Safer Recruitment through Better Recruitment
1. This resource is good practice guidance intended to help employers, especially those in social care, early education and childcare and social work to meet existing legislative and regulatory requirements in relation to the safer recruitment and selection of people who work with individuals who receive support and care from social services in Scotland. This guidance replaces the Scottish Government’s national guidance Safer Recruitment Through Better Recruitment (2007).
The guidance details robust recruitment processes that can help employers ensure that unsuitable staff do not gain access to children or protected adults. Best practice recruitment approaches are crucial to ensure that the right people, with the right skills and values are recruited into roles. The emphasis on values-based recruitment moves the guidance from being focused solely on compliance and protection to one which demonstrates, and will actively support, broader improvements in the delivery of care. We know from scrutiny evidence that there is a close relationship between the quality of staffing in care and the outcomes for people using it. Ensuring that the skills, values and attitudes of potential employees match the post being recruited to is an important element of building a strong, stable staff team which supports better outcomes for people.
It also supports Scottish Ministers' expectation that employers will work towards continuous improvement of their safer recruitment practice in relation to those who will work with the most vulnerable people.
Approaches brought in through the Protection of Vulnerable Groups (Scotland) Act 2007 are a key plank in stopping people who are unsuitable from gaining access through work to children or protected adults. However, this is only one element of a rigorous safer recruitment and selection process, which goes beyond preventing harm and instead helps to improve the quality of care.
2. This guidance replaces the 2007 guidance and was developed by the Safer Recruitment Group (see membership at Annex A) led by the Scottish Social Services Council and the Care Inspectorate with representation from a wide range of key stakeholders including employers from both the statutory and independent sectors, representatives from the membership umbrella bodies. professionals from social work services and human resources, representation from the regulatory and inspection bodies, Disclosure Scotland and the Home Office. This work is one of the ‘supporting the workforce’ actions from the Social Services in Scotland: a shared Vision and Strategy 2015-2020
3. In areas where there are no statutory provisions, for example the issuing of references, the expectation of regulatory and scrutiny bodies on employers of social service workers has been made more explicit.
Each stage of the recruitment process has been presented sequentially, with ‘key elements’ and ‘further considerations’. This will allow employers to more easily obtain the level of detail they require about a particular issue. Practice examples – such as tools, process maps and materials - from the sector have been included where there is the opportunity to share effective practice, and case scenarios have been included to encourage shared learning and collaborative problem-solving in the sector.
4. This guidance is designed to help employers to:
- meet legal and regulatory requirements
- make sure potential applicants are aware of the organisation’s commitment to the welfare of vulnerable people
- be satisfied that each candidate has demonstrated their suitability for the specific position
- be satisfied, as far as possible, at each stage of recruitment and selection that the candidate is safe to practice
- be satisfied at each stage of the process that the best candidate(s) have been selected to progress to the next stage
- be satisfied of the candidate’s identify, qualifications, registration and right to work status
- involve people who use care in recruitment and selection
5. It will also allow employers to achieve positive outcomes for people using care by illustrating effective approaches, as well as reinforcing statutory requirements. The overarching principles are consistent with approaches in health, the Health and Social Care Standards, and the SSSC Codes of Practice issued in accordance with the Regulation of Care (Scotland) Act 2001 and its associated Statutory Instruments.
6. This guidance is however not a comprehensive guide to recruitment and selection or employment issues. It does not cover all issues relevant to that subject. You will need to seek your own human resources or legal advice when appropriate. Neither is it a substitute for training in those areas, or in interviewing and assessment techniques. This guidance does not oblige employers to follow every detail described in each section but is presented to help support effective practice.
7. This guidance has been designed to be most helpful when recruiting staff to work in:
- a support service
- care at home
- a care home
- school care accommodation
- a nurse agency
- a child care agency
- secure accommodation
- offender accommodation
- adoption and fostering
- adult placement
- child minding
- day care of children
- housing support
- social work provision
- criminal justice social work and community justice
Download a copy of the Safer Recruitment guidance by clicking here.
