Keeping Children Safe in Education was updated in September 2022, with a particular focus on undertaking online searches as part of the shortlisting process. Paragraph 220 -
“Schools and colleges should: • ensure that at least two people carry out the shortlisting exercise (it is recommended that those who shortlist carry out the interview for a consistent approach) • consider any inconsistencies and look for gaps in employment and reasons given for them, and, • explore all potential concerns. Paragraph 221. In addition, 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. See Part two - Legislation and the Law for information on data protection and UK GDPR”. This no longer includes the requirement to search applicant’s social media accounts which can introduce discrimination and bias. It can also encourage recruiters to seek information covertly rather than overtly. It is useful to note that social media platforms are intended for individuals to share personal information; a slightly different approach may be applied to platforms such as LinkedIn which are intended to be sharing spaces for professionals and can provide useful verification of employment history.
Explanation
‘should’ in statutory guidance means that you should do it unless you have a good reason not to; if you have a good reason not to, it is wise to have a written rationale for this
‘should consider’ is not the same as ‘should undertake’ - in other words, you could consider doing online checks and decide if they are not appropriate. However, it is difficult to think of many (if any) circumstances in which you might decide not to undertake the checks
Your processing condition under GDPR UK/DPA 2018 is that it is a regulatory requirement; you therefore do not need consent. However, the applicant has a right to know beforehand that this search will be conducted if they are shortlisted
It would potentially be a breach of data protection to search an individual’s social media presence, particularly if that search is done covertly (e.g. by setting up a Facebook account Last reviewed: October 2022 epm.co.uk in a pretend name just to look at candidates’ recruitment panel, are subject to data information).
Online searches
The facts
Should be undertaken on all shortlisted candidates (not just the successful applicant), KCSIE Para 221 is clear this requirement should be undertaken on all shortlisted candidates
It is not a requirement to have an additional column on the SCR
You do not need to check social media accounts or ask candidates to provide you with their login details
You do not need to outsource the search to a third-party provider. This will add additional costs to your budgets
It is not meant to be a labour-intensive task
If looking for training, steer clear of any provider advertising training in how to undertake social media checks
You can, if you wish, search the LinkedIn account for the applicant and compare the employment dates against the application form for consistency.
How to conduct the search
The search should be undertaken by someone separate to the interview panel
Search the applicants name in whichever search engine you use, with the following key prompts:
Name of applicant ‘convicted’
Name of applicant ‘crown court’
Name of applicant ‘magistrates’ court’
Name of applicant then any country they have worked/resided or were born in (as per their application form).
Action required
The search should be undertaken by a person not on the recruitment panel
All information recorded by the School regarding an online search, such as emails from the person undertaking the search to the recruitment panel, are subject to data protection legislation and would be disclosable under a Subject Access Request
Ensure the information is fair, factual, and does not introduce personal bias
Include a statement in your recruitment policy, recruitment materials for applicants and on the application form, explaining that an online search will be completed for shortlisted candidates. If there are any posts that you have decided you would not cover, make this clear in the written materials
Add the online check to your safer recruitment checklist
If information has been discovered, this should be compared with the candidate’s application form, employment history and criminal/suitability self-disclosure and then discussed with the applicant at interview. The questions asked and responses provided by the applicant should be recorded on the interview notes
Remember that criminal information found via a search engine is still covered by the Ministry of Justice (MoJ) filtering rules – if the conviction or caution would be filtered, it should not be discussed with the candidate and cannot be taken into account
If the information relates to a serious incident or demonstrates that the candidate has been dishonest in their application or self-disclosure, seek advice from the LADO and/or police before discussing with the candidate at interview
Ask your preferred supply agencies to confirm that they are now including online checks in their vetting procedures
Agree a format for the checker to notify the panel that the online check has been completed and the detail of what was discovered or that there was no information found
Should a Subject Access Request (SAR) be made, all communication to the interview panel can be released.
