The suitability of staff in early years settings is incredibly important and recruitment procedures are a way of ensuring that providers employ people suitable for the job.
The safeguarding reforms, coming into effect from September 2025, will strengthen the existing requirements to ensure those working with children are suitable. Both childminders who employee assistants, and group and school-based providers must obtain a reference before employment. Obtaining references will improve children’s safety and will help them employ the best staff. Providers/Childminders should:
- not accept open references e.g. to whom it may concern
- not rely on applicants to obtain their reference
- ensure any references are from the candidate’s current employer, training provider or education setting and have been completed by a senior person with appropriate authority
- not accept references from a family member
- obtain verification of the individual’s most recent relevant period of employment where the applicant is not currently employed
- secure a reference from the relevant employer from the last time the applicant worked with children (if not currently working with children). If the applicant has never worked with children, then ensure a reference is from their current employer, training provider or education setting
- ensure electronic references originate from a legitimate source
- contact referees to clarify content where information is vague or insufficient information is provided
- compare the information on the application form with that in the reference and take up any discrepancies with the candidate
- establish the reason for the candidate leaving their current or most recent post, and ensure any concerns are resolved satisfactorily before appointment is confirmed.
Suitable people
| For childminders | For group and school-based providers |
|---|---|
| Childminders and any assistants must be suitable; they must have the relevant training and have passed any required checks to fulfil their roles. Childminders must obtain a reference for any childminding assistants they employ. Childminders must also ensure any person who may have regular contact with children (for example, someone living or working on the same premises where the childminding is being provided), is suitable. | Providers must record information about staff qualifications and the identity checks, vetting processes and references that have been completed (including the criminal records check reference number, the date a check was obtained and details of who obtained it). |
Safeguarding policies and procedures
Safeguarding policies must now also include:
- Procedures to follow to check the suitability of new recruits.
Providing references
It has been acknowledged that challenges in obtaining meaningful, timely references within the early years sector with many employers only providing basic references that confirm employment dates and some refusing to provide references at all, make it difficult to carry safer recruitment practices. To help ensure employers provide references there are also new expectations to provide references containing details of any safeguarding concerns in a timely manner. This will align with what is expected in schools and further enhance safer recruitment practices.| Both versions of the statutory frameworks |
|---|
| References should be provided for previous employees upon request in a timely manner. When asked to provide references, [providers/childminders] should ensure the information confirms whether they are satisfied with the applicant’s suitability to work with children and provide the facts (not opinions) of any substantiated safeguarding concerns/allegations that meet the harm threshold*. They should not include information about concerns/allegations which are unsubstantiated, unfounded, false, or malicious. * The harm test is explained in the Disclosure and Barring service Guidance: Making barring referrals to the DBS and Section 35(4) of the Safeguarding Vulnerable Groups Act 2006. |
What does this mean for you?
You should take some time to understand these new requirements. If you don’t already, you should develop procedures to check the suitable of new recruits and update your update safeguarding policy accordingly.
Resources:
- PACEY webinar recording – Employing people: an introduction to your responsibilities with Catherine Taylor from the Disclosure and Barring Service ensuring safer recruitment, Gary Davies from HMRC talking about National Minimum Wage (NMW), and Stephen Woodhouse from Stephensons Solicitors LLP with tops tips for all employers to avoid potential litigation.
Download Cathy’s presentation slides for the DBS section
- Work and employment law advice | Acas gives employees and employers free, impartial advice on workplace rights, rules and best practice.
- PACEY BLOG: Paying at least the National Minimum Wage isn’t just the right thing to do, it’s the law. – PACEY
PACEY member resources:
- Focus on Recruitment – information, tools and downloads to support you in your recruitment journey.
- Sample policies for childminders – updated ready for the September 2025 Safeguarding reforms.
- Employing and working with childminding assistants – with a downloadable childminding assistant job description template.
- Legal helpline and document library – Eligible PACEY members can access to a free, independent legal and HR advice line staffed by experts experienced in handling legal, tax-related and business matters, along with access to law guides and download legal documents.
- PACEY Live webinar: DBS – Making recruitment safer Here from the DBS in our webinar on how you can make our recruitment processes safer with fully informed recruitment decisions and continue to protect and safeguard all of the children and young people within our sector.
- Leadership and management bite-sized training – Whether you employ others, or work alone, you are the leader and manager of your setting. We have some 20-minute courses designed to help you to lead and manage your setting effectively.
- Leadership and management
- Leading and managing your setting:Â effective induction
- Leading and managing your setting: effective supervision
- Leading and managing your setting: effective appraisal
All can be found in the Business End theme of CEY smart.
