Is Safer Recruitment a Legal Requirement? A Guide for Alternative Provision Leaders

If you’re responsible for recruiting staff within an Alternative Provision, safeguarding starts long before a child or young person walks through your doors. It begins with the people you choose to employ.

Every appointment you make has the potential to shape a child’s experience. Many pupils attending Alternative Provision have faced disrupted education, trauma or significant challenges in their lives. The adults they meet each day can provide stability, encouragement and trusted relationships that help them rebuild confidence and achieve their potential.

That’s why safer recruitment is about far more than carrying out DBS checks or completing paperwork. It’s about making thoughtful recruitment decisions that put children’s welfare at the heart of every stage of the process.

It’s a question we hear regularly from Alternative Provision leaders and it’s easy to understand why. The phrase “safer recruitment” appears throughout safeguarding guidance, but knowing exactly what is expected and what good practice looks like isn’t always straightforward.

Whether you’re reviewing your recruitment procedures, preparing for a commissioning visit or simply looking for reassurance that your processes are robust, understanding safer recruitment is an important place to start.

Is Safer Recruitment a Legal Requirement?

It’s a question we hear regularly from Alternative Provision leaders, and it’s easy to understand why.

The phrase “safer recruitment” appears throughout safeguarding guidance so often that many people assume there’s a specific law requiring every organisation to have a Safer Recruitment Policy or follow one prescribed recruitment process.

The reality is a little more nuanced. Organisations working with children have a legal duty to safeguard and promote their welfare and recruiting staff safely is an essential part of meeting that responsibility. While legislation doesn’t prescribe one exact recruitment process, statutory guidance makes it clear that providers are expected to have robust procedures that help ensure suitable adults are employed to work with children and young people.

For Alternative Provision providers, this isn’t simply about meeting legal expectations. Every recruitment decision has the potential to influence a child’s experience. The right staff can provide consistency, encouragement and positive role models, while robust recruitment processes help reduce the risk of unsuitable individuals gaining access to vulnerable children.

That’s why safer recruitment should be viewed as an investment in your safeguarding culture rather than simply another compliance exercise.

Why Does Safer Recruitment Matter?

Recruitment isn’t just about filling vacancies. It’s about building a team of trusted adults who create a safe environment where children and young people can learn, grow and thrive.

Many pupils attending Alternative Provision have experienced adversity or disrupted education. For some, school may not always have felt like a safe place. Positive relationships with caring, consistent adults can make a lasting difference to their confidence, wellbeing and future aspirations.

Every member of staff plays a role in safeguarding.

Strong safer recruitment processes help ensure the people joining your organisation not only have the skills to do the job, but also share your values and understand the responsibility that comes with working alongside vulnerable children and young people.

Good recruitment also gives confidence to schools, commissioners, inspectors, parents and carers that safeguarding is embedded throughout your organisation.

What Does the Law Say About Safer Recruitment?

Rather than setting out one prescribed recruitment process, safeguarding legislation and statutory guidance place a responsibility on organisations to take reasonable steps to protect children from harm.

In practice, this means employers should have robust recruitment procedures that include appropriate pre-employment checks before anyone begins working with children.

These typically include:

• Verifying identity
• Obtaining references
• Checking employment history
• Exploring any gaps in employment
• Verifying qualifications where required
• Completing DBS and barred list checks where appropriate
• Ensuring recruitment decisions are recorded appropriately

These checks work together to help build a complete picture of a candidate’s suitability.

No individual check can guarantee someone is suitable to work with children, which is why safer recruitment relies on several safeguards working together throughout the recruitment process.

What Are the Three Main Elements of Safer Recruitment?

People often associate safer recruitment with DBS checks, but that’s only one part of the picture. Effective safer recruitment starts before someone applies for a role and continues long after they’ve joined your organisation.

There are three key elements that underpin safer recruitment.

1. Deterring Unsuitable Applicants

Good safer recruitment begins with making your organisation’s commitment to safeguarding clear from the outset.

Job adverts, recruitment packs and application forms should explain that safeguarding is central to your organisation and that appropriate recruitment checks will be carried out.

This not only helps attract candidates who share your values but can also discourage individuals who may not be suitable from applying.