Developing your recruitment policy
- Your Recruitment Policy
- Equal Opportunities
- Involving People Who Use Services in Recruitment and Selection
- Application Form
- Innovative Recruitment
- Retaining Recruitment Information
Your recruitment policy | |
Key elements | Links to further guidance and practice examples |
Be clear that your recruitment policy follows safer recruitment guidelines. It should be fair and must be compliant with all relevant legislation, and help lead to positive experiences and outcomes for people who use care. An explicit written recruitment policy can help show your organisation’s commitment to safeguarding and promoting the welfare of people. Key statements from your policy may be included in:
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Skills for Care- Values based recruitment and retention guide Skills for Care – Employing your own care and support information hub Health and Social Care Standards SSSC registration regulations 6 month rule Care service record keeping & notification requirements Personnel data and record keeping Practice example 1 Pre & post employment checks |
Further considerations | |
Your policy should refer to the stages of the recruitment process and how your organisation intends to approach these. For example:
The provision of references to other social service employers on behalf of an employee (or former employee) providing information on suitability is an essential undertaking. You should have clear guidance
Consider highlighting that an applicant having convictions is not necessarily a barrier to their employment. A robust procedure will include a process for dealing with recruitment complaints. Consider highlighting that an applicant having convictions is not necessarily a barrier to their employment. A robust procedure will include a process for dealing with recruitment complaints. |
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Equal Opportunities | Back to the top |
Key elements | Links to further guidance and practice examples |
Equal opportunity principles should be applied throughout the recruitment process but should not be seen as a barrier to rigour. Ensuring that your practices and strategies promote equal opportunities and people’s human rights should not make employers overly cautious. The key is to treat all applicants fairly and ensure people’s individual needs during recruitment are considered. Collecting sensitive information on disabilities, race or sexuality to help monitor equal opportunities is acceptable but, only if the information is used for that purpose. Where possible use anonymised information. If there is any doubt as to whether adopted practices and strategies do comply with equal opportunities and/or human rights legislation, consider contacting the Equality and Human Rights Commission for Scotland for advice or seek independent legal advice. |
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Further considerations | |
A tool such as the personal interview is an effective way of looking at skill, suitability and fit. Applicants should be made aware that:
All applicants should be asked to address the same issues at interview (though information revealed by individuals may of course take the discussion in varying directions and require further supplementary questions that will differ for each candidate). The areas explored must be those which relate to the post applied for. |
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Involving people who use services in recruitment and selection | Back to the top |
Key elements | Links to further guidance and practice examples |
It is good practice to involve people who use services and/or their relatives in recruitment. This should be carried out in a meaningful and appropriate way which is in line with your recruitment policy. Various methods include:
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Practice example 1 Interview by young person Practice example 2 Involving service users Practice example 3 Out of School Care children’s involvement in staff recruitment |
Further considerations | |
You should think about the following issues.
In planning how you will involve people who use care in your recruitment, you should think about these issues and how you will mitigate any risks. |
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Application form | Back to the top |
Key elements | Links to further guidance and practice examples |
A focused but comprehensive application form or online process can make a strong statement on rigour and commitment to safety and can deter those who know their practice is unsafe whilst encouraging those who wish to work for a quality employer. Application forms allow an employer to obtain a common set of core data from all applicants. An application form should seek:
The form, if paper based, requires to be signed by the applicant. Be clear that as a prospective employer you may contact any former employer in addition to the referees nominated by the applicant.
