Recruitment, selection and disclosure policy

Adopted by Driven Tutors on 1st of September 2024

Introduction

Driven Tutors (DT) is committed to providing the best possible care and education to its students and to safeguarding and promoting the welfare of children and young people. DT is also committed to providing a supportive and flexible working environment to all its members of staff. DT recognises that, in order to achieve its aims, it is of fundamental importance to attract, recruit and retain members of staff of the highest calibre, who share firm commitment to DT’s purpose and values.

Policy Statement

Purpose and scope of policy statement

DT puts the student at the centre of all that we do. We are committed to providing a safe and secure online environment for all our students, employees, apprentices and stakeholders, particularly those that are under 18 or in some other way vulnerable.

Our primary consideration is to ensure that no student is at risk of abuse or is harmed. We aim to protect children, young people and vulnerable adults who are engaging with

our sessions whether online or face to face with the overarching principles that guide our approach to child protection.

DT will usually be delivered via a school or working individually with parents through our private tutoring route. As such we will work closely with the school on all matters regarding Safeguarding and the welfare of the students. The links with the tutoring centre’s Designated Lead for Safeguarding will be particularly important and this is reflected in the document below.

Legal framework and related policies and procedures

This policy is complementary to several existing organisational policies and practices mentioned below. In general, where any reference is made to the physical world in these documents, this will apply in the same way in the online world, or as near to it as is reasonably foreseeable and possible.

• Code of conduct
• Health and safety
• Online safety policies
• Whistleblowing policy
• Safeguarding policy

Our beliefs

We aim for all students to have the same opportunity to use and engage with our materials and therefore all students should have equality of protection when doing so. This is regardless of their gender, ability, race, sexuality, ethnicity, circumstances or age. Vulnerable children and adults require particular attention in order to optimise their safety needs and promote their access to important opportunities.

Our objective is to do all that we can to ensure that students are not at risk of abuse while receiving a service from us online or in schools/colleges, whether this is from DT employees, peers or contractors. We will recognise and take appropriate action, when a child, young person or vulnerable adult might be abused in the community or family.

Aims of recruitment, selection and disclosure policy and procedure

The aims of DT Recruitment, Selection and Disclosure Policy and Procedure are as follows:

• to ensure that the best possible staff are recruited based on their merits, abilities and suitability for the position
• to deter, identify and reject prospective applicants who are unsuitable for work with children or young people
• to ensure that all job applicants are considered equally and consistently
• to ensure that no job applicant is treated unfairly on any grounds including race, colour, nationality, ethnic or national origin, religion or religious belief, sex or sexual orientation, marital or civil partner status, disability or age
• to ensure compliance with all relevant UK legislation, recommendations and guidance including the statutory guidance published by the Department for Education (DfE), Safeguarding children and safer recruitment in education (Guidance), Keeping Children Safe in Education (KCSIE), the ISI Handbook for the Inspection of Schools (Guidance), the Prevent Duty, and relevant guidance or code of practice published by the Disclosure and Barring Service (DBS)
• to ensure that DT meets its commitment to safeguarding and promoting the welfare of children and young people by carrying out all necessary pre-employment checks.

Scope of the policy

DT Recruitment, Selection and Disclosure Policy and Procedure document applies to members of staff directly recruited and employed/engaged by DT, most often tutors.

In the case of agency workers or where a recruitment agency has been used to recruit or play a part in the recruitment of staff, DT will obtain written confirmation from the agency that it has carried out the appropriate checks as detailed in the Safer Recruitment Policy and Procedure.

In the case of contractors, DT will conduct the required checks as detailed in the Safer Recruitment Policy and Procedure and, where appropriate, obtain written confirmation that contractor checks have been carried out.

Dates

We review our Policy at least every year to ensure that are commitments remain relevant to the nature of DT operations and online practices.

Date of Next Review: No later than September 2024

Recruitment and selection procedure

Advertising of posts

The aim of advertising is to attract a wide range of high-quality candidates from diverse backgrounds. All advertisements for posts, whether in newspapers, journals or online should include a statement confirming that DT is committed to safeguarding and the welfare of children and that all candidates who may come into contact with students, either online or in person, will be required to undergo an Enhanced/Basic DBS check dependent on the age of students that the tutor engages with at Driven Tutors.

