KCSiE 2022 updated guidance: Online checks for prospective employees
14 June 2022
The government have recently published updated guidance in relation to Keeping Children Safe in Education (KCSiE) 2022.
A key change in relation to previous guidance includes a recommendation regarding carrying out online checks of candidates during the recruitment process.
We cover below the full recommendation and advise on some safeguards around the downsides to carrying out online checks.
The updated KCSiE guidance (para.220) states: -
“As part of the shortlisting process schools and colleges should consider carrying out an online search as part of their due diligence on the shortlisted candidates. This may help identify any incidents or issues that have happened, and are publicly available online, which the school or college might want to explore with the applicant at interview.”
The updated guidance can be accessed here.
Considerations
Doing an online search and checking social media accounts is an important decision. Carrying out the check may pick up points of concern. However, it does carry risk. The ACAS website highlights the risks of issues arising if the person has not consented or if checks were not carried out on everyone. It is also important to be clear regarding the purpose for carrying out the check. For example, if a social media profile was checked then there is a risk of adverse views being formed on the basis of protected characteristics which could give rise to a discrimination claim.
To mitigate these risks, we recommend that documents sent to the applicant very clearly set out the reasons why checks will be carried out and what will be recorded. This could include:
Gaining consent - Ensure job applicants are aware of the KCSiE 2022 updated guidance and that you will be undertaking online checks that involve screening of social media profiles. Gain consent for this by adapting application forms when placing new job adverts.
Safeguard around equal opportunities – Outline what safeguards your school/college has in place to make sure the checks are not discriminatory. For example: -
That the online checks are used only to meet the intended purpose of the KCSiE’s recommendation in relation to whether an applicant is suitable to work with children and young people. No other aspects of their personal profiles will be used to form an opinion of the candidate. Appropriate records to be kept in this regard.
State that you are an Equal Opportunities Employer and do not discriminate unlawfully against or harass any person on the grounds of any of the protective characteristics.
Staff involved in recruitment are fully trained and policies adhered to.
Measures such as these will help to ensure compliance with the law and reduce the risks of potential claims.