Your complete guide to safer recruitment in early years and education settings

David Cole

Updated on

Published on

1 October 2025

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David Cole is Zinc's Head of Regulatory Affairs and Policy, bringing a wealth of experience in background screening and the UK security screening sector. Not only does he advise customers on their legal and regulatory requirements, but he also makes sure the Zinc team is always up-to-scratch with their knowledge of background checking best practices.

Safeguarding is a top priority for education and early years organisations, as it should be. But when you’ve got a pile of paperwork to do and an inspection coming up fast, it can be tricky to know what, exactly, you’ve got to check before your new employees can get to work.

The bad news: There’s no simple answer.

The good news: We’ve heard all the questions (seriously, all of them) and created this practical guide to all the checks and evidence that HR and safeguarding leads need in nurseries, schools, and colleges.

Let’s dive in.

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What legislation affects screening in education and early years settings?

As with most policies and processes, your starting point should always be the legislation itself. In England, that means two frameworks that work alongside each other:

The Childcare Act 2006 and the Statutory Framework for the Early Years Foundation Stage (EYFS) are what set out the safeguarding and welfare requirements for nurseries and early years providers.
The Education Act 2002 (specifically sections 157 and 175), sets out the requirements for schools and colleges to safeguard and promote the welfare of children. The requirements of the Act are operationalised through Keeping Children Safe in Education (KCSIE).

Everything else — Ofsted expectations, inspector practice, local safeguarding partnership guidance, and “what good looks like” — builds directly on those foundations.

So let’s run through the duties, the evidence, and how they apply across early years, schools, colleges, agencies, and tutoring.

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Why the EYFS and Education Acts matter

Early years providers

If you are a nursery or other early years provider in England, your baseline duty comes from the Childcare Act 2006. The Act is brought to life through the Statutory Framework for the Early Years Foundation Stage (EYFS) (DfE, latest update 2024).

The EYFS sets out safeguarding and welfare requirements, including:

Suitability of adults working with children (staff, students, volunteers)
Recruitment procedures to ensure suitability
Ongoing checks and supervision
A designated safeguarding lead (DSL)

Schools and colleges

If you are a maintained school, academy, free school, independent school, or FE college, your duty comes from the Education Act 2002. Section 175 places safeguarding duties on maintained schools, while Section 157 applies to academies and independents.

These duties are made operational through Keeping Children Safe in Education (KCSIE). This is the statutory guidance which is updated every September.

How they overlap

Maintained nursery schools and nursery classes in schools fall under both EYFS and KCSIE
Private nurseries and PVI (private, voluntary, independent) providers fall under EYFS only
Schools and FE colleges follow KCSIE, but where they provide nursery-age provision, EYFS applies in parallel

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DBS and barred list checks

Criminal record and barred list checking just might be the most commonly misunderstood area of responsibility. Here’s what you need to know:

The non-negotiables

Enhanced DBS with children’s barred list is required for anyone in regulated activity with children
Early years staff: All staff working directly with children under the EYFS must undergo an enhanced DBS, with child barred list check, where the role is regulated activity (which in practice is most early years roles)
Supervised volunteers: If fully supervised (per statutory supervision criteria), an enhanced DBS without barred list is usually appropriate
Contractors: Eligibility depends on role and access. A plumber fixing a sink may only need supervision and no DBS checks, whereas a sports coach running sessions with children will need full checks
Agency staff: The provider must obtain written confirmation from the agency that checks have been completed, and verify identity on arrival

Disqualification under the Childcare Act 2006

In addition to DBS, early years providers must apply the Childcare (Disqualification) Regulations 2018. These set out circumstances where a person is disqualified from working with children, including:

Certain criminal offences
Orders relating to the care of children
Inclusion on the children’s barred list

The 2018 changes removed the previous “disqualification by association” rule (relating to household members). However, providers still have a legal duty to assess the suitability of staff themselves.

💡 Important note: “Disqualification under the Childcare Act 2006” is not a check that can be outsourced to Zinc or any third party. Providers must:

Ask staff to complete a self-declaration form on appointment (and regularly thereafter) confirming they are not disqualified
Cross-check disclosures and declarations against information available (e.g. certain criminal convictions, being on the children’s barred list)
Keep a record of completed declarations and any action taken
Seek a waiver from Ofsted if a member of staff is disqualified but the provider wishes to employ them

This duty sits firmly with the early years provider and is reviewed by Ofsted at inspection.

