidents or activities in the public domain that may be deemed as inappropriate. Enter response and date on candidate IQX file.

8. Overseas Police Checks

Under Regulation 19 of the Conduct Regulations, where you are acting as an employment business 
you must ensure that the work-seeker is suitable by ascertaining that they have the experience, training and qualifications and any other authorisations which the hirer considers are necessary, or which are required by law or by any professional body, to work in the position. 
Under Regulation 19, where you are acting as an employment agency you are required to ascertain 
the experience, training and qualifications and any other authorisations which the hirer considers necessary, if the work-seeker is taking up a position which involves working with, caring for or attending a vulnerable person.

If a candidate is from overseas (OTT: Overseas Trained Teacher) or has spent six months or longer outside of the United Kingdom within the past five years, an overseas police check is required.  This can be in the form of a criminal records check or a ‘Certificate of Good Character’, how these are obtained varies from country to country. The applicant must have this to work in Education as it will prove good conduct so the application can proceed. 

As of March 2021, teachers who have worked outside of the UK are now required to provide proof of their past conduct as a teacher. This should be a letter of professional standing issued by the professional regulating authority in the country in which they have worked. Such evidence can be considered alongside other information obtained through other pre-appointment checks to help assess suitability. Stafflex will request sight of a letter of professional standing issued by the professional regulatory authority where the individual worked. This check is completed to confirm the work seekers suitability for the role in line with Stafflex’s obligations under the Conduct Regulations. 

Where the letter cannot be obtained and all reasonably practicable steps have been taken to obtain it, Stafflex will request the work seeker to provide an alternative document which confirms their suitability for the role. This may be a letter of good standing from the head teacher in the school that they worked in or additional professional references. In such a case where the letter of professional standing cannot be obtained, Stafflex may also refer to the Teacher Regulation Authority Country Evidence table for guidance on what other document/s might confirm suitability. 

Stafflex will then inform the client of the steps taken to comply with the suitability requirements which are set out in Regulation 22 of the Conduct Regulations.


If the work seeker is unable to provide a police check from the relevant country (for example, if the relevant country does not provide police checks), Stafflex may accept a statement of good conduct from the work seeker's previous employer within the relevant country.  We would require the statement to include confirmation that, to the best of their knowledge, the work seeker has no criminal convictions and that they know of no reason why the work seeker should not work with children.

If we are unable to obtain a police check or a statement of good conduct, we will not proceed with the registration of the work seeker.

Guidance can be found at the following Government website on how this document can be obtained from different countries.

https://www.gov.uk/government/publications/criminal-records-checks-for-overseas-applicants

An original document needs to be seen and filled away in the applicants file. Also notes are to be made in IQX and the appropriate boxes ticked on the IQX questionnaire. 


If the candidate is unable to obtain an overseas police check retrospectively, or they have applied for one and are awaiting a response then they will not be eligible to register with the Education Department at Stafflex until they are in possession of one. 


9. Qualification Certificates

All candidates must present Stafflex with original copies of their relevant and necessary qualifications. All original documents including certificates must be seen and photocopied. The photocopies must be signed and dated as evidence to prove the originals have been seen.  Photocopies are to be filed in the candidate’s file.  Relevant qualifications should be ticked off on the Stafflex CRM as the candidate details are entered. 

Discrepancy in Name vs Qualification
Additional further identity checks are required should someone’s name as stated on their qualifications not match their represented name. Evidence should be collected that confirms and verifies the name of the candidate. Examples accepted, but not limited too, would include a marriage or Divorce certificate or change of name/Deed Poll, Solicitors letter (original letter) are required. These should be entered onto the CRM system and photocopies kept in the file with the qualifications.

