New KCSIE recommendation: Social Media checks on candidates

[RLR]

HR have asked us to look into possible ways of doing online social media checks as part of the recruitment process as this is now recommended by KCSIE.

 

We've looked at searching social media sites but it seems most of them require an actual account linked to a user - they don't allow business accounts. There's also a few company's that will do this for you but don't have very good reviews.

 

How are other schools doing this?

[paulkerton]

I'd be VERY cautious, because you're opening yourself up to some big issues. What if you ask them to provide social media details, and you find something a teeny bit unhelpful on their social media like some drunken photos - but they've disclosed that they're pregnant on social media or they're heavily involved with LGBTQ causes and they don't get shortlisted? It would be a really quick way to end up in court.

 

KCSIE can recommend whatever it likes but short of them being a member of a banned political organisation or having an OnlyFans account with adult content on it, you are opening yourself up to a complete world of pain.

Edited October 4, 2022 by paulkerton

[RLR]

I'd be VERY cautious, because you're opening yourself up to some big issues. What if you ask them to provide social media details, and you find something a teeny bit unhelpful on their social media like some drunken photos - but they've disclosed that they're pregnant on social media or they're heavily involved with LGBTQ causes and they don't get shortlisted? It would be a really quick way to end up in court.

 

KCSIE can recommend whatever it likes but short of them being a member of a banned political organisation or having an OnlyFans account with adult content on it, you are opening yourself up to a complete world of pain.

 

This doesn't sit right with me either and I was a bit shocked when it got mentioned. Just pointing out that we won't be doing these checks in IT but have just been asked to see how it might be possible for HR to do them. I don't think the idea is to ask the candidate for details but just to do a quick search online to see if any content considered extreme pops up.

 

I believe the reason behind this is because there was a case recently in a school in which someone got hired that had a criminal record from their home country but had moved to the UK in which their criminal record was clean. A quick search on the user highlighted what they did back home and could have avoided the issue they caused in the UK school.

[Ditto]

I'd come across this at a recent governors meeting. The trust told us staff were advised to either not have social media and/or keep them very separate and/or check them and remove anything that have the potential link them to the school or was likely to lead to issues. Personally I find it over intrusive but can understanding the reasoning, but as for the checking, it's a HR function and nothing to do with IT and I would advise responding that you have no idea how to do that and that it is certainly outside of your job description.

[PrimaryNetMan]

How do you plan to identify the correct social media profiles? Are you going ask from them as part of the application form? How will you check / know they have given you the correct ones?

 

Say they do give you the profile details, how will you see anything if they have privacy settings enabled? Imagine trawling through the likes of Facebook, YouTube ,Instagram ,TikTok ,Snapchat ,Pinterest ,Twitter ,Reddit ,LinkedIn ,Forums(s) for each canditate.

 

Can of worms.

[dhicks]

HR have asked us to look into possible ways of doing online social media checks as part of the recruitment process as this is now recommended by KCSIE.

 

Sorry, as in that's recommended somewhere in the updated Keeping Children Safe In Education document?:

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1101454/Keeping_children_safe_in_education_2022.pdf

 

I've just been reviewing the above (still catching up on start-of-school-year tasks), I don't remember anything about schools being recommended to check social media during recruitment. I seem to remember some news stories from a few years back about people being asked for social media usernames / passwords in job applications / interviews, which I think caused some complaints and was generally considered to be a bad idea.

[Zoom7000]

I was asked by SLT to create social media accounts yesterday. I have referred the question to our Trust's legal team. The KCSIE requirements aren't exactly clear on how extensive a search is supposed to be:

 

Is it a simple Google search?

Does it require a search of the actual platform?

How many platforms are the school supposed to check?

 

If it does require a search of the platform, is this violating the platforms terms of service?

 

they don't allow business accounts.

 

Is this correct? Because clearly there are millions of companies who have social media accounts?

