Policy Statement on the Recruitment of Ex-Offenders

Recruitment of Ex-offenders - policy

SHEFFIELD CITY COUNCIL

POLICY STATEMENT ON THE RECRUITMENT

OF EX-OFFENDERS

1. As an organisation using the Criminal Records Bureau (CRB) Disclosure service to assess applicants’ suitability for positions of trust, Sheffield City Council 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 conviction or other information revealed.

1. Sheffield City Council is 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. We have written a policy on the recruitment of ex-offenders, which is made available to all individuals who are required to complete a Criminal Records Bureau disclosure.

1. We 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. A Disclosure is only requested after a thorough risk assessment has indicated that one is both proportionate and relevant to the position concerned. Appendix 1 contains an indicative list of posts subject to disclosure. This list is not exhaustive and may be amended from time to time. For those positions where a Disclosure is required, 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.

1. Where a Disclosure is to form part of the recruitment process, we 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 the Council and we guarantee that this information is only seen by those who need to see it as part of the recruitment process.

1. We will ensure that those Officers involved in the recruitment process will be suitably informed as to how to identify and assess the relevance and circumstances of Officers.

1. Unless the nature of the position allows the Council to ask questions about your entire criminal record, we only ask about “unspent” convictions as defined in the Rehabilitation of Offenders Act 1974.

1. At interview, or in a separate discussion, we ensure that an open and measured discussion takes place on the subject of any offences or other matter that might be relevant to the position. Failure to reveal information that is directly relevant to the position, could lead to withdrawal of an offer of employment.

1. We make every subject of a CRB Disclosure aware of the existence of the CRB Code of Practice and make a copy available on request.

1. We undertake to discuss any matter revealed in a Disclosure with the person seeking the position before withdrawing a conditional offer of employment.

1. Having a criminal record will not necessarily bar you from working with us. This will depend on the nature of the position and the circumstances and background of your offences.

APPENDIX 1

Examples of positions current subject to police checks.

This list is only indicative of the types of posts subject to disclosure. This list is not exhaustive and may be amended from time to time.

DIRECTORATE

/

POSTS TO BE CHECKED

CHIEF EXECUTIVES

Enhanced / Standard
DEL
Enhanced / Standard
√
√
√ / LIBRARIES:
-CHILDREN’S LIBRARY ASSISTANT
-BOOK START PROJECT OFFICER
-BOOKS FOR BABIES PROJECT CO-ORDINATOR
√
√
√ / √
√
√
√
√
√
√ / SPORT & COMMUNITY RECREATION:
-PLAY DEVELOPMENT WORKER
-ASST PLAY DEVELOPMENT OFFICER
-ASST SPORTS LEADERSHIP OFFICER
-ASST COMMUNITY REC OFFICER
-COMMUNITY REC OFFICER (HEALTH)
-COMMUNITY REC OFFICER (VARIOUS)
-PROJECT WORKER
-ASST SPORTS DEVELOPMENT OFFICER
-ASST SWIMMING DEVELOPMENT OFFICER
-ASST DIVING DEVELOPMENT OFFICER
-SWIMMING TEACHERS
√ / √
√
√ / CASUALS:
-SWIMMING TEACHERS
-CASUAL COACHES (VARIOUS)
-CASUAL PLAY ASSISTANTS
-VARIOUS CATEGORIES OF SUMMER VOLUNTEER
√
√
√
√ / PARKS & WOODLANDS:
-URBAN & COUNTRYSIDE RANGER (VARIOUS)
-PROJECT RANGERS
-ANIMAL PARK STOCKPERSON
-ANIMAL PARK SUPERVISOR
Enhanced /