Suitable applicants must fit into suitable educational roles, for example their qualifications must be relevant to the role that they are covering:

• Primary teachers need to be qualified in teaching that particular age group and have had specific training e.g. PGCE in Primary Education 
• Qualifications required for the job list below unless stated otherwise by client (i.e. experienced candidate accepted without specific qualifications). 
• Nursery Nurse/Early Years Practitioner: Level 1, 2, 3 or above in Early Years/Child Care 
• Teaching Assistant/classroom support: Level 1, 2, 3 or above in Supporting Teaching and Learning in Schools 
• Cover Supervisor: the applicant must hold a vocational qualification to level 3 in Cover Supervision or an equivalent qualification to the same standard or higher such as a Degree qualification 
• Teacher (key stage one to four): PGCE or equivalent with valid QTS or QTLS status
• Teacher (key stage five, FE): PGCE or equivalent with valid QTS or QTLS status
• Teacher (SEN): PGCE or equivalent with valid QTS or QTLS status
• Community Worker: Degree qualification in Community 

If a registering candidate who completed their teacher training overseas, they must present their original qualifications AND a NARIC report. This is so that the candidate’s international qualifications can be compared and verified as being of an equable standard and level. 

Checking and continued suitability policy 

• Candidate compliance to is to be checked on a regular basis- including DBS and DBS online update service subscription, Employer Access and rights to work.  See IQX for expiration dates- DBS with online subscription to be re-checked before commencement of any long term booking, and at least every 6 months. DBS certificates without online subscription must be reobtained every 12 months- ensure all are on the update service per individual client procedure.
• Compliance checks to be carried out again after a 3 – 12 month gap in working with Stafflex- re-check DBS, references, and employer access.  Full re-registration required after a 6 month gap. 
• Regularly obtain feedback from clients as to the suitability of candidates- on first placement, regular check in’s, client service reviews and client surveys.  The same checks apply for candidates. 
• Ensure suitability is maintained by offering regular training opportunities- for example, free Safeguarding training (and access to online courses and legislative information), behaviour management workshops, and Team Teach.  Encourage candidates attend client training days where available and relevant. 


10. Medical Declaration and Fitness to Teach

Candidates have the opportunity to declare any medical issues on the Education application form. Anything disclosed is considered according to placements available. If necessary, the information in the medical declaration will be disclosed to the school to ensure understanding. Our medical declaration is based around the Equality Act 2010 and REC guidance:

Those working directly with children need a high standard of physical and mental health to 
enter or remain in the profession. 

The Equality Act 2010 includes a provision which prohibits an employer from asking questions about the health of an applicant before selection before appointment, However, for teachers (and various other staff working in schools) the Education (Health Standards) (England) Regulations 2003 require that employers must ensure that a person has the capacity to carry out the ‘intrinsic function of the work’ as a teacher.


The presence of the Health Standards regulations means that teaching posts should fall within an exemption of the Equality Act legislation, but only so far as this is necessary to determine the ability of the applicant to carry out their teaching/instructing function.

The Education (Health Standards) Regulations 2004 prohibit an individual from teaching if they do not have the health and physical capacity to do so. There is an exception to section 60 of the Equality Act 2010 where health questions can be asked in order to establish whether the person will be able to undertake “a function which is intrinsic to the role”. This means that you can seek specific health information to establish whether a person is able to undertake essential elements of the role without breaching section 60, but you should take care not to ask for blanket health and disability information before providing work-finding services. The request should only be made so far as this is necessary to determine the ability of the applicant to undertake any intrinsic functions of the work and only to the extent that this is necessary to assess the ability of the applicant to comply with the health standards regulations. 

If a work-seeker declares a medical condition that you consider may affect their ability to carry out the role unless you have access to an occupational health service you are not in the position to make a medical judgment.  On these occasions you will need to seek confirmation from the work-seeker’s GP that they are fit to undertake the role in question, and we suggest that you ask that the work-seeker obtains this confirmation.

If a work-seeker declares a medical condition you may not advise the client of this unless you received permission from the work-seeker.  The only time that this is permissible is if the work-seeker is in a placement and the condition makes them unsuitable for the role. Even then you may not declare the condition but can withdraw the worker on ‘medical grounds’.

In considering implications of health problems for an individual’s fitness to teach, it is important to recognise that some teaching duties involve exposure to potential health 
hazards.  The risk arising from such hazards will vary according to the specific nature of the teaching duties and the environment in which the teacher is working.  Teacher training providers and employing organisations have a statutory responsibility to safeguard the health, safety and welfare of teachers (Health and Safety at Work etc. Act 1974); to conduct risk assessments (Management of Health and Safety at Work Regulations 1999); and take steps to 
address potential hazards and reduce the risk of adverse health effects.  Occupational health professionals have a key role in advising organisations in this regard.