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Disclosure Scotland- guidance on spent/unspent convictions Practice example 1 Applicant profile – Availability and work history (care assistant) Practice example 2 Application form (care assistant) |
Further considerations | |
Serious consideration should be given to developing post-specific application forms where contact with vulnerable people is important. At the very least, the additional information regarding convictions needed for certain posts should be sought in an addendum to an organisation-wide form. Convictions- The law requires the following always to be disclosed
Make clear on the application form that Disclosure Scotland/ PVG scheme membership checks or regulatory body registration checks will be carried out. Ensure application forms are not discriminatory. For example, to require a form to be filled out ‘in your own handwriting’, where written English is not relevant to the post, may discriminate against applicants whose first language is not English or applicants with disabilities that affect writing ability – an issue which may be avoided by making an electronic version of the form available. |
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Innovative recruitment | Back to the top |
Key elements | Links to further guidance and practice examples |
Ensure your initiatives complement the SSSC value based recruitment standards Think about different routes to recruitment to obtain a broader diversity of applications, for example:
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Skills for care -value based recruitment Developing the young workforce |
Retaining recruitment information | Back to the top |
Key elements | Links to further guidance and practice examples |
Only retain information obtained through a recruitment exercise for as long as there is a clear business need for it. |
ICO- Quick guide to employment practice ACAS- Personal data and record keeping Retention of PVG and Disclosure Information Disclosure of employee information under TUPE Personnel data and record keeping Quick guide to employment practices code |
Further considerations | |
You may choose to retain recruitment records for a longer period of time, six months to one year, in case of a recruitment complaint, discrimination challenge, or to assist in the assessment of ways to improve the recruitment process for future vacancies. You may wish to keep more information for longer about successful candidates. The Care Inspectorate expects employers to retain full records for people who are appointed. |
Defining the post
Competencies framework | |
Key elements | Links to further guidance and practice examples |
The development of accurate job descriptions and person specifications is important to ensure that the right people with the right skills, knowledge and experience apply for the role. It allows you to clearly state what the role entails and allows candidates to assess their own suitability for the role prior to applying. Specific competencies for the post should be identified through a process of job analysis. The competencies will help provide an accurate job description and person specification. This allows employers to specify requirements and applicants to assess their own suitability for the post. In developing competencies, employers may wish to take account of the National Occupational Standards which are specific to practice areas. |
SSSC qualification requirements |
Further considerations | |
In the social work, early years and social care sector, the National Occupational Standards have been developed by the SSSC and are available on their website. The National Care Standards principles outline the underpinning values expected of those working in the care sector. Consider any SSSC qualification requirements for the post, or requirements from any other regulators. |
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Job description | Back to the top |
Key elements | Links to further guidance and practice examples |
Job descriptions should clearly state the main duties and responsibilities of the post including the individual’s responsibility for promoting and safeguarding the welfare of people s/he will be providing support or care for or comes into contact with. |
Practice example 1 Job description – Care assistant Practice example 2 Job description – Playworker Practice example 3 Job description – Care home Practice example 4 Job description – Learning disabilities social worker Practice example 5 Job description – Community mental health team social worker Practice example 6 Job description – Social care officer Practice example 7 Job description – Support practitioner Practice example 8 Job description – Support worker Practice example 9 Job profile – Community care social worker Practice example 10 Job profile – Care assistant Practice example 11 Job profile – Social care worker Practice example 12 Job profile – Trainee social care worker |
Person specification | Back to the top |
Key elements | Links to further guidance and practice examples |
A person specification sets out a profile for the post and of the ideal person to fill it. It should clearly state what are essential and what are desirable skills and qualifications. It should:
It is good practice to explain how these requirements will be tested and assessed during the selection process. |
Skills for Care- Values based recruitment and retention guide- person specification document ACAS Person Specification template Health and Social Care Standards Practice example 1 Person specification – Social care worker Practice example 2 Personal specification – Senior social care worker Practice example 3 Personal specification – Social care officer Practice example 4 Person specification – Social worker Practice example 5 Person specification – Social worker 2 Practice example 6 Person specification – Support practitioner Practice example 7 Person specification – Trainee social care worker |
Further considerations | |
Be clear what is essential and what is desirable. Think about development opportunities, registration and qualification requirements. In addition to applicants' ability to perform the duties of the post, the interview may also explore issues relating to safeguarding and promoting the welfare of people including (see section on the 'personal interview'):
