Handling Unsatisfactory References in Early Years Recruitment: Putting Safeguarding First

Recruiting the right people in early years settings is about far more than filling a vacancy, it’s about ensuring children are cared for in a safe, nurturing environment by trusted adults. References are a vital part of the safer recruitment process, and occasionally, an employer may receive a reference that is less than positive. So, what should you do if this happens?

In England under the EYFS Statutory Framework, employers have a clear duty to ensure that anyone working with children is suitable to do so. While enhanced DBS checks and identity verification are standard, references, especially from previous employers in childcare, also provide essential insight into a candidate’s suitability.

One of the most common thing one of our HR Advisors will say to a client calling about a problem new employee will be “what did the references say?”

A reference might raise concerns in different ways. It could mention poor conduct, disciplinary issues, or underperformance. Sometimes, the reference may be vague or overly cautious, or the referee might decline to give a reference entirely. In some cases, there may be implications of safeguarding concerns, even if not stated outright. In all of these scenarios, it is important that concerns are not dismissed or ignored.

If a reference gives you a reason to pause, the first step is to consider it in the context of all the other information you have. Review the candidate’s application form, their DBS check, self-disclosure, and any other references. Are there inconsistencies, or does this reference stand out as an outlier?

Where something is unclear or seems incomplete, it is appropriate to follow up with the referee, ideally by phone, and always keeping a record of the conversation. Sometimes, concerns are based on misunderstandings or administrative issues that can be quickly resolved. In other cases, the conversation may confirm more serious concerns.

Depending on the nature of the issue, you may also choose to speak with the candidate, giving them an opportunity to respond or provide additional context. This should always be done carefully, and without breaching the confidentiality of the referee.

If there are unresolved concerns about a candidate’s suitability, it is entirely appropriate not to proceed with the appointment. Where concerns are minor, and not related to safeguarding, you may still decide to hire, but with clear supervision, support, and monitoring in place throughout the probation period.

While it may feel uncomfortable to make decisions based on an unsatisfactory reference, some people are unsuitable to work with children and should not be employed.  

If you need any assistance with any aspect of HR please call us on 01527 909436.