Regulations for the consideration of applicants withacriminalconviction

Responsibilityof:UniversitySecretary

Original approvaldate:June2016

Reviewdate:June 2021

Approvedby:AcademicBoard

Consultationvia:Admissions/RegistrarsGroup/ Students’Union

1Scope of the regulations

1.1These regulation areto enable the University to consider applications from those who have declared convictions (including cautions, reprimands or warnings) on their application form.

1.2Applicants to courses which lead to professional registration are required to apply for an enhanced disclosure with the Disclosure and Barring Service and any convictions will be considered under the DBS Screening Regulations.

1.3Students who are convicted of a criminal offence following their admission to the University will be considered under the Student Disciplinary Regulations.

1.4When considering admission for professional courses where a Disclosure and Barring (DBS) check is required, all convictions are relevant including those that are spent. For all other courses, the University will only review unspent convictions.

2Policy statement on the admission of applicants with criminal convictions

2.1TheUniversity of West London wishes to ensure that higher education is available to all who will benefit from it. In this context, having a criminal record will not necessarily mean that an applicant cannot be admitted to their chosen course. All criminal convictions (including cautions, reprimands or warnings) are considered in the context of the Rehabilitation of Offenders Act (1974) and the University will only consider relevant convictions.

2.2The University must balance fairness to the individual with its responsibilities to provide a safe and secure environment for its staff, its students, visitors and others. Where a student has applied for a course leading to professional registration account must also be taken of the requirements of the professional bodies.

2.3In considering whether to make an offer,account will be taken of theapplicant’s qualifications,experience, and overall profile. The University will also consider whether the criminal record of an applicant gives reasonable grounds for considering that the admission of the individualposes a real threat to the safety or property of staff, students, visitors or others involved in University business. The University reserves the right to refuse to admit where it believes thattheir criminal recordmakes it inappropriate for them to be admitted/attend.

2.4TheUniversity reserves the right to declinetoadmitanapplicanttoacourseifitdiscovers,atanytime,thattheapplication was based on, or contained, false, incomplete, ormisleading information relating to criminal convictions.

3Relationshipto DBS Screening Regulations

3.1Applicants tothe courses which lead toprofessional registration listedbeloware required to undergo a DBS check prior to confirmation of their offer:

BSc (Hons) Nursing

BSc(Hons)Midwifery(Shortened18monthand3year courses) DiplomainOperatingDepartmentPractice

BSc(Hons)in SocialWork

Return to Nursing Courses.

3.2Applicants will beinformedviathe Prospectus,UCASwebsite andother courserelatedinformation thatthese courses arenot exemptedunder theRehabilitationof Offenders Act(1974). Thismeansthat all convictions (including cautions,reprimandsor warnings),whether spentor not,mustbe disclosed.

3.3Applicants will beaskedto disclose all information regardingcriminal offences duringtheir application.Theseapplications will beconsideredunder theDBSScreeningRegulations.

3.4Applicants to the LLB in Law should note that although the decision to admit a student onto the course is not subject to a DBS check, the profession is not exempt from the Rehabilitation of Offenders Act (1974) and therefore they may not be able to become a solicitor or a barrister. Applicants should seek further advice from the Law Society.

4Requirement for disclosure at admissions

4.1Applicantsapplying throughUCAScompletea declaration onthe UCASformrelatingtocriminal convictions.Thenotesprovided by UCAStoassist students incompletingtheirformprovideguidanceon whatconvictions needtobe declaredandfor whichtypes of courses. As outlined above, for the courses in Section 3 above which lead to professional registration, all convictions must be declared. For those on other courses, only those that are unspent must be declared.

4.2Applicantsapplying directly viatheUniversity are alsorequiredto provideinformationrelatingtoconvictions ontheir University applicationform.

4.3In addition to information on the application form, the University may be made aware that the applicant hasaconvictionthrough:

  • The applicantinforminga member ofUniversitystaffduringtheapplication process
  • Theapplicantinforminga member ofUniversitystaffatan interview

Staff must inform the Admissions Office of any such declaration and it will be processed as outlined below.

