CRB & Criminal Convictions Policy
Contents:
- Introduction
- Definitions
- Policy
- Criminal Records Bureau Checks
- Handling of Disclosure Information
Age UK Lambeth acknowledges the assistance of Age UKWigan Borough who have granted permission for their policy to be used as a model for this document.
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1Introduction
1.1This policy has been introduced to ensure fair and responsible recruitment and selection practices for the recruitment and employment of exoffenders.
1.2The policy outlines Age UKLambeth’s approach to the employment of ex offenders and the declaration of past criminal convictions in relation to the Employment of ExOffenders and the Rehabilitation of Offenders Act 1974 (Subject to the Rehabilitation of Offenders Act 1974 (Exceptions) order 1975).
1.3It further outlines our policy for undertaking Criminal Records Bureau (CRB) checks.
1.4Age UKLambethis committed to the fair treatment of its staff, potential staff or users of its services, regardless of race, gender, religion, sexual orientation, responsibilities for dependants, age, physical/mental disability or offending background.
1.5We actively promote equality of opportunity for all with the right mix of talent, skills and potential and welcome applications from a wide range of candidates, including those with criminal records. We select all candidates for interview based on their skills, qualifications and experience.
1.6Nothing in this policy will contravene the effective implementation of the Equal Opportunities & Diversity policy of ACL. The organisation will seek to implement all relevant legislation and develop best practice in equality and diversity and other organisation policies will support this objective.
1.7All applicants will be made aware of the contents of this policy as part of the application process.
2Definitions
2.1The Rehabilitation of Offenders Act 1974 enables some criminal convictions to become ’spent’ or ignored after a rehabilitation period.The period of time which must lapse before a conviction becomes ‘spent’ is determined by the length and severity of the conviction.Rehabilitation periods therefore vary in length.After this period with certain exceptions an ex offender is not normally obliged to mention their conviction when applying for jobs or obtaining insurance or when involved in criminal or civil proceedings. Some convictions however, are never considered to be ‘spent’.
2.2This act aims to rehabilitate offenders by not making their past mistakes affect the rest of their lives if they have been on the right side of the law for some time.
2.3However, to allow employers to protect certain vulnerable groups within society there are specific posts and professions that are exempted from the Rehabilitation of Offenders Act 1974 (ROA). Organisations are therefore legally entitled to ask applicants applying for posts which fall into certain categories for details of all convictions irrespective of whether they are ‘spent’ or ‘unspent’ under the ROA. These posts involve access to children, young people, vulnerable adults, specific health service appointments and jobs involving the administration of justice, banking or other financial services and national security all of which are exempted from this Act. A full list of all job categories exempt under the ROA is available from the website.
3Policy
3.1Age UKLambeth recognises that it has a duty to its clients and the wider community to take account of offences that may have a direct bearing on a candidate’s suitability for a particular post.
3.2It is Age UKLambeth policy to require applicants to disclose any ‘unspent’ criminal convictions as part of their application. Additionally, in the case of applications for posts that involve access to children or with vulnerable adults or where staff would be in positions of trust, all convictions must be declared.
3.3Appointment to posts involving regular contact with children and vulnerable adults are subject to a satisfactory CRB check from the Criminal Records Bureau at the organisation’s cost.
3.4After appointment the organisation will expect employees to undergo a CRB check at the organisation’s expense every three years.
3.5Age UKLambeth will not discriminate unfairly against applicants with a criminal record. Having a criminal record will not necessarily bar an applicant from working for, or an existing employee from continuing to work for, Age UKLambeth; the nature of a disclosed conviction and its relevance to the post in question, will be considered.
3.6All information supplied by staff and volunteers will be treated in strict confidence. Where someone has a conviction that falls within one of the above categories we reserve the right to make further enquiries before reaching a decision on her/his suitability as a volunteer or employee.
3.7Age UKLambeth reserves the right to conduct checks on staff, trustees and volunteers through the Criminal Records Bureau, the Protection ofVulnerable Adults (POVA) List and Protection of Children Act (POCA) List. If this applies to your role within the organisation you will be informed by your line manager and advised of the necessary action which needs to be taken to obtain 'clearance'.Checks on existing staff can only be made with their consent.
3.8All applicants, staff and volunteers will be entitled to expect confidentiality for information supplied at the time of application about past convictions and any unauthorised disclosure of this information or related discrimination or harassment will be treated as a disciplinary matter.
4Criminal Records Bureau checks
4.1As an organisation using the Criminal Records Bureau (CRB) Disclosure service to assess applicants’ suitability for positions of trust, Age UKLambeth complies fully with the CRB Code of Practice and undertakes to treat all applicants for positions fairly. It undertakes not to discriminate unfairly against any subject of a Disclosure on the basis of a conviction or other information revealed.
4.2Due to the nature of our work all staff and volunteers will be required to undergo CRB checks. All application forms, job adverts and recruitment briefs will contain a statement that a Disclosure will be requested in the event of the individual being offered the position.
4.3We encourage all applicants called for interview to provide details of their criminal record at an early stage in the application process. We request that this information is sent under separate, confidential cover, to a designated person within ACLand we guarantee that this information will only be seen by those who need to see it as part of the recruitment process.The envelope containing the self disclosure information will only be opened in the event that the applicant is found to be appointable to the post available. If the candidate is not selected, the envelope will be securely destroyed.
4.4Prior to making a final recruitment decision about that individual and as part of the post interview processwe will ensure that an open and measured discussion takes place on the subject of any offences or other matter that might be relevant to the positionand which have a bearing on the candidate’s suitability for the post available. Failure to reveal information that is directly relevant to the position sought could lead to withdrawal of an offer of employment.
4.5We will ensure that all those in Age UKLambeth who are involved in the recruitment process have been suitably trained to identify and assess the relevance and circumstances of offences. We will also ensure that they have received appropriate guidance and training in the relevant legislation relating to the employment of ex-offenders, e.g. the Rehabilitation of Offenders Act 1974.
4.6We will make every subject of a CRB Disclosure aware of the existence of the CRB Code of Practice and will make a copy available on request
4.7We undertake to discuss any matter revealed in a Disclosure with the person seeking the position before withdrawing a conditional offer of employment.
5Handling of Disclosure Information
5.1Age UKLambeth complies fully with the CRB Code of Practice regarding the correct handling, use, storage, retention and disposal of Disclosures and Disclosure information.
5.2It also complies fully with its obligation under the Data Protection Act and other relevant legislation pertaining to the safe handling, use, storage, retention and disposal of Disclosures and Disclosure information.
5.3Disclosure information is never kept on the applicant’s file and is always kept separately and securely in lockable storage with access strictly controlled.
5.4Except in very exceptional circumstances, Disclosures will not be retained for any longer than 6 months after the date on which recruitment or other relevant decisions have been taken or after the date on which any dispute about the accuracy of the Disclosure information has been resolved
5.5We may however, keep a record of the date of issue of a disclosure, the name of the subject, the type of Disclosure requested the position for which the Disclosure was requested, the Reference number of the disclosure and the details of the recruitment decision taken.
5.6Disclosure information is only used for the specific purpose for which it was requested and for which the applicant’s consent has been given.
Approved by Board 22 September 2009-09-23.
Due for review 2011.
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