To be able to undertake teaching duties safely and effectively, it is essential that individual teachers:

• Have the health and well-being necessary to deal with the specific types of teaching and associated duties (adjusted, as appropriate) in which they are engaged. 
• Are able to communicate effectively with children, parents and colleagues. 
• Possess sound judgement and insight. 
• Remain alert at all times. 
• Can respond to pupils’ needs rapidly and effectively.
• Are able to manage classes.
• Do not constitute any risk to the health, safety or well-being of children in their care. 
• Can, where disabilities exist, be enabled by reasonable adjustments to meet these criteria.

The decision on fitness should be considered using the above criteria and should be based on an individual’s ability to satisfy those criteria in relation to all duties undertaken as part of their specific post and in relation to all of the individual’s health problems.
Confirmation of fitness to teach is critical to the employment of any teacher, irrespective of their method and duration of appointment.  It applies equally to supply teachers provided by an agency.  It is the responsibility of the agency to determine the individual’s fitness to teach and the employing organisation to ensure that such fitness has been determined.  The following procedure should be followed when a teacher registers with an agency:

• They should be required to complete a health questionnaire which should be forwarded direct to the agency’s Medical Adviser for review. 
• The agency’s Medical Adviser should, with the individual’s written consent, request the individual occupational health record from the previous employer.

Assessment Process
Following review of both the above, the Medical Adviser will advise the agency. 
Agencies must comply with the Disability Discrimination Act.  Supply teachers are likely to move through a range of posts with potentially different duties in a relatively short period of time.  For this reason, in the case of an applicant with a disability, it is necessary for the 
Medical Adviser to define the circumstances in which appointment of that individual would be possible.

The Medical Adviser should retain the occupational health record relating to the individual on behalf of the agency.

Ill Health Retirement - a decision to retire a teacher on the grounds of ill health 
If a teacher has been retired on medical grounds by the Department of Education then if this was after 
the 1st April 1997 then this teacher will not be able to teach, even part time as they have been deemed 
medically unfit. However if the teacher was retired before 1st April 1997 then they may be able to work if they can show that they have the health and physical capacity to teach. They can show they are fit to work by obtaining a GP’s letter confirming that they are fit to teach. However, even if they are confirmed as fit to teach they will only be able to work for 2.5 days per week. 

The decision to approve or reject an application for an ill health retirement pension is made by the DfE on the basis of a recommendation from a panel of independent Medical Advisers contracted to the DfE.  

If a teacher retired on ill health starts work again in any form of teaching, lecturing or tutoring they must inform Teachers’ Pensions. Their pension will stop immediately. If they fail to inform Teachers’ Pensions that they have returned to work, they will have to pay back any pension paid to them since returning to work.  Details of any other employment must be notified to Teachers’ Pensions so that this can be assessed accordingly.


11. Safeguarding Policy

Introduction

Stafflex Education are Recruitment Agency and Business who provide Educational establishments with temporary and permanent staffing. Our Clients include Primary Schools, Secondary Schools, Academies, Special Schools, Out of School Clubs, Nurseries and Colleges. As we place staff into regulated activity with children (and sometimes vulnerable adults), it is imperative that we are fully committed to safeguarding and protecting the safety and welfare of children, young people and / or vulnerable adults.

Legislation

Stafflex Education’s procedures are based on Department for Education (DfE) Guidance as well as the Recruitment and Employment Confederation’s (REC) requirements to achieve the accredited Gold Standard in Education Recruitment status. The DfE’s guidance published in March 2015 and updated Sept 2016, ‘Keeping Children Safe in Education’ is the primary document we use for our Safeguarding policies and procedures. ‘Putting pupils first’ is a document created by the REC to guide agencies on Safer Recruitment checks that are required and this is an additional document we utilise. Other areas of our Safeguarding Policy are derived from ‘Guidance for Safer Working Practice for those working with children and young people in education settings’ published by the Safer Recruitment Consortium, the government issued ‘Working together to Safeguard children’ (updated 2015) as well as guidance on Safer Recruitment and Safeguarding from the Local Authorities that our client are linked with.