Job descriptions and person specification

The qualifications, skills, experience, knowledge, aptitudes and abilities that are required for the post will be identified clearly in the job description and person specification. The job description will also state that it is the individual’s responsibility to promote the welfare of children and young people they are responsible for or comes into contact with.

Application Form

DT will normally only accept applications from candidates who have made an application submitting a covering letter along with a CV. DT will make candidates aware that all posts in DT involve some degree of responsibility for safeguarding children, although the extent of that responsibility will vary according to the nature of the post. Any gaps in employment history must be accounted for and will be explored (and noted). DT’s Tutoring Programme’s application form, job descriptions, person specification, safeguarding policy and Recruitment, selections and disclosure policy are made available to all applicants.

Invitation to interview

DT will shortlist applicants for interview based on selection criteria which assess the candidate’s qualifications, skills, experience, knowledge, aptitudes and abilities against the job description and person specification.
If successful, the applicant will be invited to a telephone interview lasting 15 mins to understand the tutor’s motivation for applying to the role and letting the tutors know of the requirements. The applicants are then invited to a formal 2-part interview. The first part of the interview will seek to gain an understanding of the tutor’s teaching experience and the understanding of the role. A tutoring test will be sent in preparation for the second-round interview. The final part of the interview will be a teaching interview. Lessons will be prepared in advance by a tutor and the tutors technical concept teaching abilities will be assessed in role play scenario. All formal interviews will have one person on the recruitment panel/s who has undertaken safer recruitment training. In additional to technical/competency-based questions, candidates will be asked questions relating to their attitude and motivation to work with children and young people (or in an environment where they are present).

(i) Verified Employment history
DT discusses with candidates their employment history from the age of 16 at the interview. Their university placement is discussed and we use a tutors declaration of Grades, and obtain valid references as a secondary control. Any gaps or inconsistencies are noted and explained.

(ii) University and Grade declaration
The academic requirements DT set to become a tutor are as follows:
1. Have attended or are attending a leading UK university including Oxbridge, G5, Ivy-League and Russel Group institution
2. Have achieved an A* in A-Level for the subject they wish to teach and/or PGCE qualification
3. Tutors who have followed the English Curriculum and/ or familiar teaching the UK based curriculum
4. A passion for Education

(iii) Due-Diligence checks
If Driven Tutors decides to provide a conditional offer, the candidate will be made aware that Driven Tutors may undertake online and social media searches as part of the Due-diligence checks.

Conditional offer of appointment

If it is decided to make an offer of employment, any such offer will be conditional on the following basis:

• the agreement of a mutually acceptable start date and the signing of a contract incorporating DT standard terms and conditions of employment
• verification of the applicant's identity (where that has not previously been verified)
• the gathering at least two written references (one of which must normally be from the applicant's most recent employer), which DT considers to be satisfactory
• the receipt of an Basic/Enhanced Disclosure and Barred Listing check from the DBS
  which DT deem to be satisfactory, and that the Enhanced DBS certificate is provided to DT before the first day of employment
• verification of the applicant's medical fitness for the role (see section on medical fitness below)
• for any roles which are based in the UK, verification of the applicant's right to work in the UK
• any further checks, which are necessary as a result of the applicant having lived or worked outside of the UK
• verification of professional qualifications which DT deems a requirement for the post, or which the applicant otherwise cites in support of their application (where they have not been previously verified)
• that the applicant attends and satisfactorily completes all the required training, including Safeguarding training.

Medical fitness

DT is legally required to verify the mental and physical fitness to carry out their work responsibilities of anyone to be appointed to a post at DT, after an offer of employment has been made but before the appointment can be confirmed.

It is DT’s practice that all applicants, to whom an offer of employment is made, must complete a Health Questionnaire. The information contained in the questionnaire will then be held by DT in strictest confidence and processed in accordance with DT’s Employee Privacy Notice and Data Protection Policy. The information will be reviewed against the Job Description and the Person Specification for the role. If DT has any doubts about an applicant's fitness, DT will consider reasonable adjustments in consultation with the applicant. DT may also seek a further medical opinion from a specialist or request that the applicant undertakes a full medical assessment.