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Advertising and shortlisting
Advertisment | |
Key elements | Links to further guidance and practice examples |
The advertisement should be concise and easily understood. If possible, include the following information or a link to where this detailed information can be found, such as from websites or in an application pack:
You should be clear about the nature of the work and how applicants should respond to the advertisement. Consider including alternative formats, for example audio files, tape or Braille where needed. Space permitting, the advertisement may include information about the qualities, skills and knowledge essential for the post and career development opportunities. Advertising jobs well may help promote interest in the sector amongst people with the right skills and values but who might not have considered working in care. |
Skills for Care- Values based recruitment and retention guide- post advert document, values poster Practice example 1 Advert - Social Worker Practice example 2 Advert – Assistant manager Practice example 3 Advert – Early years educator Practice example 4 Advert – Nursery worker Practice example 5 Advert – Support workers Practice example 6 Advert – Social care support worker Practice example 7 Advert – Social care worker Practice example 8 Advert – Social Worker Child care protection |
Further considerations | |
Give consideration to the best way to attract the kind of applicants you are looking for. For example, consider where you be advertising and whether the use of social media would be useful. Include in your recruitment pack:
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Short-listing | Back to the top |
Key elements | Links to further guidance and practice examples |
You should carry this out using the competencies and person specification as criteria, taking into account length of experience, qualifications, and so on. You should apply the person specification to all applicants equally and without exception. You may wish to give weighted scores to the competencies based on their importance to the post. If possible, shortlisting should be undertaken by more than one person and by members of the interview panel. | |
Further considerations | |
Look for unexplained gaps in employment history, significant changes in career, incomplete applications, repeated job moves without obvious career progression and other discrepancies. These should be explored at interview if the applicant is short-listed. | |
Invitation to interview | Back to the top |
Key elements | Links to further guidance and practice examples |
Explain clearly in your letter or email what the interview or assessment process will involve. Include:
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Practice example 1 Invitation to interview Practice example 2 Invitation to interview |
Assessing your applicants and offering the post
- Interviews - Screening Interview
- Interviews - Formal Interview
- Assessment/Selection Centre Process
- Interview or Assessment Records
- Making an Offer of Employment
Interviews - Screening Interview | |
Key elements | Links to further guidance and practice examples |
Some employers use an initial individual screening interview with applicants to scrutinise the application form, identify any issues which require clarification, or gain additional information to establish reasons for breaks in employment or other matters which are not clear. This will be useful to inform your final decision. It is an opportunity to ask applicants directly if they need to disclose any issues before safer recruitment checks are undertaken. From the applicant’s perspective it is an opportunity to explain and expand on any omissions or errors in their application form. Though less desirable, the elements of a screening interview may be addressed within formal/panel interview. |
Practice example 1 Interview screening pro forma |
Further considerations | |
Appropriate training for ‘screeners’ is recommended. Essential skills for those screening include:
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Interviews - Formal Interview | Back to the top |
Key elements | Links to further guidance and practice examples |
The process should be structured and address the competencies in the job description and person specification. Questions should be behavioural and, where possible, focus on what applicants have done, not just on what they might do. Past behaviour is often the best indicator of future behaviour. Where appropriate for the post, interviewers should follow up applicants' responses to questions and probe critical areas such as attitudes to punishment, conflict, sexuality, management of sexualised behaviour, as well as the influence of their own experience (e.g. of being parented or of parenting) on approach to vulnerable people. Although it is possible for interviews to be conducted by a single person it is not recommended. It is better to have a minimum of two interviewers. The panel members should:
In advance of the interviews panel members should:
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Skills for Care- Values based recruitment and retention guide Health and Social Care Standards Practice example 1 Interview observer record 1 Practice example 2 Interview observer record 2 Practice example 3 Interview questions (care for adults) Practice example 4 Interview questions Practice example 5 Interview record 1 |
Further considerations | |
The interview provides applicants with the opportunity to explain/disclose any information. If an applicant discloses that they are subject to SSSC investigation or employer disciplinary enquiries or investigation, you should be prepared to explore the issues; consider this in your recruitment policy ( **link here to policy section for online version). Think about how to introduce discussions to explore applicants’ values. You may wish to ask candidates to discuss their experience of being parented or growing up. Some employers raise issues by referring to current events such as “I read about this matter in the newspaper - what do you think about that?”. |
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Assessment/selection centre process | Back to the top |
Key elements | Links to further guidance and practice examples |