Named Safeguarding Team

Name of Safeguarding Lead: Peter Joseph
Name of Deputy Safeguarding lead: Poppy Stahelin
Telephone number: 01484 351010

Recognising the signs and symptoms of abuse

Child abuse is quite rare. However, it is important that all Stafflex Education staff (internal and candidates) understand the different forms of abuse that some children may experience and the signs and symptoms of such abuse. We ensure that all staff that work with children and young people access training to help them not only identify but also act upon any form of abuse that they may identify.

There are four types of abuse which can cause long term damage to a child or young person.

PHYSICAL ABUSE: May involve hitting, shaking, throwing, poisoning, burning or scalding, drowning, suffocating, or otherwise causing physical harm to a child. Physical harm may also be caused when a parent/carer fabricates the symptoms of, or deliberately induces illness in a child.

EMOTIONAL ABUSE: Is the persistent emotional maltreatment of a child such as to cause severe and persistent adverse effects on the child’s emotional development. It may involve conveying to children that they are worthless or unloved, inadequate, or valued only in so far as they meet the needs of another person. It may include not giving the child opportunities to express their views, deliberately silencing them or “making fun” of what they say or how they communicate. It may feature age or developmentally inappropriate expectations being imposed on children. These may include interactions that are beyond the child’s developmental capability, as well as overprotection and limitation of exploration and learning, or preventing the child participating in normal social interaction. It may involve seeing or hearing the ill-treatment of another. It may involve serious bullying, (including cyber- bullying) causing children frequently to feel frightened or in danger, or the exploitation or corruption of children. Some level of emotional abuse is involved in all types of maltreatment of a child, though it may occur alone.

SEXUAL ABUSE: Involves forcing or enticing a child or young person to take part in sexual activities, not necessarily involving a high level of violence, whether or not the child is aware of what is happening. The activities may involve physical contact, including assault by penetration (for example, rape or oral sex) or non- penetrative acts such as masturbation, kissing, rubbing and touching outside of clothing. They may include non-contact activities, such as involving children in looking at, or in the production of, sexual online images, watching sexual activities, encouraging children to behave in sexually inappropriate ways or grooming a child in preparation for abuse (including via the internet). Sexual abuse is not solely perpetrated by adult males. Women can also commit acts of sexual abuse, as can other children.

NEGLECT: Is the persistent failure to meet a child’s basic physical and/or psychological needs, likely to result in the serious impairment of the child’s health or development. Neglect may occur during pregnancy as a result of maternal substance abuse. It may also include neglect of, or unresponsiveness to, a child’s basic emotional needs.

Becoming aware of a safeguarding concern
Stafflex Education staff need to be aware that there are several ways that we could be notified of a Safeguarding concern.
These Include:

• Notification from a third party or anonymous source.
• A child or young person’s appearance, behaviour, play, drawing or statements cause suspicion of abuse and/or neglect (whilst a Stafflex Education consultant is visiting a school).
• A child or young person reports an incident(s) of alleged abuse to a client and it is subsequently passed onto us if it involves one of our employees.
• A verbal or written report is made by a Stafflex Education Candidate regarding the serious misconduct of a worker towards a child or young person.