DT is aware of its duties under the Equality Act 2010. No job offer will be withdrawn without first consulting with the applicant, obtaining medical evidence and considering reasonable adjustments.

Pre-employment checks

In accordance with the recommendations set out in the statutory guidance, KCSIE 2023 and the requirements of the Education (Independent School Standards) (England) Regulations, DT carries out a number of pre-employment checks in respect of all prospective employees.

In addition to the checks set out below, DT reserves the right to obtain such formal or informal background information about an applicant as is reasonable in the circumstances to determine whether they are suitable to work for DT. This may include internet and social media searches.

Verification of identity

All applicants who are invited to interview will be required to provide an original photo ID. DT complies with the DBS identity checking guidelines. As part of the recruitment process, applicants will be advised of the original documents they are required to provide.

Where an applicant claims to have changed their name by deed poll or any other means (e.g. marriage, adoption, statutory declaration) they will be required to provide documentary evidence of the change.

DT asks for the date of birth of all applicants (and proof of this) in accordance with the Guidance and KCSIE 2023. Proof of date of birth is necessary so that DT may verify the identity of all applicants as well as check for any unexplained discrepancies in the employment and education history. DT does not discriminate on the grounds of age.

References

A complete set of references may be required once an offer of employment is made.
All offers of employment will be subject to the receipt of a minimum of two references which are considered satisfactory by DT. One of the references must normally be from the applicant's current or most recent employer. If the current/most recent employment does/did not involve work with children, then the second reference should be from the employer with whom the applicant most recently worked with children. Neither referee should be a relative or someone known to the applicant solely as a friend.
DT may, at its discretion, require further references as appropriate to satisfy itself that the preferred candidate is both suitable and appointable.
Referees may be contacted if the recruitment team believes that further verification of identity is required. All referees will be asked whether they believe the applicant is suitable for the job for which they have applied and whether they have any reason to believe that the applicant is unsuitable to work with children. All referees will normally be sent a copy of the job description and person specification for the role for which the applicant has applied. If the referee is a current or previous employer, they will also be asked to confirm the following:

• the applicant's dates of employment, salary, job title/duties, reason for leaving, performance, and disciplinary record
• whether the applicant has ever been the subject of disciplinary procedures involving issues related to the safety and welfare of children (including any in which the disciplinary sanction has expired), except where the issues were deemed to have resulted from allegations which were found to be false, unsubstantiated, unfounded or malicious
• whether any allegations or concerns have been raised about the applicant that relate to the safety and welfare of children or young people or behaviour towards children or young people, except where the allegation or concerns were found to be false, unsubstantiated, unfounded or malicious.
  DT will only accept references obtained directly from the referee. It will not rely on references or testimonials provided by the applicant or on open references or testimonials.

DT will compare all references with information given on the application form. Any discrepancies or inconsistencies in the information will be taken up with the applicant and the relevant referee before any appointment is confirmed. DT will contact referees upon receipt of references to confirm that they have indeed supplied the reference.

Prohibition checks

Persons who are prohibited from teaching/and or management will not be appointed to work for DT. Any offer of employment will be subject to the same and will not be confirmed until DT is satisfied that the individual is not prohibited from teaching and/or management.

Prohibition orders prevent a person from carrying out teaching work in schools and other settings. Where an individual is prohibited, their details will appear on the Prohibited List (Teaching). DT will check the Prohibited List (Teaching) and restrictions imposed by another EEA authority before confirming an applicant’s employment. DT Tutoring will check whether successful applicants are the subject of a prohibition, or interim prohibition, order.

Criminal records check

Due to the nature of the work, DT applies for an Enhanced Disclosure and Barred Listing from the DBS in respect of all prospective members of staff or volunteers. All tutors are required to have a valid enhanced Criminal Background check to tutor.

DT applies for an Enhanced Disclosure from the DBS and a check of the Children's Barred List (now known as an Enhanced Check for Regulated Activity) in respect of all positions at DT which amount to "regulated activity" as defined in the Safeguarding Vulnerable Groups Act 2006 (as amended). The purpose of carrying out an Enhanced Check for Regulated Activity is to identify whether an applicant is barred from working with children by inclusion on the Children's Barred List maintained by the DBS. Any position undertaken at, or on behalf of, DT (whether paid or unpaid), will amount to "regulated activity" if it is carried out:

• frequently, meaning once a week or more or
• regularly in that it satisfies the "period condition", meaning three times or more in a 30- day period and
• provides the opportunity for contact with primary school children.