Standard

/ DEL continued …..
√ / LIBRARIES:
-LIBRARY ASSISTANTS
√ / SPORTS FACILITIES:
-RECREATION ASSISTANTS
√ /

ADDITIONS

-PW COUNTRYSIDE –PARKA TTENDANTS
√ /

ER SERVICES

- SCHEME CO-ORDINATOR-TRADING STANDARDS
√ / √ /

PT HIGHWAYS

-SAFE ROUTES TO SC
-SCHOOL OFFICER
/

STREETFORCE

-COMMUNITY DEVELOPMENT & EDUCATION MANAGER
-COMMUNITY DEVELOPMENT & EDUCATION ASSISTANT MANAGER
-COMMUNITY DEVELOPMENT & EDUCATION OFFICER

-COMMUNITY DEVELOPMENT & EDUCATION ASSISTANT

EDUCATION

Enhanced /

Standard

√ / TEACHERS
√ / HEADTEACHERS
√ / DEPUTY HEADTEACHERS
√ / CHILD CARE ASSISTANTS
√ / NURSERY NURSES
√ / CRECHE WORKERS
√ / SCHOOL COMMUNITY LINK WORKERS
√ / YOUTH WORKERS
√ / FAMILY SUPPORT DEVELOPMENT WORKERS
√ / INSTRUCTORS
√ / CARETAKERS
√ / TECHNICIANS
√ / LEARNING MENTORS
Enhanced / Standard / EDUCATION Continued …..
√ / AFTER SCHOOL TUTORS
√ / SUPPORT ASSISTANTS
√ / ESCORTS (SCHOOL TRIPS)
√ / READING ASSISTANT
√ / OUTREACH WORKER
√ / CLASSROOM ASSISTANT
√ / CHAPERONE
√ / DETACHED WORKER – YOUTH SERVICE
√ / TUTORS (READING)
√ / RESIDENTIAL SOCIAL WORKER
√ / VISITOR LIAISON OFFICER
√ / TEACHING ASSISTANT
√ / YOUTH SERVICE VOLUNTEERS
√ / STEPS ASSISTANT
√ / NURSERY OFFICER
√ / TRAINERS
√ / EDUCATION WELFARE OFFICER
√ / RESIDENTIAL CHILD CARE OFFICER
√ / EDUCATION PSYCHOLOGIST
√ / BUILDING SUPERVISORS
√ / LIBRARIANS
√ / LUNCHTIME SUPERVISORS
√ / SCHOOL CROSSING WARDENS
√ / EARLY YEARS ASSISTANT
√ / PRIMARY/SECONDARY SCHOOL ASSISTANT
√ / PRIMARY/SECONDARY SPECIAL ASSISTANT
√ / LEARNING SUPPORT ASSISTANT
√ / CARE ASSISTANT
√ / BI-LINGUAL NURSERY WORKER
√ / LEARNING SUPPORT ASSISTANT
√ / CLASSROOM MENTOR
√ / COMMUNITY YOUNG CHILDRENS SERVICE
√ / ADVISERS
√ / LITERACY/NUMERACY CONSULTANTS
√ / WORKSTART TUTORS
NEIGHBOURHOODS
Enhanced /

Standard

√ / SHELTERED HOUSING WARDENS
√ / SHELTERED HOUSING CARETAKERS
√ / TENANCY SUPPORT OFFICER-INTERIM ACCOMODATION TEAM
√ / ESCORTS
√ / CLEANING STAFF IN CHILDRENS HOMES
√ / CLEANING STAFF IN THE CENTRE FOR VULNERABLE WOMEN
√ / DRIVER – PASSENGER/TRANSPORT
√ / DRIVER/ATTENDANTS
/ COMMERCIAL SERVICES AND TRANSPORT:
-ESCORTS
-COMMUNITY DEVELOPMENT AND COMMUNICATIONS ASSISTANT
-COMMUNITY DEVELOPMENT AND COMMUNICATIONS MANAGER
-ASS COMMUNITY DEVELOPMENT AND COMMUNICATIONS ASS
SOCIAL SERVICES
Enhanced /