Volunteers and students

EYFS allows students and volunteers to work in childcare settings, but requires that they:

Are never left unsupervised with children until suitability is confirmed
Undergo DBS as appropriate
Are counted in ratios only if checked and deemed suitable

Ongoing suitability

Both EYFS and KCSIE require ongoing monitoring of staff suitability. Ofsted inspectors expect to see evidence of this, including:

Annual self-declarations
Updated DBS checks via the Update Service
Supervision notes
Training logs

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‍What to keep on file for early years and education settings

Early years: Suitability records

Under the EYFS, providers must keep suitability records showing how they have checked and verified staff suitability. The Suitability Record is the early years equivalent of the SCR.

Suitability Records need to include and record:

Identity (with photo ID)
Right to work in the UK
Enhanced DBS result, certificate number, and barred list where applicable
Full employment history (captured on application form)
Explanations for gaps in employment recorded (clearly documented during interview)
Qualifications (including Level 3 for ratio requirements)
Disqualification from childcare declaration
Ongoing suitability assessments (self-declarations, supervision)

References also play a key part of the ‘suitability record’ requirement.

References (what employers need to do):

Request at least two references for every new member of staff, one of which should be the most recent employer (or placement if newly qualified)
References should ask specifically about conduct, suitability to work with children, safeguarding concerns, and employment dates
References can be obtained electronically via Zinc or uploaded directly if the policy is to provide references in a different format. Zinc customers can see the referee’s email address, but note the platform itself cannot enforce use of professional email domains only. Employers should still review the source of references for credibility and follow up where needed (e.g. telephone verification).
If an employer will only confirm dates, or cannot provide a reference from a professional email address, record attempts to obtain fuller evidence and carry out a risk assessment
Keep copies of all reference requests, responses, and notes of follow-up phone calls
Record how gaps in employment were addressed (interview notes are acceptable evidence)

Schools and colleges: The Single Central Record (SCR)

For schools and FE colleges, KCSIE requires a Single Central Record (SCR), which inspectors check during safeguarding inspections. The SCR must cover:

Identity checks
Right to work in the UK
Enhanced DBS certificate number/date
Children’s barred list information (where required)
Evidence of qualifications (where required)
Evidence of Qualified Teacher Status (where required)
Full employment history captured
Explanations for any gaps in employment recorded
Agency confirmation of checks completed

As with early years settings, references and conduct in previous roles also play a vital part in safer recruitment and have a key place in the SCR.

References for schools and colleges (within SCR)

If you’re conducting checks at a school or college, try to get a minimum of two references, ideally including the current or most recent employer and the next most recent role involving work with children or vulnerable adults.

Be sure to ask referees to confirm suitability, performance, conduct, safeguarding concerns, and employment dates.

Through Zinc, you can digitally request references. Referees can complete them online, or upload references in their own format if preferred. While the platform shows the referee’s email address, it is up to the employer to satisfy themselves about the authenticity of the response.

References should ideally come from a professional or organisational email account rather than a personal one. If a personal email address is used, extra care is needed to authenticate the reference. The school hiring the candidate should check where it came from (domain, organisation), and ideally contact the referee’s place of work by phone or another channel to confirm authenticity.

In summary: The Childcare Act 2006 requires providers to be satisfied about staff suitability, which includes ensuring references are genuine, but it leaves the “how” to guidance like KCSIE. KCSIE requires schools to satisfy themselves that references are authentic, preferably obtained directly from the referee and verified (phone confirmation, official contact details).

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What varies by setting?

Nurseries and EY providers: EYFS applies. Suitability records must demonstrate compliance.
Schools with nursery classes: Both EYFS and KCSIE apply. Keep suitability records and an SCR.
Maintained schools, academies, independents: KCSIE and the Education Act 2002 apply.
Alternative provision and SEND-specific settings: Same duties as schools, but with heightened scrutiny because of vulnerability of pupils. Enhanced DBS + children’s barred list checks are almost always required.
FE colleges: KCSIE applies for staff working with under-18s.
Supply agencies: Must provide written confirmation of all checks having been completed; schools/nurseries must still verify ID.
Tutoring (agency or private): Safer recruitment applies in full. Online tutoring is not exempt where it meets the eligibility threshold.

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What checks are required for tutoring outside of academic institutions?

Tutoring at home, in community venues, or online must follow the same safeguarding principles. The key question is whether the role counts as regulated activity - i.e. teaching, training, or instructing children frequently or intensively.