This definition will cover nearly all posts at DT.

It is for DT to decide whether a role amounts to "regulated activity" taking into account all the relevant circumstances.

The DBS issues a DBS disclosure certificate to the subject of the check only, rather than to DT. It is a condition of employment with DT that the original disclosure certificate be made available to DT prior to the new employee’s start date. Original certificates should not be sent by regular post. Employment will remain conditional upon the original certificate being provided and it being considered satisfactory by DT.

If there is a delay in receiving a DBS disclosure and the position requires an urgent start, the recruiting manager, in consultation with HR, may allow an individual to begin work pending receiptof the disclosure only if:

• all other checks, including a clear Children's Barred List check (where the position amounts to regulated activity), have been completed
• appropriate supervision can be put in place
• a new starter DBS risk assessment is completed and reviewed every two weeks until the Enhanced DBS check is received

No employee will be able to work unsupervised and will be subject to a DBS risk assessment (incorporating the appropriate level of supervision) until a suitable DBS disclosure certificate is received by DT. The risk assessment will be reviewed on a fortnightly basis until receipt of the disclosure.

DT considers a criminal background record check to be valid if it:

• Is an up to date enhanced DBS check
• Is issued in the UK
• Details Children’s Barred List Information
• Is relevant to the tutor’s place of work and previous address history

In line with safeguarding requirements tutors need to have a valid, enhanced DBS check, which is renewed every 3 years.

An enhanced DBS check can be updated by:

• Applying for a new enhanced DBS Certificate
• Asking DT to check the Update Service, provided a tutor is registered to the update List

When a DBS check is about expire, a tutor will need to get an updated DBS completed to continue with tutoring during the term holiday (Christmas, Easter or Summer). DT will notify the tutors of the expiry date and it is the tutor’s responsibility to get the DBS updated. DT reserves the right to reallocate this work to another tutor once a tutors DBS expires.

New Tutors

All new tutors joining DT will be required to have an updated Enhanced DBS Check with Child Barring Service, unless they are registered on the DBS Update Service prior to starting. Tutors who teach or reside in Scotland, Wales, NI or abroad may be subject to additional checks at the request of DT.

Section 243 of KCSIE 2023 states “Once the checks are complete, the DBS will send a DBS certificate to the applicant. The applicant must show the original paper DBS certificate to their potential employer before they take up the post, or as soon as practicable afterwards.”

Driven Tutors uses ChecksDirect, a certified screening provider to carry out any new criminal background checks.ChecksDirect provides a traffic light result to DT on whether a tutor has convictions before sending a certificate to the individual. DT uses this result to determine appointments.

All tutors must send through a copy of their DBS certificate to DT once it has been issued.

Tutors will not be allowed to teach until we have received the results of their DBS check from our DBS online screening partner. Tutors will then have an additional 3 months from the point of going live to upload a copy of their certificate, they will be supervised during this time through our lesson observation processes and by the teacher in the school.

Tutors on the Update Service will be expected to provide a copy of the original DBS certificate to DT so a check can be conducted before they begin to teach at Driven Tutors.

For Tutors requiring a new check, Driven Tutors will cover the initial cost during onboarding. Tutors will have the option to pay upfront or repay the cost through few hours of tutoring. If tutors do not repay the full cost within 1 year, they will be expected to make a one-off payment of the outstanding amount.

As an organisation using disclosure information for the purpose of assessing an applicant’s suitability for employment purposes we undertake to treat all applicants fairly. We undertake not to discriminate unfairly against any subject of a disclosure on the basis of a conviction or other information revealed.

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

A disclosure should only be requested after a thorough risk assessment has indicated that one is both proportionate and relevant to the position concerned. For those positions where a disclosure is required, all application forms, job adverts, and recruitment briefs will contain a statement that a Disclosure will be requested.

Unless the nature of the position allows us to ask questions about your entire criminal record, we will only ask about “Unspent” convictions as defined in the Rehabilitation of Offenders Act 1974.

