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Safe recruitment guidance - Safeguarding
Declaring a Change of Personal Circumstances (Safeguarding)
Individuals are contractually required to declare any convictions, cautions or, actions that may be the subject of a police investigation, where these are relevant to the role that the individual is carrying out.
Additionally, individuals should report any change in personal circumstances that may impact on their suitability or appropriateness to carry out certain activities, or work with particular individuals or service users, for example, where there is a conflict of interest or where a restraining order is in place. All declarations should be made, without delay to their line manager and failure to disclose will be a disciplinary matter.
Identifying and reporting a cause for concern
It is the responsibility of all employees to support a safe working environment and report any cause for concern appropriately. A cause for concern could include; suspected neglect, abuse, mistreatment, exploitation, theft, poor care / professional practice, criminal activity or disqualification from working with certain groups. It extends to conduct or circumstances outside of the working environment which may impact on the suitability of individuals undertaking certain activities.
Any cause for concern regarding the conduct of an individual should be reported to their line manager without delay. Where the cause for concern relates to that manager, the issue can be raised to the next level of line management. Alternatively, employees may wish to use the Whistleblowing Policy to raise concerns.
Addressing a cause for concern
A line manager can receive a cause for concern from a number of sources (including a fellow colleague, the DBS, police and so on). Line managers must arrange to meet with the individual immediately to discuss any new concerns. This should be addressed in line with the preliminary stages of the Disciplinary Procedure.
Safeguarding allegations involving children
Council has a Local Authority Designated Officer (LADO) who is involved in the management and oversight of individual cases involving safeguarding allegations against individuals who work with children. The LADO must be informed of all safeguarding allegations against adults who work with children as soon as possible and no later than 1 working day. The LADO provides advice and guidance on safeguarding procedures and where applicable, is involved in the initial phase of the allegation through to the conclusion of the case. Further information is available on the Cumbria Safeguarding Children Partnership website.
Safeguarding allegations involving adults at risk
Council has a Position of Trust Lead who is involved in the management and oversight of safeguarding cases involving Adults at risk. The Position of Trust Lead must be informed of all allegations against staff members were there is a cause for concern relating to individuals who work with adults that appear to have health and/or social care needs.
Referrals to the DBS and Regulators
Some incidents may require a referral to the DBS for their determination as to whether the
individual needs to be barred from working in certain activities. Managers or headteachers must seek advice from HR/the HR Provider and the LADO/Position of Trust Lead as soon as they are advised of an incident which may need to be referred to DBS.
The Position of Trust Lead can advise if the matter should be made known to the Care Quality Commission (CQC) who must be notified of certain incidents, events and changes that affect a service or the people using it. This includes where there is a risk of abuse or allegation of abuse involving a person using adult social care services.
Employers and employees are responsible for adhering to guidance, codes of conduct and best practice of regulators such as Ofsted, the Nursing and Midwifery Council and the Health and Care Professions Council. Referral to the candidate’s professional body may be appropriate and advice must be sought from HR/HR Provider.
Continuous Safeguarding
As part of our commitment to safeguarding, individuals are required to undertake safeguarding declarations and training on appointment and as required by council or the School.
Induction
During the induction process, all individuals who work with vulnerable adults/children are required to undertake “Safer Employment” training. This is an E-Learning course which is available on the Learning pool or School Portal. This training applies to individuals who will be working for the council or school on a paid basis and individuals who regularly volunteer with the council/school.
In addition, before an individual can work unsupervised with a child or vulnerable adult, their induction must take account of recognised standards and safeguarding arrangements within their sector and role.
E-Learning
If an individual is working in a role that requires a DBS check, they will be required to complete the Safer Employment e-learning training on an annual basis. This includes those that work for the council on a Volunteering/ EPW basis.
Changes to the job, internal Movers and portability
If an individual transfers to another role within council, a Community School or Voluntary Controlled School, their move is classed as an internal move and their DBS will be transferable. This is provided that:
- they have been working regularly in the position
- there is no gap in employment
- the same level of clearance is needed between their old and new role
However, if the level of DBS clearance needed between their old and new role is different, managers need to consider if a new DBS check is needed. For example, if an existing employee has had a standard DBS check and they move to an internal position that requires an enhanced check, they will need a new DBS check as the level of clearance needed in the new role is higher than their existing role.
DBS checks are not “portable” where the individual changes employer, unless the individual is registered with the DBS Update Service. See Appendix A for more details on the update service.
Find out if a DBS check is needed (GOV.UK)
Automatic rechecks every three years
Employees who occupy particular roles within council will be required to undertake a new DBS check, every three years. Those registered with the update service will have their status checked no less than once every three years. Employees and managers will receive a reminder email if their DBS recheck is due.
Schools can request a DBS recheck for employees every three years should they wish to do so.
Where rechecks are carried out, schools should ensure the information is recorded accordingly and not held against the Single Central Record which requires pre-employment DBS information.
The council or school reserves the right to regularly check an individual’s Disclosure and Barring Service (DBS) status where necessary.
Resources and ICT Access
When individuals move roles or are suspended/redeployed from duty, consideration needs to be given to the resources, equipment and ICT systems they have access to. Managers must take the appropriate steps to ensure that employees have relevant and appropriate access to what is required in the course of their employment, for example access to an ICT system is removed or uniforms are retrieved when an individual moves roles or leaves.