Assessment centres offer the opportunity to simulate aspects of the post in order that applicants can demonstrate their ability to respond effectively to them. Exercises are based on competencies for the post, using post simulation exercises and trained assessors. Exercises might include written exercises, group and individual exercises, a presentation, an in-tray or planning exercise, and so on. You should consider how to ensure applicants have the communication skills in the language to be spoken and written. Some organisations use questionnaires to explore issues of attachment and trauma. |
Securing safer care staff report Practice example 1 In tray exercise Practice example 2 Support worker written exercise |
Further considerations | |
The most important feature of exercises used in the selection of staff is that they must be appropriate for the post being filled. Occupational testing brings a standardised and objective perspective to the selection process. This can give an indication as to a person's capacity or propensity to think or act in a particular way. Ability tests test aptitude and are designed to predict potential to meet post requirements. The aptitudes tested are usually verbal, numerical and abstract reasoning Assessed group exercises: applicants discuss a presented scenario, these groups can be facilitated or not. Written exercises: applicants provide a written assessment of a presented scenario or an account of a group discussion. Role play: a simulated interaction with someone playing a vulnerable person, this can assess both the applicant’s initial actions and how they reflect on this afterwards Organisation visits: applicants visiting the place where, if successful, they will work before the assessment centre and use their observations and reflections in a group or individual exercise. |
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Interview or assessment records | Back to the top |
Key elements | Links to further guidance and practice examples |
Scoring of applicants should be recorded and shared by interview panel members and considered alongside all available candidate information. This usually involves a combination of numerical scoring against indicators for each exercise or question in interview and discussion of implications of applicants' scores along with any feedback from the screening interview, if carried out separately from the formal interview, and the information available from the application form. Apply scoring criteria to all applicants equally and without exception. If the panel cannot agree on the most suitable applicant for the post, or want to explore further with the applicant their suitability for the post, you may want to consider undertaking a second interview with one or more of the applicants. It is recommended that at least one interview panel member from the original interview should be on the second interview panel. If relevant for the post you could consider asking the applicants to prepare a presentation or written piece in advance. |
Interview concerns example (St Mary’s Kenmure) Interview feedback (St Mary’s Kenmure) |
Making an offer of employment | Back to the top |
Key elements |
Links to further guidance and practice examples |
An offer of appointment to the successful applicant should be conditional upon:
You will need to include in your offer of employment;
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ACAS recruiting staff guidance - offer letter style guides |
Further considerations |
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Be clear about your and the employee’s responsibilities about maintaining registration, meeting qualification /post registration training and learning (PRTL) requirements. If appointing to a post which requires registration with the SSSC, individuals only have 6 months to get registered if they are new to the post. It is an offence to employ an unregistered worker beyond the mandatory registration date unless the provider has a reasonable excuse. Organisation visits: applicants visiting the place where, if successful,they will work before the assessment centre and use their observations and reflections in a group or individual exercise. |
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Essential checks
- Identity and Right to Work Checks
- PVG/Disclosure Checks
- Qualification Checks
- Registration
- Personnel Records Check
- References
- Health Check
- Contract of Employment
- Risk Assessments
Identity and right to work checks | |
Key elements | Links to further guidance and practice examples |
Before employing an applicant an employer must check their right to work in the UK. Check thoroughly that all necessary paperwork is correct and up to date. Employers can be fined up to £20,000 per employee, even if the employee misleads them, without the right to be employed in the UK. Employers should be consistent in their checking and not only check those who they assume may not be eligible because of their name, race, accent or other personal characteristics. |
Home office- right to work checks employers guide also links to: Quick answer tool to check if someone can work in the UK Checking Documentation (Home Office) Employment checks (Scottish Government) Identify verification and entitlement to work in UK (Home Office) |
Further considerations | |
Ensure identity checks are clear and unambiguous to confirm that the individual presenting on their first day of employment is the same person that was interviewed. For more about eligibility to work in the UK and an employer’s obligations, go to: https://www.gov.uk/government/publications/right-to-work-checks-employers-guide That guidance will help you to find out:
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Key elements |
Links to further guidance and practice examples |
The Protection of Vulnerable Groups (Scotland) Act 2007 introduced a membership scheme to improve disclosure arrangements for people who work with vulnerable groups. This includes maintaining a list of people disqualified from working with children and a separate list of people disqualified from working with protected adults. It is an offence for an employer to permit someone who is barred from the relevant workforce to undertake regulated work with children and/or protected adults. An employer would only be able to establish if someone is not barred by ensuring the relevant person is a scheme member. This should be carried out using the agreed procedure and in accordance with appropriate legislation ( currently Protection of Vulnerable Groups (Scotland) Act 2007, Part V of the Police Act 1997) |