2. Identifying Suitable Candidates

This stage focuses on gathering enough information to make safe and informed recruitment decisions.

That includes carefully reviewing application forms, exploring employment history, obtaining references, asking safeguarding-focused interview questions and completing all necessary pre-employment checks.

During independent reviews, one of the most common things we see isn’t missing DBS checks, it’s inconsistent recruitment processes. Different managers may approach recruitment in different ways, increasing the risk that important steps are overlooked.

Having a clear recruitment procedure helps ensure everyone follows the same robust process.

3. Creating a Safe Culture After Appointment

Safer recruitment doesn’t end once someone accepts the job. New staff should receive a thorough induction that introduces your safeguarding culture, child protection procedures, professional boundaries, whistleblowing arrangements and organisational expectations.

Ongoing safeguarding training, supervision and regular professional conversations help ensure safeguarding remains everyone’s responsibility throughout their employment.

If you’re reviewing your recruitment procedures, you may also find our guide on Does an Alternative Provision Need a Safer Recruitment Policy? helpful, where we explore what a good policy should include, why it matters and how to keep it up to date.

Is Safer Recruitment Training Mandatory?

Appropriate safer recruitment training is an important part of good practice.

Current safeguarding guidance expects at least one person involved in the recruitment process to have completed safer recruitment training.

Many Alternative Provision providers choose to train several members of their leadership team. This helps ensure recruitment can continue consistently if staff change and reinforces a shared understanding of safeguarding responsibilities.

Who Is Responsible for Safer Recruitment?

Safer recruitment is a shared responsibility.

Depending on your organisation, responsibility may involve:

• Proprietors
• Governors
• Senior Leaders
• Headteachers
• Human Resources
• Recruiting Managers
• Designated Safeguarding Leads

While different people may have different responsibilities, everyone involved in recruitment should understand the importance of safeguarding and their role in protecting children and young people.

Frequently Asked Questions

Is safer recruitment just about DBS checks?

No. DBS checks are an important safeguard, but they’re only one part of the recruitment process. Effective safer recruitment includes careful planning, application forms, references, interviews, identity checks, employment history, pre-employment checks, induction and ongoing safeguarding training.

Do volunteers need safer recruitment checks?

Yes. The level of checking depends on the nature of their role and the level of contact they have with children and young people, but volunteers should always be recruited safely.

Does every Alternative Provision need recruitment procedures?

Absolutely yes. Having clear, documented recruitment procedures helps ensure consistency, supports safeguarding and provides reassurance to schools, commissioners and inspectors.

What happens if recruitment checks are missed?

Missing recruitment checks can increase safeguarding risks and may raise concerns during inspections, commissioning visits or safeguarding audits. Having a clear recruitment process helps reduce the likelihood of important checks being overlooked.

Download Our Free Resources

If you’d like to review your own recruitment arrangements, we’ve created a range of practical resources to help.

Download our free:

• Safer Recruitment Checklist for Alternative Provision
• Safer Recruitment Process Guide

These resources are designed to help you strengthen your recruitment processes, identify any gaps and support a consistent approach to safeguarding.

How Can Jarvis Education Help?

Creating a safe environment for children and young people starts long before they walk through your doors. Having robust recruitment processes in place is one of the most important ways to demonstrate your commitment to safeguarding and build confidence with schools, commissioners, parents and carers.

At Jarvis Education, we understand that safeguarding isn’t about trying to catch organisations out. It’s about helping leaders feel confident that the systems they have in place genuinely protect the children and young people in their care.

Our Independent Reviews & Audits provide an objective, supportive review of your safeguarding arrangements, including safer recruitment practices, policies, procedures and quality assurance processes. We’ll highlight what’s working well, identify opportunities for improvement and provide practical recommendations that help strengthen your provision.

Whether you’re preparing for commissioning, reviewing your safeguarding arrangements or simply looking for independent reassurance, we’re here to support you every step of the way.

Every child deserves to learn in an environment where they feel safe, supported and valued. Strong safeguarding doesn’t happen by chance, it grows from thoughtful leadership, clear processes and a commitment to continual improvement. Taking time to review your arrangements today can help ensure the children and young people in your care continue to receive the safe, nurturing environment they deserve.