POCSA
Voluntary Sector Training Pack
And Guide

The recommended Recruitment Process

Under the Act organisations could be prosecuted if they knowingly recruit an individual who is fully listed (TODO: is this correct question 19 Module One Section A Provisional listing). To avoid prosecution your organisation will therefore need to know if a prospective worker is named on the List. The only way to do this is through a Disclosure check at Standard or Enhanced level.

However, it is important that your organisation does not rely solely on Disclosure checks when recruiting workers. This point is emphasised in Disclosure Scotland’s Code of Practice:

“Widening access to criminal record information is intended to provide those making recruitment and appointment decisions with additional information to enable them to determine whether the past behaviour of a person suggests that they are unsuitable for a particular position. The availability of the Disclosure information should not, however, be regarded as a substitute for any of the full range of existing pre-appointment checks which responsible employers should undertake, including taking up references and enquiring into the person’s previous employment history. The availability of Disclosure information should therefore be seen as complementary to existing recruitment practice and should only be sought after a candidate has been provided with a provisional offer of employment or a voluntary position".

Code of Practice For Registered Persons and Other Recipients of Disclosure Information (Disclosure Scotland, 2002).

A Disclosure check should therefore be regarded as one part of a larger recruitment process which allows both:

• the organisation an opportunity to assess the suitability of an applicant to work with children and young people under the age of 18 years;
  and
• the applicant the opportunity to assess the suitability of the organisation and the opportunities available.

It is important not to forget that recruiting workers should be regarded as a two-way process between the organisation and applicants.

The recruitment process described mirrors the process followed by many organisations when they recruit paid staff to child care positions but is equally applicable to the recruitment of volunteers.

When recruiting both paid and volunteer workers to “child care” positions (as defined under Schedule 2, you should:

1. circulate details of the position as widely as possible;
2. ensure that your equal opportunities policy applies to all posts for paid and volunteer workers;
3. ask all applicants to complete an application form;
4. give all applicants a task/job description;
5. ask all applicants to complete a self-declaration form;
6. ask all applicants to give the names of two suitable referees;
7. invite suitable applicants to discuss the position;
8. request, with the applicant’s agreement, Disclosure checks for those applicants that you would like to appoint to child care positions;
9. appoint a suitable paid or volunteer worker but only after receiving a satisfactory Disclosure check.

Recruitment process flow diagram