Duty for referees to provide information on substantiated allegations and concerns

In October 2024, the Department for Education (DfE) published its response to the consultation on safeguarding reforms within the Early Years Foundation Stage (EYFS) framework. A pivotal aspect of these reforms is the enhancement of safer recruitment practices, particularly concerning the provision of employment references that include details of substantiated safeguarding concerns meeting the harm threshold.

Context and Rationale

The impetus for these reforms stems from the recognition that robust safeguarding measures are essential in early years settings to protect children from potential harm. Ensuring that individuals working with children are thoroughly vetted is a critical component of these measures. Employment references serve as a vital tool in assessing the suitability of prospective employees, providing insights into their professional conduct and any past safeguarding issues.

Key Provisions of the Reforms

The consultation proposed that when providing references, employers should:

• Confirm Suitability: Clearly state whether they are satisfied with the applicant’s suitability to work with children.
• Detail Substantiated Concerns: Include factual information about any substantiated safeguarding concerns or allegations that meet the harm threshold.

Importantly, the guidance specifies that references should not contain information about concerns or allegations that are unsubstantiated, unfounded, false, or malicious. This distinction ensures that only credible and verified information influences hiring decisions, protecting individuals from potential unjust repercussions based on unproven claims.

Understanding the Harm Threshold

The term “harm threshold” refers to criteria used to determine whether certain behavior or allegations are significant enough to warrant specific safeguarding actions. The Disclosure and Barring Service (DBS) outlines that harm includes:

• Sexual Harm: Inappropriate sexual conduct or abuse.
• Physical Harm: Infliction of physical injury or abuse.
• Financial Harm: Exploitation or misuse of an individual’s financial resources.
• Neglect: Failure to provide necessary care, resulting in harm or risk of harm
• Emotional Harm: Actions causing psychological distress.

For a concern to meet the harm threshold, there must be reliable evidence indicating that the individual poses a risk of harm to children. In England the LADO will have advised the employer whether the allegation/concern was substantiated. This assessment is crucial in deciding whether to include specific information in a reference and whether to make a referral to the DBS.

Next Steps

The government intends to implement these EYFS safeguarding reforms nationally from 1st September 2025, providing the sector with less than 12 months to prepare and adapt to the new requirements.

Implications for Early Years Providers

Early years providers must update their recruitment policies to align with these new requirements. This includes training staff involved in hiring to understand the importance of obtaining comprehensive references and accurately interpreting the information provided. By doing so, providers can make informed decisions that prioritize the safety and well-being of children in their care.

For a comprehensive understanding of the consultation findings and the government’s detailed responses, please refer to the full document: Early Years Foundation Stage Safeguarding Reforms – Consultation Response.

If we can be of any assistance with any aspect of referencing or HR Admin, please call the team and ask about Vryfi on 01527 306095.