Procedures following notification of a safeguarding concern
If we receive notification of a Safeguarding concern from a client regarding a Stafflex Employee, our internal staff are fully trained to follow these steps.
1. Identify that the concern is definitely being treated as a safeguarding concern. This means that it has been passed to the Schools designated safeguarding officer, it has been, or will be, passed to the local area safeguarding team (Safeguarding LADO) and the member of staff in question has been or will be removed from regulated activity at an appropriate time.
2. We will then assure the client of our procedures following an allegation which will involve suspending the member of staff in question ASAP.
3. This will be logged on the candidate and client file and passed immediately to a Stafflex Education Safeguarding officer who will commence ‘procedures following an allegation’ (based on DfE and local current guidance) and contact the candidate. We will:
3a) Inform the candidate of the allegation and suspend them with immediate effect. At this stage we will not discuss any known information.
3b) Inform necessary parties of the allegation to ensure no further work is provided to the member of staff until the conclusion of the investigation. This includes payroll umbrella companies.
3c) Liaise with the LADO that the allegation has been passed to.
3d) Pass on any required information to the LADO or school for the purposes of the investigation. This includes any previous concerns or issues logged on file.
3e) Attend any strategy / managing allegations meetings.
3f) Liaise with social services and / or the police where necessary.g) Maintain regular contact with the candidate to support them through the allegation.
3h) Inform them of the possibility of contacting their union for support and guidance.
3i) Invite the candidate in to the office (at the appropriate stage) to take a statement from them and ask any required questions to gain as much information as possible.
3j) Engage with all parties involved in the multiagency investigation and complete the investigation after shared consensus and a further assessment amongst our internal safeguarding team.
3k) Take the appropriate action at the conclusion of the investigation. This could include dismissal, continued employment with no further action or continued employment subject to provisions (such as further training / intervention, observations, amended assignments).
3l) Log all correspondence, conversations and meetings.
3m) Make any required referrals to the DBS or TRA.

If a concern is received from someone other than a client school, the information is passed to a Stafflex Education safeguarding officer who will then assess the information and liaise with either school contacts, the Stafflex management team or the local safeguarding board as necessary and appropriate, depending on the information we receive. If we feel that a concern meets the safeguarding threshold then we would follow the steps 1-3. A safeguarding concern would be passed over to the local Safeguarding LADO if we feel a member of staff has

• behaved in a way that has harmed a child, or may have harmed a child;
• possibly committed a criminal relevant offence or an offence against or related to a child; or
• behaved towards a child or children in a way that indicates he or she may pose a risk of harm to children.

Safer Recruitment

Safeguarding children and quality recruitment of teachers and support staff is paramount to Stafflex Education. It is our policy to ensure that all relevant checks are carried out by staff that are trained in procedures and understand their responsibilities.
We thoroughly vet all of our supply staff to ensure suitability. Checks are completed prior to the first placement of the candidate and are repeated during service if / when required. The following checks apply to all staff and are completed prior to placement:

• Face to face interview
• Current DBS through Stafflex or 3rd party AND on the update service, OR a DBS in progress. Following the decision of the Department for Education to remove access to the stand-alone Barred List checking system for employment businesses from 1 April 2021, we cannot conduct this standalone check and we will not place any work seekers in a role without a full enhanced DBS check being completed. This check includes a Barred List check.
• Overseas police clearance or letter of good conduct if they have been out of the country for 3 months or more in the last 5 years
• 10 year work history checked and any gaps explored.
• Qualifications verified
• Two written references (one being most recent employer / last post in regulated activity)
• Signed rehabilitation of the offenders Act statement
• TRA check (if applicable)
• Have permission to work in the UK
• Identity checks (Proof of ID and Address in line with the DBS regulations)
• Health declaration
• Various declarations signed - including permission to check the update service, living with disqualified workers, rehabilitation of offenders act, online checks, data protection act, declaration of convictions, health and safety policy, permission to disclose medical information (if applicable) and our terms and conditions.

These checks are documented on the candidate’s ‘Safeguarding Document’ and provided to clients prior to the work assignment starting. This includes required information that schools can add to their single central record.
Stafflex Education complete ongoing checks throughout the duration of the candidate’s employment to ensure the minimum DfE expectations are met. These include:

• Annual DBS check
• Annual TRA 
• Annual Online Update Service Checks
• 3 month employment gap checks
• Up to date training provision (including safeguarding)
• Visa checks
• Qualification expiry checks

Staff Training and Policy Reviews

We are committed to ensuring that candidates, internal staff and safeguarding leads are fully up to date with local and national procedures. Any changes to safeguarding guidance are identified early through communication from the REC, DfE or Safeguarding boards and rolled out to the team immediately.

Managers – attend regular safeguarding lead training through local authorities to ensure we are operating in harmony with the clients we work with. Regular meetings and reviews of procedures and current best practice ensure we are up to date and constantly assessing the effectiveness of the company policy and procedure. 