We ensure that all those within the company who are involved in the recruitment process have been suitably trained to identify and assess the relevance and circumstances of offences. We also ensure that they have received appropriate guidance and training in the relevant legislation relating to the employment of ex-offenders, e.g. The Rehabilitation of Offenders Act 1974.

Having a criminal record will not necessarily bar individuals from working in specific industries. It will depend on the nature of the position and the circumstances and background of your offences.

Checks will also be made on the applicant’s academic and vocational qualifications and further checks made on TRA Teacher Services system to ensure they are not prohibited from teaching under a teacher prohibition order.

Safeguarding Training (including Prevent and Online Safety training)

DT believes that training and raising awareness of safeguarding issues, policies and procedures is fundamental to the development and maintenance of a safer environment, safer organisation and safer staff/ tutors.

We ensure that appropriate safeguarding training is provided to all staff and tutors to assist them in:

• Preventing abuse
• Recognising abuse
• Recording concerns
• Responding appropriately to allegations of abuse
• Knowing who to tell, and
• When information can be shared.

Safeguarding training at the appropriate level to the role and responsibilities held is a mandatory element of all inductions for staff and tutors and this knowledge is refreshed on an annual basis. Furthermore, safeguarding training is not regarded as a 'once only' activity, but as an ongoing development of skills and knowledge of safeguarding practices, via bulletins, safeguarding meetings and awareness training.

DT takes their duty under section 26 of the Counter-Terrorism and Security Act 2015 seriously, and has due regard to the need to prevent people from being drawn into terrorism. We deliver mandatory Prevent training to all our tutors and staff when they join the organisation.

DT also understands that the online world is intrinsic to young people’s lives and, whilst the internet can be an incredibly positive experience for young people, there is potential for it to be a cause of harm. As such, all staff are trained to recognise online harms and how to report these concerns to the DSL, as well as understanding how DT protects children and staff using the platform.

DT keeps a record of all training completed and has a “pass rate” record to confirm the status of all courses.

Disclosure update service

The DBS disclosure update service allows individuals to register their details online with the DBS (as part of their Enhanced Disclosure application).

Applicants may sign up to the service for an annual fee, which is payable by the applicant to keep their DBS certificate details updated. This means that any future employers can quickly check the certificate online which will avoid many unnecessary repeat applications.

Any gaps in employment/engagement longer than three months will normally require a new Enhanced Disclosure check to be undertaken. We suggest employees to sign up to the DBS update service so that repeat checks can be carried out quickly and easily on a regular basis.

Overseas criminal record check
If DT does not consider the DBS certificate alone as sufficient (because it would not cover offences committed abroad), DT will require whatever evidence of checking is available from the person’s country of origin (or any other countries in which they have lived) before the appointment is confirmed.
An overseas check will be required where the applicant has lived and/or worked abroad for three months or more in the last five years in accordance with ISI requirements. The Home Office has published updated guides on what checks are available from different countries. A UK national, returning after working in a foreign country, is required to obtain a certificate of good conduct or equivalent from the country/countries in question. DT will request extra references from countries that do not provide criminal record checks or should the overseas criminal record check be delayed. If an employee needs to start prior to receipt of the overseas police check, DT will confirm a start date provided that a risk assessment and all other pre-employment checks, including DBS and reference checks, are in place.

Prevention of illegal working – document checks

All candidates attending interview will be required to confirm right to work in the UK and their settlement status in the UK. Further details on the exact nature of documents to be provided will be sent to shortlisted candidates prior to interview

Data protection and retention of records

Candidates will be required to provide certain information to enable DT to carry out the checks that are applicable to their role. DT will be required to provide certain information to third parties, such as the Disclosure and Barring Services. Failure to provide requested information may result in DT not being able to meet its employment, safeguarding or legal obligations. DT complies with its legal obligations under the Data Protection Act 2018 and the EU General Data Protection Regulation (GDPR) and will process pre-employment information in accordance with the DT Applicant Privacy Notice.