Standard

√ / CHILDREN AND FAMILIES
-ALL POSTS
/

OLDER PEOPLE

-SOCIAL WORK TEAM MANAGERS
-SOCIAL WORKERS
-HOME SUPPORT ASSESSORS
-DRIVER/OUTREACH WORKERS
-OUTREACH WORKERS
-HOME CARERS
-MOBILE WARDENS
-SUPPLY POOL HOME CARE ORGANISERS
-HOME CARE MANAGERS
-DEPUTY HOME CARE MANAGERS
-SUPPORT WORKERS
-CENTRE ASSISTANTS
-DEPUTY TEAM LEADERS
-CARE MANAGERS
-INTERVIEWING OFFICERS
-SENIOR PRACTITIONERS

SOIAL SERVICES Continued …

/ √ / -SERVICE MANAGER
-OPERATIONS MANAGER
-DOMESTICS
-COOKS
-HOUSE KEEPER
-CENTRE ADMINISTRATOR
/

DISABILITIES AND MENTAL HEALTH

-DAY SERVICE ASSISTANT
-BUS ESCORTS
-AREA MANAGERS
-OPERATIONAL MANAGERS
-ASSISTANT OPERATIONAL MANAGERS
-DAY SERVICE WORKERS
-DAY CENTRE WORKERS
-RESETTLEMENT AND DEVELOPMENT WORKERS
-SUPPORT WORKERS
-SOCIAL WORKERS
-DAY SERVICE MANAGERS
-ASSISTANT AREA MANAGERS
-GROUP MANAGERS (PHYSICAL & LEARNING DISABILITIES)
-TEAM MANAGERS (MENTAL HEALTH)
-SENIOR OCCUPATIONAL THERAPIST
-OCCUPATIONAL THERAPY ASSISTANT
-OCCUPATIONAL THERAPIST
-SENIOR ADAPTATIONS OFFICER
-ADAPTATIONS OFFICER
-SERVICE MANAGER
-REHABILITATION WORKER
-DEVELOPMENT WORKER
-SUPPORTED LIVING CO-ORDINATORS
-OUTREACH WORKER
-SENIOR OUTREACH WORKER
-SUPPORTED LIVING PLACEMENT MANAGER
-PROJECT MANAGER
-PCP IMPLEMENTATION MANAGER
-SENIOR PRACTITIONER
-PRACTICE TEACHER
-CARE MANAGERS
-LEAD PROFESSIONAL
-RESETTLEMENT AND DEVELOPMENT WORKER
-DOMESTIC
-KITCHEN ASSISTANT
-COOK
-GROUP FACILITATOR
-SOCIAL INCLUSION MANAGER
-INTERVIEWING OFFICER
-VISITING OFFICER
-OPERATIONS MANAGER
√ / CENTRE ADMINISTRATOR

(List updated September 2003)

SHEFFIELD CITY COUNCIL

UNSPENT CRIMINAL CONVICTIONS

1.0REHABILITATION OF OFFENDERS ACT (ROA) 1974

1.1The Rehabilitation of Offenders Act (ROA) 1974 sets out to help people who have been convicted of a criminal offence and who have since lived on the right side of the law. In general, a person convicted of a criminal offence and who receives a sentence of no more than two and a half years in prison, benefits from the Act if they are not convicted again during a specified period. This period is called the rehabilitation period.

1.2In general terms, the more severe a penalty is, the longer the rehabilitation period. Once a rehabilitation period has expired and no further offending has taken place, a conviction is considered to be ‘spent’. Once a conviction has been spent, the convicted person does not have to reveal or admit its existence in most circumstances, including, for example, when applying for a job. In most circumstances, an employer cannot refuse to employ someone, or dismiss them, on the basis of a spent conviction.

2.0What is an ‘unspent’ conviction?

2.1If you’ve ever been convicted of an offence for which a sentence of more than 2 and a half years was imposed (regardless of the amount of time you actually spent in prison) this conviction can never become ‘spent’: it’s an ‘unspent’ conviction which you must disclose when asked about your criminal convictions (such as when applying for a job).