5Process for dealing with applicants

5.1The University will initially review the application on academic grounds. If the University does not consider that the applicant is qualified, it will not offer a place and no further action will be taken.

5.2Where an applicant who has declared a relevant conviction is academically qualified and the University wishes to make an offer, he/shewill besentaletter (Appendix1)requesting the details surrounding theconviction,together with anymitigating circumstancestosupport the application. This will be undertaken prior to any offer being made. The applicant will also be asked to supply two character references, including where relevant that of a probation officer.

5.3Ifthe applicantfails torespondbythespecified date,theapplication will notbe processed.Thisdatewill besettaking intoaccountany relevantUCAS deadlinesforapplications

5.4Ifatanystage, byanymeans,informationsubsequentlyreveals a relevant criminal convictionthathasnotbeen previouslydeclared,the applicationwill not normally beprocessed.

5.5Onreceiptofthefurther information,theAdmissions Office shall refer all information,including the ApplicationForm where relevant, any accompanying documentation and detailsofthe natureofthe offence(s) andconviction(s),totheHead of Academic Registry who will convene a panel as set out below.

6Panel to consider criminal convictions

6.1ThePanel shall consistofthree seniormembers ofstaffincluding the Head of Academic Registry, the Head of Student Services or Nominee and a senior academic. The panel will be arranged and supported by the Senior Compliance Officer.

6.2The panel’s duty is to make recommendations, based on the evidence, to Deputy Vice Chancellor.

7The Panel meeting

7.1ThePanel will meetwithin 21 days ofreceiptoftheinformationreferred toinSection 5(above).

7.2In arriving ata decisionthepanel will review:

  • Applicationform/academic record
  • Statementifsubmitted
  • Character references
  • Anyother supportinginformationsubmitted

7.3Thepanel will make a decisiontaking intoaccountthefollowingoverarchingprinciples tojudgewhether theoffence(s):

  • Constitute,ornotconstitute,arisktothesafetyand/orwellbeing ofother membersoftheUniversitycommunitythatisinconsistent withtheUniversity’s dutyofcare.
  • Lead, ornotlead,tothe possibilityoftheapplicantqualifying fora professionwherethenature ofthe offence(s)disbars a person fromenteringthat profession.

7.4Inreaching its judgement,thePanel shall takeintoaccountthe following:

  • Whether thecriminalrecord hasanybearingontheapplicant’ssuitabilityto be amember ofthestudentbody
  • Thelengthoftimesincethe offence(s)was committed
  • Whether theapplicanthas re-offendedand,if so,whether thereis a patterntothere-offending;
  • Thecircumstances surrounding theoffence
  • Whether theapplicant’s circumstanceshavechangedin any significantwaysincethe time ofthe offence(s)
  • The applicant’s explanation ofthe offence
  • Evidencesubmitted bytheapplicant,or referees, ofgood character.

7.5ThePanelmustreacha decisionbasedonthe balance ofprobabilities, based onallofthefacts available atthetime.

8Panelrecommendations

8.1The panel may make the following recommendations:

8.1.1Tooffer aplaceonthecoursesubjecttootherentrycriteria being met;

8.1.2To offer a place on the course subject to specific conditions;

8.1.3 Torequestfurther informationfromthe applicantregarding the offence.

8.1.4Nottoproceedwiththeapplication.

8.3In all cases thepanel will takeinto accountthereasonable interests ofall concerned and the proportionality of any decision.

8.4ThePanelneednotbe unanimousinitsdecision,butshouldbaseits decisiononthemajorityview.Wherethereisnotamajorityview,the Chair will havethecastingvote.

8.5ThePanel shall communicateits judgement,withreasons,and Deputy Vice Chancellor,whowill beconsider the recommendations, in conjunction with the Vice Chancellor’s Executive where appropriate.

8.6The Panel will keep a record as outlined in Appendix 2.

9.Proceduresif an applicant doesnotsubmit astatement.