If the applicant is successful, personal data gathered during the recruitment process (with the exception of DBS information) will be transferred to the new employee’s personnel file and retained during their employment. DBS certificate information will not be kept any longer than is necessary. This retention will allow for the consideration and resolution of any disputes or complaints or be for the purpose of completing safeguarding audits. Once the retention period has elapsed, DT will ensure that any DBS certificate information is immediately destroyed. Details about how DT processes employee data and the periods for which data will be held is set out in DT’s Employee Privacy Notice and Data Protection Policy.

This policy is primarily concerned with the promotion of safer recruitment and details the pre-employment checks that will be undertaken prior to employment being confirmed. Whilst these are pre-employment checks, DT also has a legal duty to make a referral to the DBS in circumstances where an individual:

• has applied for a position at DT despite being barred from working with children
• has been deployed to another area of work that is not regulated activity (whether paid or unpaid), or has been suspended or has resigned prior to being redeployed, because they have harmed, or pose a risk of harm, to a child (the harm test)

If the individual referred to the DBS is a teacher, DT may also decide to make a referral to the Teaching Regulation Agency.

Appendix A: Background

DT will not unfairly discriminate against any applicant for employment on the basis of a conviction or other details revealed. DT complies with the Disclosure and Barring Service (DBS) Code of Practice and makes appointment decisions based on skills, qualifications and experience. If an applicant has a criminal record, this will not automatically bar them from employment within DT. Instead, each case will be decided on its merits in accordance with the objective assessment criteria set out below.

All positions within DT are exempt from the provisions of the Rehabilitation of Offenders Act 1974. All applicants must therefore declare all previous convictions and cautions, including those which would normally be considered "spent", except for those to which the DBS filtering rules apply. A failure to disclose a previous conviction (which should be declared) may lead to an application being rejected or, if the failure to disclose is discovered after employment has started, may lead to summary dismissal on the grounds of gross misconduct or the job offer being withdrawn. A failure to disclose a previous conviction may also amount to a criminal offence.

It is unlawful for DT to employ anyone who is barred from working with children. It is a criminal offence for any person who is barred from working with children to attempt to apply for a position at DT. DT will make a report to the Police and /or the LADO, in the first instance, if:

• it receives an application from a barred person
• it is provided with false information in, or in support of, an applicant's application
• it has serious concerns about an applicant's suitability to work with children

A subsequent referral to the DBS and/or the Teaching Regulation Agency may also become necessary.

Appendix B: Assessment criteria and procedure

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

• whether the conviction or other matter revealed is relevant to the position in question
• the seriousness of any offence or other matter revealed
• the length of time since the offence or other matter occurred
• whether the applicant has a pattern of offending behaviour or other relevant matters
• whether the applicant's circumstances have changed since the offending behaviour or other relevant matters
• the circumstances surrounding the offence and the explanation(s) offered by the convicted person

Most DT posts involve regular contact with children. Therefore, it is normal for DT to consider it a high risk to employ anyone who has been convicted at any time for any of the following offences:

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

If the post involves access to money or budget responsibility, it is normally DT policy to consider it a high risk to employ anyone who has been convicted at any time of robbery, burglary, theft, deception or fraud.

In the event that relevant information (whether in relation to previous convictions or otherwise) is volunteered by an applicant during the recruitment process or obtained through a disclosure check, DT will carry out a risk assessment by reference to the criteria set out above. The risk assessment must be signed by the Safeguarding Manager before a position is offered or confirmed.

If an applicant wishes to dispute any information contained in a disclosure, they can do so by contacting the DBS direct. In cases where the applicant would otherwise be offered a position were it not for the disputed information, DT will (where practicable and at its discretion) defer a final decision about the appointment until the applicant has had a reasonable opportunity to challenge the disclosure information.

Appendix C: Retention and security of disclosure information

DT’s policy is to observe the guidance issued or supported by the DBS on the use of disclosure information.

In particular, DT will:

• store disclosure information and other confidential documents issued by the DBS securely
• not retain disclosure information or any associated correspondence for longer than is necessary
• DT will keep a record of the date of a disclosure, the name of the subject, the type of disclosure, the position in question, the unique number issued by the DBS and the recruitment decision taken
• ensure that any disclosure information is destroyed by suitably secure means
  · prohibit the photocopying or scanning of any disclosure information without the express permission of the individual

Date of Next Review: September 2025