Legislation and policies
There is specific legislation covering safer recruitment in the Further Education and Skills sector. Other policies will also apply to candidates applying for roles in your organisation. As with other legislation, it is not necessary for staff to know each document inside-out unless they have a specific responsibility in this area, but a good working knowledge can be very useful.
Click the Next item button to build a list of the relevant legislation and policies. When the list is complete think about your own approach and consider the question opposite.
Specific legislation and policies covering safer recruitment in the Further Education and Skills sector include:
Safeguarding Vulnerable Groups Act 2006 (amended in 2012)
Safeguarding Children and Safer Recruitment in Education 2007
Protection of Freedoms Act 2012
Disclosure and Barring Service (DBS) checks
Rehabilitation of Offenders Act 1974
The Equality Act 2010
Safer recruitment policies
Equality and Diversity policies
Rehabilitation of Offenders policies
Bearing in mind the legislation, how would you keep recruitment fair and in line with principles of equality and diversity while ensuring it safeguards learners?
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A balance must be found between creating a safer learning environment and allowing all possible members of staff a fair chance.
Safer recruitment legislation and approaches aim to prevent unsuitable people coming into contact with learners by being in positions of trust.
These safeguards must be offset against other laws and policies affecting recruitment. Equality and diversity legislation means that organisations must not discriminate against individuals for unfounded reasons. The Rehabilitation of Offenders Act 1974 enables some criminal convictions to become 'spent' or ignored after a 'rehabilitation period', although many positions that involve contact with children and young people are exempt from this.
Such legislation is in place to ensure everybody is treated fairly. It is vital to consider these points when recruiting and to make sure that the right balance is struck between being safe and not being discriminatory, whilst remaining within the bounds of the law.