Seeking and perusing up to date references for agency staff

Several issues have arisen recently in relation to the employment and conduct of agency staff.

One of the emerging issues is the importance of always obtaining and perusing up to date references for agency staff.  Schools should expect to see at least one reference from another school in which a temporary member of staff has worked for a substantive period, i.e. more than just a few days. 

If temporary staff have had a series of very short placements, schools are encouraged to be curious about that pattern and to request sight of a reference from a school in which the individual worked for a longer period.

The same principles in relation to references, as set out in Keeping Children Safe in Education (DfE 2019), should be applied in the recruitment of temporary staff as for permanent staff, i.e.

144. Employers should always ask for written information about previous employment history and check that information is not contradictory or incomplete. The purpose of seeking references is to allow the school or college to obtain objective and factual information to support appointment decisions. References should always be obtained from the candidate’s current employer. Where a candidate is not currently employed, verification of their most recent period of employment and reasons for leaving should be obtained from the school, college, local authority or organisation at which they were employed.

145. References should be scrutinised and any concerns resolved satisfactorily, before the appointment is confirmed, including for any internal candidate. Employers should not rely on open references, for example in the form of ‘to whom it may concern’ testimonials, nor should they only rely on information provided by the candidate as part of the application process without verifying that the information is correct. Where electronic references are received, employers should ensure they originate from a legitimate source.

146. On receipt, references should be checked to ensure that all specific questions have been answered satisfactorily. The referee should be contacted to provide further clarification as appropriate, for example if the answers are vague or if insufficient information is provided.

147. Any information about past disciplinary action or allegations that are disclosed should be considered carefully when assessing the applicant’s suitability for the post.

As with all guidance in relation to safer recruitment, the emphasis is on schools doing everything possible to ensure they are only giving suitable adults opportunities to have face-to-face contact with children.

Schools are therefore advised to ensure that they DO NOT:

• allow an agency member of staff to start working with children without the proactive supervision of somebody else who is in Regulated Activity before obtaining and scrutinising at least one reference from another school/setting in which the agency member of staff has worked recently and for a substantial period of time.

• take it on trust a statement from a staffing agency that an individual has received positive references.  Always ask to see those references.

• in the event of any concerns/discrepancies in references, allow an agency member of staff to start working with children without the proactive supervision of somebody else who is in Regulated Activity until, and unless, you have resolved the concerns/ discrepancies.
  
  
• take it on trust from a staffing agency that they have resolved any concerns/discrepancies.  Always speak to referees directly to address any issues.
  
  
• allow the agency member of staff to start working with children without discussing any concerns with them; checking how recently and what level of safeguarding training they have received; and providing them with a practicable induction into your safeguarding arrangements (DSLs, recording and reporting concerns, key expectations as set out in your staff behaviour policy).