Internal Staff – all internal staff complete full safeguarding awareness training and training on managing an allegation. Regular updates are sent out to all staff and briefed in team meetings. All staff are aware of the designated safeguarding officers and what their duties are to protect the welfare of children.

Candidates – All candidates complete Safeguarding awareness training when they join the company. They are required to read important up to date national guidance (including safer working practice guidance, Part 1 and Annex A of Keeping Children Safe in Education and our company procedures following an allegation). They are also offered training on a regular basis so there is ample opportunity for them to meet our company requirement of attending safeguarding training every two years.  Our policy and procedures are passed onto all staff when joining the company and are displayed in the office. Any updates are circulated around the team in writing.

Recording and Managing Confidential Information

Stafflex Education follow the Data Protection Policy Act (1998). In addition to this we account for heightened data protection procedures when dealing with sensitive information including information related to safeguarding.

• Details of an allegation are recorded on a candidates file.
• Further details are recorded on a safeguarding allegations form. This includes sections for all areas of an allegation and includes the concerns/allegations of abuse, harm or neglect, contact details for involved parties, steps to be taken in the allegation and outcome details. This form is kept securely with the candidates file with a safeguarding officer.
• Stafflex Education is committed to managing confidential information safely. Our physical paperwork is securely stored, our electronic information if password protected and shared only with authorised personnel. Data is transferred securely and only shared when necessary with staff and 3rd parties that play a role in the multiagency approach.
• Candidates and children have a right to confidentiality. We will only share information in order to follow safeguarding commitments and ultimately where necessary to protect children or young people from the risk of harm.

Sending Safeguarding Document Process

Open IQX and search for the applicant
Once found, click on the PLACEMENT tab on the left hand side of the page.

Click on the relevant booking that appears in the box. 
Click on REPORTS at the top of the box.
In the new box that appears, select PLACEMENT TO CANDIDATE CHECK DOC from the drop down list. 
On the document that is now created, click the PRINT icon at the top left hand of the page. 
Tick the box PRINT TO FILE

Save as a PDF document (This ensures that the document cannot be altered).
Save the document (to your desktop or data drive etc.) and name it (name of applicant) Safeguarding 
When the document needs sending, open OUTLOOK, attach the safeguarding document and email to contact. 
NB All candidates are to be e-mailed an online Level 2 Safeguarding Course. Candidates also complete the Prevent training. 


Referral and Reporting

Client
If any information or a concern regarding the candidate comes to light after they have been placed, they will be removed from the setting immediately, pending investigation. Stafflex would remain in constant contact with the client, either verbally or via email. All communication would be recorded in IQX and safeguarding information on a separate safeguarding log. 

Candidate
Meet with the candidate face to face, or speak with on the telephone, and take a statement which would be recorded in IQX. Keep informed regarding communications with the client, where appropriate. 

Stafflex as an employment business is a 'personnel supplier' and has a legal requirement under the Safeguarding Vulnerable Groups Act 2006 to refer information to the DBS about individuals who have either harmed, or placed at risk of harm, a child or vulnerable adult.

Where Stafflex supplies or introduces a work seeker to a client, and the client subsequently removes the work seeker from carrying out ‘regulated activity’ because the client believes that the person has engaged in ‘relevant conduct’ or the ‘harm test’ is satisfied, Stafflex must provide information to the DBS about this matter. Additionally, if Stafflex decides to withdraw our services from the work seeker because we believe that the work seeker engaged in ‘relevant conduct’ or that the ‘harm test’ is satisfied, we must provide information to the DBS about this.

‘Relevant conduct’ is defined as:

• Conduct which endangers a child or vulnerable adult or is likely to endanger a child or vulnerable adult,
• Conduct which, if repeated against a child or vulnerable adult would endanger or would be likely to endanger him,
• Conduct involving sexual material relating to children (including possession of such material),
• Conduct involving sexually explicit images depicting violence against human beings,
• Conduct of a sexual nature involving a child or vulnerable adult.