3.0Is this the only time a conviction is ‘unspent’?

No. If you were given a sentence of two and a half years or less, your conviction may still be unspent. Whether or not depends on the length of time that’s elapsed since the date of your conviction. This time is called the rehabilitation period – and it differs according to the type of sentence passed.

4.0So, what is the rehabilitation period for my sentence?

4.1The following tables show the range of rehabilitation periods for different sentences imposed. Until such time has passed from the date of your conviction, your conviction will remain ‘unspent’ and you will have to declare it to a potential employer. If this is the case, you should enter a cross in the YES box on the Disclosure application form at Section H, line 66. If your conviction is spent, you may cross the NO box.

TYPE OF SENTENCE IMPOSED

on adults aged 18 years and over at the time / NUMBER OF YEARS from date of conviction BEFORE CONVICTION BECOMES ‘SPENT’
Imprisonment or detention in a young offender institution previously known as youth custody) between six months and two and a half years / 10 years
Imprisonment or detention in a young offender institution (previously known as youth custody) of six months or less / 7 years
A fine or any other sentence for which a different rehabilitation period is not provided (eg: a compensation or community service order, or a probation order received on or after 3 February 1995) / 5 years
An absolute discharge / 6 months

4.2Except an absolute discharge, all of the periods above are halved if the person convicted was under 18 at the time. If you were under 18 and received a probation order on or after 3 February 1995, the rehabilitation period is two and a half years or until the order expires – which ever is longer.

4.3In the past, there were sentences that could be imposed only on young people. The rehabilitation periods for sentences like this are as follows:

TYPE OF SENTENCE IMPOSED

on young people aged under 18 years at the time / NUMBER OF YEARS from date of conviction BEFORE CONVICTION BECOMES ‘SPENT’
Borstal / 7 years
Detention Centre / 3 years
An order for custody in a Remand Home or an Approved School order / 1 year after the order expires

Some sentences like this carry variable rehabilitation periods.

TYPE OF SENTENCE IMPOSED

on young people aged under 18 years at the time / NUMBER OF YEARS from date of conviction BEFORE CONVICTION BECOMES ‘SPENT’
A probation order received before 3 February 1995, a conditional discharge or a bind over / 1 year, or until the order expires
(whichever is longer)
A care order or supervision order / 1 year, or until the order expires
(whichever is longer)
An Attendance Centre order / 1 year after the order expires
A Hospital Order (with or without a restriction order) / 5 years, or two and a half years after the order expires (whichever is longer

4.4In Scotland, supervision requirements made by Children’s Hearings have the same rehabilitation periods as care or supervision orders.

5.0What about people in the armed Services?

Rehabilitation periods for imprisonment in the Services are the same as in civilian life. For specific Service offences, the periods are as follows:

TYPE OF SENTENCE IMPOSED

on men or women in the armed Services / NUMBER OF YEARS from date of conviction BEFORE CONVICTION BECOMES ‘SPENT’
A sentence of cashiering, discharge with ignominy or dismissal with disgrace from Her Majesty’s service / 10 years
A sentence of dismissal from Her Majesty’s service / 7 years
A custodial order under the relevant Schedules and sections of the Army, Air Force and Naval Discipline Acts – where the maximum period of detention specified in the order is more than six months / 7 years
A sentence of detention in respect of a conviction in Service disciplinary proceedings / 5 years
A custodial order under the relevant Schedules and sections of the Army, Air Force and Naval Discipline Acts – where the maximum period of detention specified in the order is six months or less / 3 years

These periods are halved if the offender was under 18 at the time.

6.0What if I’ve been convicted again after the original offence?

6.1It depends. Later convictions only affect the rehabilitation periods of earlier convictions if they are imposed before the first conviction is completely ‘spent’.

