Safe recruitment guidance - Contractors and externally provided workers

Engaging contractors   

All employees involved in commissioning/procurement must ensure that, where applicable, all  contracts and agreements are compliant with the safeguarding principles, practices and  obligations on CCC, the school relevant to the services they are providing.

For example, service providers are required by Council to ensure relevant DBS checks are carried out on their employees where applicable. Contractual terms must require  providers to give declarations that they are compliant with the appropriate recruitment and DBS referral practices for their contracted service area.     

Externally provided workers (such as agency workers and consultants)    

An agency is legally the employer of any agency workers and the responsibility to obtain a  relevant check is theirs. When using staff from a supply agency, managers/ headteachers must satisfy themselves by having a written confirmation from the supplier that the appropriate pre- employment checks, including DBS checks, have been carried out.

When an agency deploys an agency worker (for example to a school or council etc), the  individual does not usually require a new DBS check between their placements, provided that their DBS check is at the right level for the work being carried out.

However, where an agency or casual worker, who works intermittently, has not worked for three months  or more their employer must apply for a new DBS check. Alternatively, if the casual worker has  registered with the DBS Update Service, a DBS status check may be undertaken (See Appendix  A.)

If an agency worker changes their employer (e.g. a supply teacher changes agency over the  summer holidays, but wishes to continue to carry out work in the same school at the beginning of  the new term) they will require a new DBS check and the manager or headteacher will need written  confirmation as above.    

Self-employed contractors who are engaged will be subject to the same DBS check requirements  as employees.  If a self-employed contractor does not have an appropriate DBS check then the council HR, Payroll and Recruitment Admin or HR Provider may be able to facilitate this.   

For further advice or guidance on the content on this procedure, please contact People Management or the School HR provider.