1. Introduction
NEO is an employment business supplying temporary workers within the education sector. All work seekers must undergo thorough vetting procedures before placement or assignment with clients. This policy ensures compliance with legislation and the Department for Education’s guidelines: Keeping Children Safe in Education. We also gather client feedback post-placement.
2. Recruitment and Selection
2.1 Face-to-Face Interviews
Before placing any work seekers, NEO meets with them either in person or via video call. Work seekers are asked to provide their CV and relevant documentation prior to the interview. During the interview, a qualified consultant assesses their suitability by discussing work history, qualifications, and assessing their understanding of protocols and potential responses to scenarios.
If the interview is successful, we proceed with pre-employment checks.
2.2 Right to Work Checks
NEO conducts right to work checks for all work seekers to comply with immigration and equality laws. We perform either a physical document check or an online check to verify a candidate’s eligibility to work. From 6th April 2022, employers can use certified digital identity service providers (IDSP) for right-to-work checks for British and Irish citizens.
While it’s not mandatory to use a certified IDSP, the Home Office recommends it. We use Yoti, a certified IDSP, for right to work checks when candidates don’t present physical documents but are British or Irish citizens.
Physical Right to Work Checks
We follow the Home Office three-step process for physical checks:
- Obtain Original Documents: The work seeker must provide a document from LIST A or a combination of documents from LIST B of the Home Office checklist. Only original documents are accepted.
- Validate Documents: We check that the documents are genuine, consistent with the work seeker, and that the permission to work has not expired.
- Make Copies: We make a copy of the relevant pages of the document in a non-rewritable format (photocopy, scan, etc.). We retain copies securely for the duration of the engagement and two years afterward.
Online Right to Work Checks
For online checks:
- We use the Home Office online service to confirm the work seeker’s right to work.
- We verify that the photograph matches the individual.
- We store the online check response securely for the duration of the employment and for two years afterward.
2.3 ID and Proof of Address Checks
In addition to right-to-work verification, work seekers must provide two documents for identity and address verification. Acceptable documents include a driving license, utility bill, bank statement, or government correspondence with the individual’s National Insurance number.
Copies of these documents are securely stored for the duration of the work seeker’s engagement with NEO and for one year afterward, after which they are securely destroyed.
2.4 References
In accordance with Regulation 22 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (and the terms of the Crown Commercial Service (CCS) Framework), NEO requires at least two references covering the previous two years of employment for all work seekers. One reference must come from the work seeker’s most recent employer. References must be from non-family members who give their consent for the reference to be forwarded to our clients.
We verify all references by contacting the referees directly, either by telephone or email.
Verbal references will be recorded, and a copy of the record will be sent to the referee via their school email address for confirmation. The referee must provide written confirmation that the record is accurate and consent to forward it to a third party. If the referee does not provide written confirmation, the reference will not be accepted.
Open references may be accepted, provided they include the following information:
- Dates of employment
- The role the work seeker held
- Whether the work seeker is deemed suitable to work with children
- Whether the referee would re-employ the work seeker
- Any disciplinary actions, if applicable
References from other employment businesses must, as a minimum, include employment dates and details of any safeguarding issues, if known.
3. Vetting
3.1 Rehabilitation of Offenders Act Declaration
During the registration process, all work seekers are required to complete our Rehabilitation of Offenders Act Declaration and disclose all spent and unspent convictions, subject to the filtering rules.
If a work seeker discloses any convictions, NEO will consult with the Teacher Regulation Agency, or for Wales, the Education Workforce Council, and the REC’s legal helpline for advice and guidance regarding the suitability of the work seeker to work in the education sector.
3.2 Rehabilitation of Offenders Policy
As an organisation assessing applicants’ suitability for positions under the Rehabilitation of Offenders Act 1974 (Exceptions) Order, NEO fully complies with the DBS Code of Practice. We ensure fair treatment for all applicants.
NEO only requests details of convictions and cautions that we are legally entitled to know about. We do not discriminate unfairly against applicants based on a criminal record and promote equality of opportunity for all, welcoming applications from those with criminal records. We assess candidates based on skills, qualifications, and experience.
NEO ensures that all recruitment staff are suitably trained to assess the relevance and circumstances of offences. At interview, or in a separate discussion, we ensure that an open and measured conversation occurs regarding any offences or matters relevant to the position. Failure to disclose relevant information could lead to the withdrawal of an employment offer.
NEO makes applicants aware of the DBS Code of Practice and makes a copy available upon request.
3.3 Disclosure and Barring Service and Update Service Checks
NEO requires all work seekers to undergo an enhanced Disclosure and Barring Service (DBS) check, including a check on the Children’s Barred List. We verify the original DBS certificate and, with consent, carry out a status check on the DBS Update Service. We store the check details securely and will request a new DBS certificate if the Update Service indicates new information.
