March 26, 2025
When recruiting staff for a day nursery in England, ensuring candidates are suitable to work with children is a legal and ethical necessity. If a prospective employee has lived or worked overseas, particularly in a role involving children, obtaining a police check from the relevant country is an essential step in safer recruitment. This guide outlines the process for obtaining an overseas police check to support your hiring decisions.
The Department for Education’s statutory guidance, Keeping Children Safe in Education (KCSIE), emphasises the importance of thorough background checks when employing staff who have spent time abroad. While the Disclosure and Barring Service (DBS) check provides crucial information on UK-based candidates, it does not cover offences committed overseas. As part of your due diligence, requesting a police check from the relevant country ensures that you have a comprehensive safeguarding process in place.
An overseas police check is typically required if a candidate has lived or worked abroad for three months or more in the past five years. If the individual was employed in a role involving children, it is particularly important to obtain a police check to verify their suitability.
The process of obtaining a police check varies by country, but the following steps can help you navigate it effectively:
Each country has its own system for issuing police checks. Some use national police agencies, while others have specific government departments handling criminal record requests. The UK government provides an updated list of how to obtain criminal records from different countries on its website. You can access this guidance here.
Employers should request that the candidate obtain their own police check from the relevant country. Many countries require individuals to apply in person, while others allow applications by post or online. The candidate may need to provide identification documents, fingerprints, and a processing fee.
Not all countries provide checks that are as comprehensive as a UK DBS check. If the police check does not include relevant details, you may need additional references from previous employers or character referees who can vouch for the candidate’s suitability.
Once the police check is received, ensure it is an official document. If it is not in English, a certified translation should be obtained. The employer must check for any warnings, cautions, or convictions that could affect the candidate’s ability to work with children.
If obtaining a police check proves difficult or the country does not provide such records, seek alternative safeguarding measures. This may include obtaining references from previous employers, checking professional registrations, or requesting a sworn statement from the candidate regarding their background.
The Early Years Foundation Stage (EYFS) framework and Ofsted inspections require nurseries to follow robust safer recruitment procedures. If an overseas police check is needed but unavailable, you must document the steps taken to verify the candidate’s background and ensure alternative safeguarding measures are in place.
Employing individuals with overseas experience can be valuable for your nursery, but it is essential to carry out proper background checks to maintain safeguarding standards. By following the correct procedures for obtaining an overseas police check, you can ensure compliance with safer recruitment practices and provide a secure environment for children in your care.
If you need further guidance on recruitment and compliance in early years settings, feel free to contact Redwing Solutions on 01527 909436. We’re here to support you in making informed and legally compliant hiring decisions.
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