6.2If it is one of the less serious offences, which can be tried only in a magistrates’ court (some more serious offences can be tried both by a Crown Court and by magistrates) the first conviction becomes spent at the time originally fixed. The rehabilitation period for the second offence will then run for its normal length.

6.3But if the later conviction is for an offence which could be tried in a Crown Court (for example, stealing) then neither conviction will become spent until the rehabilitation periods for both offences are over.

6.4If, however, the second conviction is so serious that it incurs a prison sentence of more than two and a half years, then neither the second nor the first conviction will ever become spent.

EMPLOYMENT WITH

SHEFFIELD CITY COUNCIL

CONDITIONS OF SERVICE - FORMER MANUAL EMPLOYEES – (Weekly and Monthly Paid

Full details of your particular Terms and Conditions of employment will be provided in a written statement of particulars should you be successful. In brief:-

PAY

Rate of pay is as described in the advertisement.

Payment is by credit transfer to your bank as follows:

i)Homecare, Day Centre Staff – Monthly on the 30th of the month or nearest working day.

ii)Older People’s Residential and Disability Hostels – Weekly paid, 2 weeks in arrears.

HOLIDAYS

Older People’s Residential and Disability Hostels:

21 days rising to 26 days after 5 years continuous service

11 Public Holidays

1 additional annual leave day (the floating day), the timing of which is subject to local consultation with employees.

Home Care, Day Centre Staff:

24 days rising to 29 days after 5 years continuous service

8 Public Holidays

1 additional annual leave day (the floating day), the timing of which is subject to local consultation with employees.

PROBATIONARY PERIOD

Employees who have direct access to children as defined in the Warner Report are subject to a minimum 12 months probationary period of employment. This applies to both employees joining Local Government Service and internal candidates coming to work with Children (transfer from other service areas).

SICKNESS/INJURY ALLOWANCE

Entitlement rises from 1 month’s full pay plus 2 months half pay after 4 months service, during first year of service, to 6 months full pay and 6 months half pay after 5 years service.

NOTICE PERIOD

The minimum notice you are entitled to receive is:

Seven days if you have worked for less than one month.

Four weeks if you have worked for over one month, then one week for each complete year of service rising to a maximum of twelve weeks after twelve years service.

The minimum notice you are obliged to give is 4 weeks.

HOURS OF WORK

39/37 per week.

MATERNITY LEAVE/PAY

12 weeks full pay and 12 weeks half pay if you have over one year’s continuous local government service within a total paid/unpaid leave period of up to 52 weeks (you must return to work for 13 weeks to qualify).

18 weeks leave (consists of 6 weeks at the higher rate, i.e. 90% of average earnings and 12 weeks at the lower rate – SMP) if you have less than one year’s continuous local government service. Statutory Maternity Pay, if you qualify, will be paid, otherwise Maternity Allowance may be payable from the Benefits Agency.

PATERNITY LEAVE

5 days paid leave.

FAMILY FRIENDLY POLICIES

The Council now operates leave schemes for parents, carers and staff requiring time off on compassionate grounds.

SUPERANNUATION

You will automatically be entered into the Local Government Pension Scheme irrespective of hours worked. You may, however, choose to opt out of the scheme.

Contributions are 5% if payments commenced before 31.3.98 or 6% of gross salary after 1.4.98. However, if you temporarily transfer into an APT&C post you will continue to pay 6% of gross salary if you return to your M&C post.

REMOVAL EXPENSES

If you have moved home to take up your new appointment with the City Council you may be entitled to removal expenses. Your existing home must normally be more than 20 miles from your new base and be within the city boundary to be considered for reimbursement.

NO SMOKING POLICY

The Council is committed to provide a completely smoke free environment except in areas which are specifically exempt.

RETIREMENT

Compulsory retirement age for men and women is 65 years.

GRIEVANCE/DISCIPLINE

The City Council has agreed procedures for dealing with individual collective grievances and disciplinary matters.

CODE OF CONDUCT