If a work seeker is not subscribed to the Update Service, we require a new DBS check and encourage subscription. NEO conducts annual status checks on the Update Service, with the work seeker’s consent.
If a DBS check reveals a conviction or caution, we email the school a copy of the certificate. NEO cannot conduct standalone Barred List checks since the Department for Education removed access to this system in April 2021. All roles require a full enhanced DBS check, which includes a Barred List check.
We ensure that DBS certificates are for Child Workforce only and perform status checks accordingly. If the role is not eligible for both child and adult workforce checks, we will follow the appropriate procedure.
3.4 Online Searches
NEO is committed to safeguarding children and, in line with KCSIE 2022, conducts online searches on all work seekers before offering employment. The purpose of the search is to identify any incidents or issues that may raise concerns about suitability for work with children or general reputational concerns.
Online searches will focus on:
- Suitability to work with children (safeguarding concerns)
- General reputational issues
Details of the online search process can be found in our “Online Searches” policy.
3.5 Overseas Police Checks
All work seekers who have lived and worked in a single overseas country for more than six months in the last five years must provide an overseas police check.
If the work seeker is unable to provide a police check from the relevant country (for example, if the country does not provide police checks), NEO 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.
3.6 Letter of Professional Standing for Work Seekers That Have Lived or Worked Overseas
For work seekers seeking teaching roles, and who have lived or worked overseas, NEO requests sight of a letter of professional standing issued by the professional regulatory authority in the country where the individual worked. This check is completed to confirm the work seeker’s suitability for the role in line with NEO’s obligations under the Conduct Regulations.
Where the letter cannot be obtained, and all reasonably practicable steps have been taken to acquire it, NEO will request the work seeker to provide an alternative document confirming their suitability for the role. This may include a letter of good standing from the head teacher at the school where they worked or additional professional references. If the letter of professional standing cannot be obtained, NEO may refer to the Teacher Regulation Authority Country Evidence table for guidance on other documents that might confirm suitability.
NEO will then inform the client of the steps taken to comply with the suitability requirements set out in Regulation 22 of the Conduct Regulations.
3.7 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, NEO will obtain copies of original qualifications and authorisations, which 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 qualifications, we will also verify the teacher’s qualified teacher status via the Teacher Regulation Agency online portal. Please see further details below.
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, and in Wales, NQTs must complete 3 school terms, which can be done by working 380 sessions (a session is equivalent to either a morning or afternoon of teaching).
3.8 Teacher Regulation Agency / Education Workforce Council (Wales)
NEO will undertake checks via the Teacher Regulation Authority (TRA), or in Wales, the Education Workforce Council (EWC), to check a teacher’s 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.
3.9 Referrals
NEO, 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 NEO 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 the person has engaged in ‘relevant conduct’ or the ‘harm test’ is satisfied, NEO must provide information to the DBS about this matter. Additionally, if NEO 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 is likely to endanger them.
- 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.
NEO has a duty to refer information to the DBS if the ‘harm test’ is satisfied, i.e., if NEO believes 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.
3.10 Fitness to Teach
To ensure compliance with the Education (Health Standards) (England) Regulations 2002, NEO will ask all work seekers to advise us of any health or disability issues they believe are relevant to the role and which may make it difficult for them to carry out functions essential to the role.
If a declaration is made, with consent from the work seeker, we will obtain confirmation from the work seeker’s doctor that the work seeker is fit to teach. If we are unable to obtain this confirmation, we will not proceed with the registration.
If a teacher has been retired on medical grounds by the Department of Education after 1 April 1997, the teacher will not be able to teach, as they have been considered medically unfit. However, if the retirement was before 1 April 1997, the teacher may be able to work if they can provide evidence from a GP that they have the health and physical capacity to teach. In these cases, they can only work a maximum of 2.5 days per week. This requirement only applies in England.
Disqualification
In order for NEO 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.
Disqualification by Association Checks
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 in a domestic setting, we will require a disqualification by association declaration to be signed by candidates before placing them in any roles.
Disqualification Checks
Disqualification checks are required for all candidates seeking work in ‘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.
- Staff who only provide childcare or supervised activities out of school hours for children aged 8 or older and are not involved in the management of relevant provision.
Other Checks – Continued Suitability
To ensure that all work seekers registered with NEO meet safeguarding and suitability requirements on an ongoing basis, at least once a year we will conduct status and Teacher Regulation Authority/Education Workforce Council checks (subject to any shorter period imposed by a client).
Where a work seeker has not worked with us for a period of three to six months, we will conduct status and Teacher Regulation Authority/Education Workforce Council checks and obtain additional references to cover the period in question.
Where a work seeker has not worked with us for over six months, the registration process will be repeated in full.