PVG Scheme information for employers Safer Recruitment guidance 2016 Practice example 1 Application check list 1 Practice example 2 Application checklist 2 Practice example 3 Background checks policy |
Further considerations |
Case scenario |
The Care Inspectorate expects care services to periodically re-check the suitability of care service staff as a matter of good practice. The Care Inspectorate can make recommendations where we identify that a practice may lead to poor outcomes for people, but does not prescribe timescales for frequency of periodic checking. The Care Inspectorate itself has adopted a three yearly periodic checking cycle for its own staff. Volunteers working in care services should be treated in the same way as paid staff and any volunteers within a care service without a PVG scheme record or a relevant Disclosure Scotland certificate and should ideally have no direct service user contact and should not in any circumstances work unsupervised. National care home contract Providers who have contracts with local authorities using the national care home contract for care homes for older people should also refer to section A.9 - Staffing and Volunteers of their contract to ensure that they comply with its terms and conditions. |
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Key elements |
Links to further guidance and practice examples |
It is reasonable for an employer to ask the applicant for proof of qualifications required for the post. The applicant should be asked to bring evidence of qualifications to the interview. If you are uncertain about the validity of a document provided you can check with the awarding body or registering body. The applicant should be informed that these checks will take place and copies of relevant documents will be held on their file. |
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Further considerations |
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Always ask to see originals. Check the personal details are an exact match to the details on the application form and proof of identity. If the qualification was undertaken in another country and is in another language, this should be translated to ensure it is equivalent to the minimum essential requirements for the post. For group awards such an SVQ award you may want to ask for the module breakdown sheet in support of the certificate. |
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Key elements |
Links to further guidance and practice examples |
Check with the appropriate regulatory body: e.g. Scottish Social Services Council, Nursing and Midwifery Council and any other appropriate registers to confirm that the applicant is registered as declared. This can be done on the registration body website. |
Responsibility of registered workers Nursing and Midwifery Council Register |
Further considerations |
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Newly qualified social workers must achieve registration within six months of taking up employment in this role. This six month period is only applicable to their first role as a social worker. Thereafter, social workers must be registered with the SSSC prior to undertaking the duties of the role of a social worker. Social Workers in Scotland cannot carry out statutory duties or use the title of social worker unless they are registered with the SSSC. |
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Personnel records check | Back to top |
Key elements | |
Assure yourself that the person you recruit has not already been subject to any disciplinary action as a member of your own staff previously. Check your organisation personnel records. |
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References | Back to top |
Key elements | Links to further guidance and practice examples |
All requests for references should seek objective verifiable information as far as possible and not only subjective opinion. The use of reference proformas can help achieve that. A copy of the job description and/or person specification for the post for which the person is applying should be included with all requests, and every request should ask about the referee's relationship with the applicant, e.g. did they have a working relationship and if so, what was it; how long has the referee known the applicant, and in what capacity. Satisfy yourself that the reference from the current or most recent employer is from an appropriately senior manager and it is not a reference from a former peer operating at the same grade. Employers should have clear policies about what level of staff can draft and sign off references on behalf of the employer. Use the reference to specifically ask about the issues of safety (previous disciplinary issues, dismissals, demotions) and any competencies which may be difficult to address though a selection process (e.g. team working; tenacity; adherence to regulatory codes of practice). Your references should definitely include a check with a previous employer(s). You should seek a minimum of two appropriate and relevant references, one of which should be from the current or most recent employer (if they have been previously employed). If this is not possible you should be satisfied there is a good reason for this and record why in the personnel file. It is acceptable to receive references by email, even where there is no e signature. It is your responsibility to ensure the authenticity of the referee and to give the Care Inspectorate access to these references upon request. All references, paper or email, must be stored securely. |
ACAS: References for employment guidance ICO disclosure of information under TUPE Subject access and employment references Disclosure of employee information under TUPE Practice example 1 Character reference Practice example 2 Employer reference Practice example 3 Reference form Practice example 4 Reference request letter Practice example 6 References policy
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Further considerations | Case scenarios |
There is no legal obligation to provide references but social service employers are expected to comply with their code of practice. In particular code 1.3: seeking and providing accurate and appropriate references to share information relevant to a person’s suitability to work in social service posts. It is good practice to make sure the referee is aware that:
Follow up telephone calls are helpful to discuss and verify in more detail reference information provided. You should find out whether the referee is satisfied that the person has the ability and is suitable to undertake the post in question. You should find out whether the referee is satisfied that the applicant is suitable to work with vulnerable people, and, if not, what are the specific details of the concerns. Remind the referee that:
The Care Inspectorate recognises there may circumstances where this may be difficult such as school leavers or staff returning to work following a lengthy absence from the workplace. In these circumstances the Care Inspectorate expect to be able to see evidence of a proportionate and responsible risk based response from the provider which may include;
Settlement agreements When there is a duty to refer a worker to the SSSC or another regulatory body you should do so even if a compromise agreement has been entered into with a former worker. The regulatory body does not need to know the details of any financial settlement made, but will need to know the reasons aboud why the referral has been made. When drafting a compromise agreement which terminates employment, you should make it clear to the worker that any confidentiality clause does not apply to information being passed to the individual’s regulatory body. |
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Health check | Back to top |
Key elements | Links to further guidance and practice examples |
For most posts, it is not necessary for applicants’ health to be checked prior to offer of employment but once an employer has offered an applicant a post, whether unconditionally or conditionally, it is permitted to ask appropriate health-related questions to determine whether any reasonable adjustments to enable the employee to carry out their duties require to be made. If it is necessary to ask health-related questions before making an offer, you can do so only in the following circumstances:
The four limited circumstances under the Equality Act 2010 apply to all stages of recruitment before an offer. This includes application forms, health questionnaires, interviews and any other assessment and selection methods. |
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Contract of employment | Back to top |
Key elements | Links to further guidance and practice examples |
Conditions and contract of employment. This is the basis of your future relationship with your new employee and need to set out the responsibilities that each party has. This should include details such as:
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SSSC/CI joint statement - registration regulations Practice example 1 Responsibilities of registered workers |
Further considerations | Case scenarios |
In addition consider inclusion of the following:
For roles that require individuals to register with the SSSC, you should include in your contract a requirement about when the individual should submit their application for registration to ensure is it received by the SSSC timeously to be processed in time to meet the six month deadline. |
Registration case scenario |
Risk assessments | Back to top |
Key elements | Links to further guidance and practice examples |
Safer recruitment checks may highlight information which requires further scrutiny and consideration, for example criminal convictions or restrictions on an individual registration status. You should have an established risk assessment process and procedure in place to determine whether the applicant is suitable for the post. |
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Further considerations | |
Where criminal conviction information is provided on the PVG scheme record or disclosure certificate it is important to risk assess this information following a conversation with, or by gathering information from, the applicant. This should be assessed on an individual basis with specific reference to the tasks and responsibilities of the job. This will assist in determining whether the applicant is suitable for the post. Further information regarding any restriction on an individual’s registration or any on-going investigation by an individual’s regulatory body should be clarified and verified directly with the relevant regulatory body. Your risk assessment process should consider these points:
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Other considerations for safer recruitment
- Agency Staff
- Reasonable Adjustments for Disabled Applicants
- Working Without Checks or Disclosure/PVG
Agency staff | |
Key Elements | Links to further guidance and practice examples |
An employment agency should adopt the principles of safer recruitment as outlined in this document. It is their responsibility as an employer to carry out recruitment checks to ensure that individuals are, as far as possible, suitable to be in the relevant workforce. Responsibility for ensuring that people who use a care service are safe and protected lies with the care service who should seek formal assurances from any employment agency that individuals have been recruited robustly. |
SSSC Employer referral form and guidance HCPC employer referral guidance: |
Further considerations | |
Nurse agencies are registered with the Care Inspectorate and are expected to adhere to the SSSC Codes of Practice for social care employers. Social care recruitment agencies are not currently registerable. Build your expectations of safer recruitment practices into your contract with any agency providing you with staff. A check list which the agency is required to complete for each member of staff deployed to your service may assist to offer you some extra assurance that the agency is fulfilling its duties to you. Any observed or alleged fitness to practise issues should be reported by the service provider to the employment agency and to the employee’s relevant registering body. |
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Reasonable adjustments for disabled applicants | Back to the top |
Key elements | Links to further guidance and practice examples |
