Safer Recruitment Process

Ember Learning Ltd (trading as Ember Tutors)

Internal Process Document — Tutor Associate Engagement

Purpose and Scope

This document sets out the mandatory safer recruitment checks and process that must be completed before any individual is permitted to deliver Sessions as a Tutor Associate on behalf of Ember Learning Ltd (trading as Ember Tutors).

This process applies to all Tutor Associates, regardless of their employment status. Self-employed status does not remove or reduce safeguarding obligations. No individual shall deliver any Session or access any Student personal data until all checks in this process have been completed satisfactorily and a pre-start sign-off has been issued by a Company director or designated lead.

This process is designed to be consistent with the safer recruitment principles set out in Keeping Children Safe in Education (DfE, 2025) and applies to all associates working with secondary-aged students (11–16) in the context of non-statutory Alternative Provision.

Legal and Regulatory Framework

This process reflects obligations arising from:

• Keeping Children Safe in Education (DfE, 2025) ('KCSIE')
• The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975
• The Safeguarding Vulnerable Groups Act 2006
• The Children and Families Act 2014
• Section 19 of the Education Act 1996
• Working Together to Safeguard Children (HM Government, 2023)
• Ember Learning Ltd's Child Protection and Safeguarding Policy

Stage 1 — Pre-Application Checks

Before proceeding with an application from a prospective Tutor Associate, the Company shall:

• Confirm that a genuine vacancy or engagement need exists
• Confirm the role specification and whether the role involves regulated activity with children (all Associate roles are classified as regulated activity)
• Confirm that any advertising for the role includes a statement that the position is subject to an enhanced DBS check with barred list check

Stage 2 — Application and Suitability Review

2.1 Identity Verification

The following original documents must be verified in person or via a live video call (if in-person verification is not practicable, the Company shall document the method used and verify with reference to original documents):

• Photographic proof of identity (current passport or photocard driving licence)
• Proof of current address issued within the last three months (utility bill, bank statement, or HMRC correspondence)
• Proof of right to work in the United Kingdom

Copies of all identity documents shall be retained securely in the Associate's personnel file.

2.2 Qualifications and Experience

Confirmation of relevant qualifications or experience shall be sought, including verification of any teaching qualification claimed.

2.3 Employment History Review

A full employment and self-employment history for the previous five years must be provided. The Company shall:

• Review the history for unexplained gaps
• Request a written explanation for any gap exceeding one month
• Document the review and the explanation received in the Associate's personnel file

A pattern of repeated short engagements without satisfactory explanation, or gaps that cannot be satisfactorily accounted for, shall be treated as a concern and may result in the application not proceeding.

Stage 3 — References

3.1 Two references must be obtained and reviewed before commencement. References must be:

• Provided in writing (via email is acceptable) directly from the referee to the Company
• From named individuals who can confirm the applicant's suitability to work with children

3.2 Reference Requirements

• Reference 1: From the most recent employer or principal (if the most recent role involved working with children, this reference must confirm the applicant's conduct and suitability in relation to children). Where the applicant has not worked with children in their most recent role, a reference from the most recent role involving children should be sought as the first preference
• Reference 2: From any other professional source who can speak to the applicant's suitability for the role (not a personal acquaintance)

3.3 References from family members, personal friends, or other individuals who cannot speak to professional suitability shall not be accepted.

3.4 The Company shall contact at least one referee by telephone to verify the reference, and shall document the verification.

3.5 If a reference raises any concern — including any indication of safeguarding concerns, inappropriate conduct with children, or capability issues — this must be escalated to the DSL immediately before any further steps are taken.

3.6 Open references ('To Whom It May Concern') shall not be accepted.

Stage 4 — Enhanced DBS Check with Barred List

4.1 All Tutor Associates must complete an enhanced Disclosure and Barring Service check at the enhanced level with inclusion of the children's barred list ('enhanced DBS with barred list check') before delivering any Session.

4.2 The DBS check shall be applied for through the Company's registered body or an approved umbrella body. The Company shall retain a record of the DBS certificate number, date of issue, and outcome. A copy of the DBS certificate shall not be retained beyond initial checking, in accordance with the DBS code of practice; instead, the Company shall retain a note of the information disclosed.

4.3 DBS Update Service

If the applicant is subscribed to the DBS Update Service, and the original certificate was issued at enhanced level with barred list check, the Company may carry out a free Update Service check in lieu of a new application. The Company shall record the date and outcome of the Update Service check.

4.4 The Company shall not permit any individual to commence work until either: (a) a satisfactory enhanced DBS certificate has been received; or (b) an Update Service check has confirmed satisfactory status. No exceptions shall be made to this requirement.

4.5 Disclosure of Information

The Company operates a policy of fair consideration of DBS disclosures. Disclosure of a criminal record does not automatically disqualify an applicant. The Company shall consider: the nature of the offence; the time elapsed; the relevance to the role; and any other relevant circumstances. However, any information disclosed that indicates that an individual is barred from regulated activity with children shall result in the application not proceeding, and — where appropriate — a referral to the DBS.

4.6 Where a DBS check reveals relevant information, the DSL shall be consulted before any decision to proceed is made.

4.7 Renewal

DBS checks shall be reviewed periodically. The Company shall require a new enhanced DBS check (or Update Service check) if the existing check is more than three years from the date of the most recent DBS check, or at any point if a concern arises in relation to a Tutor Associate, whichever is the earlier.

Stage 5 — Safeguarding Training Confirmation

5.1 Before delivering any Session, the Associate must complete the mandatory safeguarding training specified in the Tutor Associate Agreement (Clause 5.1). The Company shall retain evidence of completion (for example, a completion certificate from an approved online training provider).

5.2 No Associate shall deliver any Session without current, valid safeguarding training. Training shall be renewed annually.

Stage 6 — Pre-Start Checklist Sign-Off

Before the Associate is permitted to deliver any Session, the following pre-start checklist must be completed and signed off by a Company director or designated lead:

Important Note on Self-Employed Status

Ember Learning Ltd treats all Tutor Associates as individuals engaged in regulated activity with children, regardless of their self-employed status.

Self-employed status does not:

• Remove the obligation to complete an enhanced DBS check with barred list check before commencing work
• Remove safeguarding obligations or the duty to report concerns
• Affect the Company's obligation to verify the suitability of the individual before permitting them to work with children
• Remove the Company's responsibility to refer to the DBS if an Associate is dismissed or resigns in circumstances where there is reason to believe they have harmed a child or placed a child at risk of harm

KCSIE is clear that any individual working with children in a regulated activity capacity must have an enhanced DBS check regardless of their employment status. This applies to all Tutor Associates without exception.

Records and Storage

All safer recruitment records shall be stored securely and confidentially in the Associate's personnel file. Access shall be limited to the DSL, Deputy DSL, and Company directors. Records shall be retained for the duration of the engagement plus six years, or in accordance with any applicable statutory requirement, whichever is the longer.

Review

This process shall be reviewed annually and following any update to KCSIE or relevant statutory guidance. The process owner is the Designated Safeguarding Lead.