9.1Iftheapplicant doesnotsubmit a statementand/or supporting informationtothepanel anddoesnotcommunicate the reasonfor their non-submission,theChair ofthePanel will consider whether sufficient effort was madetocontacttheapplicantandrequestthe requiredinformation andsowhether the Panel should:

(a)proceedinthe absence ofthestatementor

(b)adjourn the panel to give the applicant one further opportunity to submit further information.

10.Record keeping and data protection

10.1Information relating to convictions is sensitive personal data under the terms of data protection legislation and staff should ensure that all such information is stored and protected in accordance with the University’s data protection policies and procedures.

11.Notification of thepanel’sdecision to theapplicant

11.1Theapplicantwill benotifiedinwritingofthePanel’s decisionby the Admissions Office withinfiveworking days ofthe outcome ofthePanelmeeting.

12.TheRight ofAppeal

12.1TheApplicant hasaright ofappealagainstthe decision ofthe

Panel. Appeals againstthe decisionsofthePanel will onlybeconsideredon thefollowing grounds:

(a)thedecision to not admit the applicant was notcommensuratewiththe seriousnessoftheconviction;

(b)thefindingsoffactinsupportofthe decisionweremanifestly perverse;

(c)thatthePanel wasnotconductedin accordancewiththese procedures

(d)newevidence hasbeenmade availablethatcould notbeavailable atthetime ofthe Panel andwhichcould have beenexpectedto have materiallyaffectedthedecision ofthe Panel.

13 Procedure forthe appeal

13.1An appeal againstthedecision ofthePanelmust bemadeinwriting totheUniversitySecretarystatingin full the groundsfor theappealandmustbesubmittedwithin20workingdays after receipt oftheletter informing thestudentofthe decision ofthePanel

13.3TheUniversitySecretarywill reject anyappeal againstthedecisionof the Panel thathasnotbeenlodgedin accordancewiththetime period set outin13.1 aboveor which does not demonstrateone ofthe

groundsforappeal setoutin12 above.In thatevent,theUniversity Secretarywill sendaletter to theappellantas soonaspossiblegiving his or herdecisionandthereasonsfor it.

13.4The University Secretary will then review the findings of the Panel to ensure that they are reasonable and that there was no error in the findings or the procedure. Where there is new evidence this will be referred back to the Panel for consideration who will review it in line with the procedures set out in 7 above.

13.6ThePanel willconsider all further informationsubmitted bythe

applicant.

13.7Following thecompletionofthe Panel Meeting,the Panelmaydecide:

  • reconsider the original decision; or
  • to recommend that the original decision should stand.

13.8TheUniversity Secretary will decide upon the appeal and his/her decision will befinal. Decisions on the appeal will be final.

Appendix1 -Standard Form ofLetter for general applicants

PRIVATEAND CONFIDENTIAL [Date]

Dear[Applicant]

Thankyoufor yourapplicationtostudyat theUniversityofWestLondon.You have declaredonyour ApplicationFormthat youhave acriminalconviction.The UniversityofWestLondonhasapolicyon theadmissionofapplicants withrelevant criminalconvictions (available at [insert link].

Inorder toconsider your applicationfurther, theUniversityhastoconsider detailsof thenatureofyouroffence(s) andconviction(s).

SpentConvictions

Certain convictions become spent after a certain period of time. If your conviction is spent you should confirm this in writing and your application will proceed as normal.

[You should note,however, that as you are applying for the LLB, you may not be able to become a solicitor or barrister with a conviction. You should consult the Law Society on this issue.]

Unspent convictions

Ifyourconviction is unspent, thenyou mustprovidethe following:

  1. Details ofthenatureofyouroffence(s) and conviction(s),fromanofficialsourceifpossible,suchasyourprobation officer,solicitoretc.

2.Pleasesupplyapersonalstatementgiving the circumstances surroundingthecommissionoftheoffence(s).Thisshould include:

  • Thedateoftheoffence
  • Thenatureoftheoffence
  • Thesentence
  • AnyotherinformationyouwishtheUniversityto takeinto accountinconsideringyourapplicatione.g. personal mitigatingcircumstancesat thetimeoftheoffence
  1. Pleasealso supplymewithtwo additional references(twoactual references,notjust namesandaddresses)frompeoplewhoare awareofyourconvictionandcangive detailsastowhy youshould beacceptedas astudentat the University of West London. This should include your probation officer if you have one.