Stafflex has a duty to refer information to the DBS if the ‘harm test’ is satisfied, i.e. if Stafflex thinks that that the person may:

• Harm a child or vulnerable adult,
• Cause a child or vulnerable adult to be harmed,
• Put a child or vulnerable adult at risk of harm,
• Attempt to harm a child or vulnerable adult, 
• Incite another to harm a child or vulnerable adult.

To ensure compliance with the DBS referral rules, we have processes in place to ensure that all staff are aware of the legal duty to make a DBS referral where necessary and know the process for doing so. 


12. Rehabilitation of the Offenders Act

During the registration process, all work seekers are required to complete our Rehabilitation of Offenders Act Declaration and, as required for regulated sectors, disclose all spent and unspent convictions, subject to the filtering rules.
If a work-seeker discloses any convictions, Stafflex Ltd., will consult with the Teacher Regulation Agency, or for Wales, the Education Workforce Council, and the REC’s legal helpline to obtain advice and guidance on whether the work seeker can work in the education sector.

Rehabilitation of Offenders Policy

As an organisation assessing applicants’ suitability for positions which are included in the Rehabilitation of Offenders Act 1974 (Exceptions) Order and using criminal record checks processed through the Disclosure and Barring Service (DBS), Stafflex Ltd., complies fully with the DBS code of practice and undertakes to treat all applicants for positions fairly.

Stafflex, undertakes not to discriminate unfairly against any subject of a criminal record check on the basis of a conviction or other information revealed.

Stafflex, can only ask an individual to provide details of convictions and cautions Stafflex Ltd., are legally entitled to know about. Where a DBS certificate at either standard or enhanced level can legally be requested (where the position is one that is included in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 as amended), and where appropriate (Police Act Regulations as amended).

Stafflex, can only ask an individual about convictions and cautions that are not protected.

Stafflex, is committed to the fair treatment of its staff, potential staff or users of its services, regardless of race, gender, religion, sexual orientation, responsibilities for dependents, age, physical/mental disability or offending background.

Stafflex, has a written policy on the recruitment of ex-offenders, which is made available to all DBS applicants at the start of the recruitment process.

Stafflex, 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.

Stafflex, select all candidates for interview based on their skills, qualifications and experience.

Stafflex, ensures that all staff of Stafflex Ltd., who are involved in the recruitment process have been suitably trained to identify and assess the relevance and circumstances of offences.

Stafflex, also ensures 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.

At interview, or in a separate discussion, Stafflex, ensures that an open and measured discussion takes place on the subject of 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/assignment.

Stafflex, makes every subject of a criminal record check submitted to DBS aware of the existence of the code of practice and makes a copy available on request.

Stafflex, undertakes to discuss any matter revealed on a DBS certificate with the individual seeking the position before withdrawing a conditional offer of employment

13. Strike and Industrial Action

Due to the appeal of a recent Statutory Instrument before parliament under the Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2022 Agencies are now again no longer allowed to supply workers specifically to cover work that is not being done during lawful industrial action. Stafflex supports this ruling.




The recruitment sector is regulated by the Employment Agencies Act 1973 and the Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2022 (the ‘Conduct Regulations’). Previously Regulation 7 of the Conduct Regulations prohibited employment businesses from providing agency workers to cover the duties normally performed by an employee of an organisation who is taking part in a strike or other industrial action, or to cover the work of an employee covering the duties of an employee taking part in a strike or other industrial action. 

Stafflex made the decision NOT to supply temporary workers to cover the work of employees involved in strike action.

14. Interviews and Registration process

Every single candidate who wished to be registered with Stafflex must attend a pre-arranged interview at the Stafflex office (unless registered remotely using the 3rd party ID checker software). The candidates have all ID, work eligibility and qualifications checked and they complete an application form. The application form contains a questionnaire which forms the basis of the interview and our model questions. All interview notes are added on to the candidates profile on our CRM.

All Stafflex staff must shadow and observe experienced team members interviewing candidate. They must also be observed before conducting any interview unsupervised. All Stafflex staff are also required to work towards and to complete the Cert RP and are undertaking ongoing training. 

Education Registration 

New candidates and full re-registration after 6 months after no contact:

Refer to Registration handbook for full registration process.