An employer should ask whether an applicant needs any reasonable adjustments (sometimes referred to as access requirements) for any part of the recruitment process. Further, if an applicant has indicated a disability on their application form, or the employer becomes aware of it, or the applicant asks for reasonable adjustments to be made, the employer must consider making adjustments to assist the applicant to apply for the post advertised and attend for interview or assessment centre if selected. |
Access to Work |
Further considerations | |
In many cases, reasonable adjustments are relatively simple for an employer to make. Examples of reasonable adjustments may involve:
If you employ a candidate with a disability, support may be available through Access to Work to make reasonable adjustments in the workplace. |
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Working without checks or disclosure/PVG | Back to top |
Key elements | Links to further guidance and practice examples |
It is a requirement to have people undertaking regulated work PVG checked and the Care Inspectorate expects full vetting and checks to be in place before an individual starts work. However, in exceptional circumstances, if in the difficult position of needing more people to work in order to maintain service levels and ensure the safety and well-being of people who are using the service, you will need to consider the various risks associated with employing someone without knowledge of appropriate checks. | Protecting Vulnerable Groups – Guidance for Care Inspectorate staff and service providers |
Further considerations | |
Consider how best to employ an unchecked person in the safest capacity. They should not be alone with people who use services or provide intimate care. You may need to reconfigure a rota or enlist the support of your existing staff in order for this to work. You should always discuss these exceptional situations with your care inspector. |
Post selection considerations
Key elements |
Links to further guidance and practice examples |
Where concerns or allegations about a worker’s fitness to practise or harm to a user of a service occurs, the employer has a duty to notify the relevant bodies of the concern and also the service regulator. In the social services workforce this will include the Care Inspectorate and usually the SSSC. Depending on any which relevant regulatory body the individual is registered with, this may also include NMC, HCPC, GTCS. Where individuals are employed in regulated work, employers have a duty to make a referral to Disclosure Scotland when they believe that an individual’s conduct meets the following referral grounds:
Employers may only make a referral to Disclosure Scotland when they have dismissed an individual or removed them permanently from regulated work with the group concerned or where they would or might have dismissed the individual had the individual not left their employment before the decision was made, or had they known the information at the time the individual worked for them. You should let workers know if they have been or will be referred to any body. SSSC have specific guidance available around employer responsibilities to refer when there is a settlement agreement in place. |
SSSC Employer referral form and guidance HCPC employer referral guidance NMC employer referral guidance GTCS employer referral guidance Notifying the Care Inspectorate |
Key elements |
Links to further guidance and practice examples |
Workers who are registered with the SSSC (registrants) are personally responsible for ensuring that they maintain and meet any requirements on their registration. However, employers have a legal responsibility to make sure that all of their staff are appropriately registered. MySSSC will help you manage and track your workers registration. |
My SSSC guidance for employers
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Further considerations |
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Think about who has access to MySSSC and how frequently you check the registration status of your employees. Several individuals within your organisation can be nominated to receive email alerts about changes in a workers registration for example if they are to be lapsed for non-payment of fees. Think about who is best placed within your organisation to receive these alerts. |
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8. We welcome additional feedback, suggestions, case studies and scenario descriptions for use on the online version of this resource pack.
Glossary and key responsibilities
Using third party organisations to carry out recruitment checks
Using third party organisations to carry out essential checks during recruitment can save social service employers time and effort and is an approach the Scottish Social Services Council (SSSC) and the Care Inspectorate are happy with.
As part of the recruitment process, there are essential checks a employers need to carry out, for example:
- right to work in the UK checks
- identification checks
- references
- qualification checks.
These are all checks that a third party organisation can carry out on an employer’s behalf. However, it’s important to note that employers must always carry out Disclosure Scotland checks.
Before engaging a third party to carry out these checks, employers must satisfy themselves with the robustness of their systems and processes. Employers must be sure that using a third party organisation in this way does not carry any risk of them not meeting their legal and regulatory requirements.
Health and Social Care Standards
The Health and Social Care Standards set out what we should expect when using health, social care or social work services in Scotland
Self-Directed Support Library
A selection of resources that explain what SDS is, people’s stories, assessment and support planning tools as well as resources to influence commissioning and procurement practice to make SDS truly mainstream across Scotland
Improvement support section
An introduction to the Improvement support section and quality improvement methodology.
Latest Adult and Health Bulletin
A weekly bulletin produced by our policy team providing an update on the key developments in adult social care and health

Adult & Health Bulletin: 2 - 8 June 2023
Adult & Health Bulletin: 2 - 8 June 2023Latest Children and Young People Bulletin
A weekly bulletin produced by our policy team providing an update on the key developments concerning children and young people