 

Ultimately, in my case, I'm not being asked to carry out the search, just create the accounts. So, the question that I am most interested in, is whether creating accounts of this nature is a violation of the platform's T&Cs.

 

A few SLT members I have spoken to are referring to guidance from Browne Jacobson here. However, even that doesn't go into detail as to how extensive the search needs to be.

 

The question is, where do you draw the line?

[LeMarchand]

I believe the reason behind this is because there was a case recently in a school in which someone got hired that had a criminal record from their home country but had moved to the UK in which their criminal record was clean. A quick search on the user highlighted what they did back home and could have avoided the issue they caused in the UK school.

 

Mme LeMarchand works with DBS checks and says

 

In this type of case, the school should have ensured that the individual had an overseas police check.

 

Apparently there is specific advice for people from the Ukraine.

 

How do you plan to identify the correct social media profiles? Are you going ask from them as part of the application form? How will you check / know they have given you the correct ones?

 

Say they do give you the profile details, how will you see anything if they have privacy settings enabled? Imagine trawling through the likes of Facebook, YouTube ,Instagram ,TikTok ,Snapchat ,Pinterest ,Twitter ,Reddit ,LinkedIn ,Forums(s) for each canditate.

 

I wouldn't give out this one (and related places) as, although I don't name and shame, some of my posts could be seen as negative about my employer. Anywhere else forum-wise isn't any of their business. They can have my (or my cat's) FB as it was used to buy a car (never doing that from FB again!) and don't have any of the others.

 

Surely anyone with an ounce of sense who has posted anything bad will simply not give out their details to mainstream places anyway? As for people who are members of (say) Incel forums or worse, they're hardly going to invite a prospective employer to look at their postings.

[RLR]

Sorry, as in that's recommended somewhere in the updated Keeping Children Safe In Education document?:

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1101454/Keeping_children_safe_in_education_2022.pdf

 

I've just been reviewing the above (still catching up on start-of-school-year tasks), I don't remember anything about schools being recommended to check social media during recruitment. I seem to remember some news stories from a few years back about people being asked for social media usernames / passwords in job applications / interviews, which I think caused some complaints and was generally considered to be a bad idea.

221. In addition, as part of the shortlisting process schools and colleges shouldconsider carrying out an online search as part of their due diligence on the shortlistedcandidates. This may help identify any incidents or issues that have happened, and arepublicly available online, which the school or college might want to explore with theapplicant at interview. See Part two - Legislation and the Law for information on dataprotection and UK GDPR.

 

 

I suppose it doesn't specifically say social media but just a generic online search.

[RLR]

Is this correct? Because clearly there are millions of companies who have social media accounts?

 

Sorry, should have been more specific. For example, Facebook seems to recognise that you are trying to sign-up as a business and doesn't allow accounts to be created as a user without it being linked to a real peson.

[Ditto]

221. In addition, as part of the shortlisting process schools and colleges shouldconsider carrying out an online search as part of their due diligence on the shortlistedcandidates. This may help identify any incidents or issues that have happened, and arepublicly available online, which the school or college might want to explore with theapplicant at interview. See Part two - Legislation and the Law for information on dataprotection and UK GDPR.

 

 

I suppose it doesn't specifically say social media but just a generic online search.

KCSIE has many parts where it won't give specific instruction, but broad brush recommendations. In this instance, it says 'consider', but the bottom line is that it is nothing to do with IT. It is a can of worms and there are serious DPA and other legal questions that I doubt many of us are trained or qualified to take into account. My advice is steer clear.

[Theblacksheep]

my favourite is kent teach guidance, suggesting going through social media account and archiving 6 years of content.

[JOrdan01070]

I have been helping the SBM with this and found the following from Birmingham city council https://www.birmingham.gov.uk/download/downloads/id/23964/online_searches_faqs.pdf

[RLR]

I have been helping the SBM with this and found the following from Birmingham city council https://www.birmingham.gov.uk/download/downloads/id/23964/online_searches_faqs.pdf

 

Thanks, this is great information.

