OVERSEAS WORKERS CHECKS GUIDANCE

Introduction

Ealing Music Services (EMS) wishes to draw on the music teaching skills and experience of a wide range of diverse practitioners. Naturally, this would entail employing individuals from or that have worked in other countries.

EMS (part of Ealing Council) must undertake additional safeguarding checks for overseas workers, even if the individual has never been to the UK.

Who is an overseas worker?

Anyone that has worked (paid or voluntary) and lived outside of the UK for 12 months or more (whether continuously or in total) in the last 10 years, while aged 18 or over (from the closing date of this recruitment campaign) is an overseas worker.

Checks required for overseas workers

In addition to the UK’s Enhanced Disclosure and Barring Service (DBS) check, EMS will need to obtain overseas workers checks (via the applicant) for those who will be engaging in regulated activity. Following the UK’s exit from the EU, EMS will apply the same approach for any individuals who have lived or worked outside the UK, regardless of whether it was in an EEA country or the rest of the world.

Is teaching music to children in Ealing schools a regulated activity?

Yes.

What additional checks are required?

 These checks could include, where available:

  • Criminal records checks for overseas applicants – Home Office guidance can be found on GOV.UK
  • Obtaining a letter (via the applicant) from the professional regulating authority in the country (or countries) in which the applicant has worked confirming that they have not imposed any sanctions or restrictions, and or that they are aware of any reason why they may be unsuitable to teach

Where to obtain the additional checks

Contact details of regulatory bodies are available from the Government website, Criminal records checks for overseas applicants – GOV.UK (www.gov.uk)

When should I obtain the additional checks?

 The sooner you obtain the checks the quicker we would be able to allocate teaching to you; before the interview would be ideal. Note that obtaining additional checks will not guarantee that you will be appointed.

Who pays for safeguarding checks?

EMS will pay for the UK’s Enhanced Disclosure and Barring Service (DBS); however, the employee will need to pay for any additional checks that have been necessitated by the fact that he/she has worked in another country or countries.

What can an employer do if a candidate cannot obtain a certificate?

In the absence of available checks, employers are expected to obtain as much information as possible, for example, in the form of references, before deciding whether to make a confirmed offer of employment. EMS requests a criminal record check from the Disclosure and Barring Service (DBS) for all staff.

In a limited number of cases, overseas criminal records are stored on the Police National Computer (PNC) where these would be revealed as part of a DBS check. However, as the DBS cannot access criminal records held overseas, a criminal record check may not provide a complete picture of an individual’s criminality. Further, the DBS is not involved in the processing of applications made to overseas authorities, and therefore will not be responsible for the contents or the length of time taken for information to be returned.

In the absence of available checks, EMS expects employers to obtain and provide as much information as possible in the form of references before deciding whether to make an offer of employment.