Pleasesend all information to:

AdmissionsOffice

TheUniversityofWestLondon

St.Mary'sRoad

London

W55RF

Itwouldbehelpful ifyoucouldprovidemewiththedetailsIhaverequestedno later thanfourweeks fromthedateofthis letter. I regretthatifyoudonotcomplywith myrequestbythisdate,theUniversitywill notconsideryourapplicationfurther.

Iassureyouthat anyinformationyouprovidewillbetreatedinthestrictest confidence.

Yourssincerely

[insert namehere]

AdmissionsAdministrator

Appendix 2

Form forassessing riskinrelationto applicantswho have relevant criminalconvictions

NameofApplicant: UCASNumber:

CourseAppliedfor:ProposedYearofEntry:

AdditionalNotes / RiskAssessment
Didtheapplicantdisclose pastconvictions/cautionson theUCASapplicationform? / Yes / No / IfNO,questionapplicantaboutwhy:
Ifmitigatingcircumstancesthencompleteassessment.
Ifnomitigatingcircumstances,endapplicationprocessif appropriate.
IfYES,completethisassessment.
Whatwasthe offence?
(use additionalformsifmore than one offenceandnot sufficient spacehere)
Detail here or attachCRB DisclosureForm
RISKLEVELINRELATION TOQUESTIONS: / HIGHMEDIUMLOW
Whatwasthe sentence?
Custodial / Suspended, community, conditionaldischarge / Warning, caution, reprimand, fine, absolute discharge
Whenwasthe offence committed? / Date: / High
In the past3 years / Medium
Between3 and 10 years / Low
More than 10years before
AdditionalNotes / RiskAssessment
Isthetype/nature oftheoffence directlyrelevanttotheprogrammeappliedfor?
Ifyes,inwhatway? / Yes / No / High
Yes / Medium
Some linkbetween offence and aspectsof course ofstudy / Low
No
Istherea pattern ofspecific offences?
Ifyes, state natureof pattern: / Yes / No / High
Yes / Medium
Some instances / Low
No pattern
Hasthe applicantsupplied additionalreferences? / Yes / No / High
Refereesdeclareapplicant unsuitable / Medium
Refereessharesome reservations / Low
Refereesdeclare applicant suitable
Howdotherefereesratethe applicant’ssuitabilityfor attendance atthe institution and participation inthe life ofthe institution? / Yes / No
Doesthe applicant/referee offer any mitigating circumstances concerning pastoffence/s? / Yes / No / High
No / Medium
Some mitigating circumstances / Low
Yes
Anyaggravatingfactorstotakeintoaccount(e.g.intent/harm/exploitation/breachof trust): / Whathaschangedsinceoffenceoccurred?(e.g.treatmentetc)
Applicant’sattitudetowardsoffence/s?
Whoelsehasbeenconsultedaboutthisdisclosure(partneragencies/probationofficer etc): / Name: Position:
Dateconsulted: Reply: / Name: Position:
Dateconsulted: Reply: / Name: Position:
Dateconsulted: Reply:

CriminalConvictionsPanel – DeclarationandDecision

ThePanelunderstandstheUniversity’spolicyontherecruitmentof applicantswithcriminalconvictionsandhasrecognisedthisin itsdeliberations.

OnconsiderationoftheriskassessmentformandothermaterialssubmittedbytheapplicantandothersthePanelbelievesthattheapplicant/shouldnotbe invitedtoproceedwiththeadmissionsprocessforthefollowingreasons:

Signed:Date:

Dateapplicantinformed:

Copyof letterappended?Y/N

Detailsof additionalattachments/appendices/reports/letterfromapplicantorrefereeorprobationofficerorsimilar

Form completedby:(name)(signed)(date)