[LeMarchand]

I have been helping the SBM with this and found the following from Birmingham city council https://www.birmingham.gov.uk/download/downloads/id/23964/online_searches_faqs.pdf

 

It is understood that the requirement has been introduced following a case arising from an oversees appointment.

 

Could have done with proofreading.

[Roberto]

my favourite is kent teach guidance, suggesting going through social media account and archiving 6 years of content.

 

I'm sure things like this absolutely won't exacerbate the recruitment issues people are talking about in the Devaluing of IT Jobs thread...

[Aprice]

We've also been asked to take this on, not really sure it should fall on an internal or in our case external IT team.

 

A couple of Googles found this as well:

https://wslaw.co.uk/insight/upcoming-changes-to-kcsie-online-searches-of-potential-new-recruits/

The individual who performs the sift would also need to have safer recruitment and equality/employment law knowledge/training. They should be trained to provide only the information about an applicant that could pose a genuine risk to the school, its pupils and/or its reputation.

 

The other question it raises for me is what happens if we 'miss' something who then becomes responsible. It's a HR job that can't be done by HR

[elsiegee40]

@esafety_officer have you any guidance on this?

[localzuk]

Is this correct? Because clearly there are millions of companies who have social media accounts?

Yes, this is the case. For example, you have to log in to Facebook with a real person's account, and from that you can access a business page.

 

LinkedIn is the same.

 

The same questions came up where I work, and in the end we've referred it to the solicitors and our DPO to advise. Its such a can of worms, you've gotta get it right.

 

The person doing the checks should not be involved in the recruitment process itself either - as those checks are supposed to be for a pretty narrow set of purposes, and you don't want the recruitment team being influenced by something non-relevant.

[Scifigirl]

Kent Teach and SPS are saying create Dummy Accounts - is this how anybody else is moving forward?

 

Im wary of creating dummy accounts as i know some of the social media's are quite hot on dummy accounts.

[jmak]

It's against Facebook's terms and conditions and they actively seek out fake or dummy accounts to close them. Seems like a bad idea to me.

 

https://www.facebook.com/help/1216349518398524/?helpref=hc_fnav

 

Hacked and fake accounts

 

Your account should represent you, and only you should have access to your account. If someone gains access to your account, or creates an account to pretend to be you or someone else, we want to help. We also encourage you to let us know about accounts that represent fake or fictional people, pets, celebrities or organisations.[/Quote]

[Scifigirl]

It's against Facebook's terms and conditions and they actively seek out fake or dummy accounts to close them. Seems like a bad idea to me.

 

I am aware but currently "thats what SPS are telling us to do" is currently what keeps coming back

[msi_school]

We've also been asked to take this on, not really sure it should fall on an internal or in our case external IT team.

 

A couple of Googles found this as well:

https://wslaw.co.uk/insight/upcoming-changes-to-kcsie-online-searches-of-potential-new-recruits/

 

 

The other question it raises for me is what happens if we 'miss' something who then becomes responsible. It's a HR job that can't be done by HR

 

I do not believe that the average member of IT staff even at network manager level have the skills to do this.

 

Short listing staff for a position whilst keeping within the rules, laws and regulations for the employment sector especially with the safeguarding implications of this sounds like a job for a Human Resources professional and possibly a solicitor.

[paulkerton]

https://wslaw.co.uk/insight/upcoming-changes-to-kcsie-online-searches-of-potential-new-recruits/

And write in the middle of that

 

Searches should be made in relation to shortlisted candidates only to reduce the risk that anyone not shortlisted could argue that they have suffered discrimination, for example, because of information gleaned from a search of the internet/their social media.

We are just storing up trouble. All it's going to take is one person who hasn't disclosed a protected characteristic as part of the application process not getting an interview, one SAR with screenshots from social media and then... oh boy.

[Ditto]

I am aware but currently "thats what SPS are telling us to do" is currently what keeps coming back

Simply, refuse to do it - and look at whistle-blowing.