Regulated activity (weekly, 4+ days in 30, or overnight): Enhanced DBS with children’s barred list required.
Non-regulated activity (ad-hoc/one-off): barred list check not permitted; a Basic DBS may well be the only appropriate/eligible level of criminal record check available.
Parents cannot apply for Enhanced DBS themselves. They must rely on agencies, platforms, or tutors providing valid evidence (parents could use DBS Update Service to check the current status of a private tutor’s enhanced DBS certificate).

Online tutoring checks

Tutors appointed by schools/colleges:

Full KCSIE safer recruitment checks apply:

Identity, right to work, Enhanced DBS with children’s barred list, references, employment history, qualifications, prohibition/QTS where relevant are required. Online delivery of tutoring does not reduce these obligations

Private or agency tutors outside schools:

KCSIE does not apply directly, but the DBS eligibility rules do. If the tutoring is regulated activity, an Enhanced DBS with children’s barred list is required. Agencies and platforms should also mirror the broader safer recruitment approach (identity, references, qualifications, history) as best practice.

Tutoring scenarios

Safeguarding requirements in England, Wales, Scotland, and Northern Ireland

Safeguarding and safer recruitment in education across the UK is devolved. Each nation has its own framework.

England

Childcare Act 2006 and EYFS (early years)
Education Act 2002 and KCSIE (schools and colleges)
Ofsted inspects schools and early years settings

Wales

Child Minding and Day Care (Wales) Regulations 2010, regulated by Care Inspectorate Wales (CIW)
Keeping Learners Safe applies in schools
Enhanced DBS with barred list
Estyn inspects schools, CIW inspects early years

Scotland

Early learning and childcare regulated by Care Inspectorate
PVG Scheme (Disclosure Scotland) is mandatory for regulated roles
From April 2025, tutors are explicitly regulated roles requiring PVG
Education Scotland inspects schools, Care Inspectorate inspects early years

Northern Ireland

Daycare and pre-school regulated by Health and Social Care Trusts
Safeguarding guidance from the Department of Education (NI)
Enhanced AccessNI and children’s barred list for regulated activity
Education Training Institute (ETI) inspects schools

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What education and early years inspectors look for

Ofsted (England): Inspectors will sample suitability records (EY) or the SCR (schools/colleges). They expect evidence of decision-making, risk assessments, and ongoing suitability.
Care Inspectorate Wales: Inspectors review suitability records and DBS evidence for childcare providers. Estyn samples SCRs in schools.
Care Inspectorate Scotland: Inspectors review safer recruitment through staff file sampling and PVG membership.
Education and Training Inspectorate (Northern Ireland): Inspectors evalutate safeguarding and recruitment compliance as part of school inspections.

What “good” looks like: Practical actions

With all these different nuances, it can get confusing to know where to start. Thankfully, there are some constants that you should follow for comprehensive and compliant safeguarding:

Anchor your practice to the law
- Early years: Childcare Act 2006 and EYFS
- Schools/colleges: Education Act 2002 and KCSIE
Maintain complete records
- Early years: Suitability records
- Schools/colleges: Single Central Record
Handle DBS results proportionately
- Record certificate number/date, barred list status, and decisions
- If disclosures exist, complete a risk assessment and log the outcome
Document your judgement calls
- For supervised volunteers, contractors, or tutoring scenarios near eligibility thresholds, record the rationale and supervision plan
Monitor ongoing suitability
- Leverage annual self-declarations, Update Service checks, and regular supervision to keep compliance consistent
Prepare for inspection
- Have records audit-ready
- Be ready to explain decision-making where evidence was limited

How Zinc helps nurseries and education providers

If one thing is clear, it’s that safer recruitment is not simple. Nurseries, schools, and agencies are juggling multiple frameworks, DBS eligibility rules, inspector expectations, and complex staffing arrangements.

Zinc provides the tools to help you manage this complexity:

Create multiple screening packages to meet EYFS and KCSIE requirements for different roles within your setting.
Simplify identity verification, and run all your background checks from DBS (including Update Service checks) and references to verifying qualifications and registrations. Plus, build custom references or capture disclosures and declarations.
Zinc’s candidate reports provide space for you to record risk assessments, decision outcomes, and supervision notes where required.
Get clear, consolidated candidate reports that you can use in conjunction with your suitability records or SCR.

Zinc gives you the confidence to capture evidence, apply your professional judgement, and to ultimately demonstrate compliance with confidence during inspections.

Book a demo and our team will be happy to help build a screening policy tailored to your education setting and for the various roles required.

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