Download DBS - Radnorshire Healthy Friendships

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Registered charity number 1114905
Recruitment of people
with a criminal record
DBS Checks
Revised 1st July 2013
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Introduction
The Disclosure and Barring Service (DBS) helps employers make safer recruitment
decisions and prevent unsuitable people from working with vulnerable adults and/or
children, through its criminal record checking and barring functions. As an organisation
that is frequently in direct contact with vulnerable people, Healthy Friendships uses the
DBS to carry out criminal record checks on relevant employees and volunteers.
Definitions
A vulnerable adult is defined as a person aged 18 or over who is receipt of one of the
following services
• Health care
• Relevant personal care
• Social care work
• Assistance in relation to general household matters by reason of age, illness or
disability
• Relevant assistance in the conduct of their own affairs
• Conveying (due to illness or disability or prescribed circumstances
A child is defined as a person who has not attained the age of 18
A regulated activity is defined in law and used to describe an activity, which involves
working with children or vulnerable adults, in a paid or unpaid capacity.
This comprises of various activities defined by the Home Office at
http://www.homeoffice.gov.uk/publications/agencies-public-bodies/dbs/dbsreferralsguidance/dbs-referral-faq?view=Standard&pubID=1127747
Policy Statement
Under the Rehabilitation of Offenders Act 1974, a person with a criminal record is not
required to disclose any spent convictions unless the position they are applying for, or
are currently undertaking, is listed as an exception under the act.
Due to the services offered by Healthy Friendships they have a legal responsible for
ensuring that all employees and volunteers are asked to reveal their conviction history.
In accordance with Healthy Friendships Vulnerable Persons Policy and Recruitment
Policy, we must exercise vigilance and rigour in the recruitment of staff and volunteers
who will be working with vulnerable groups. There are also legal obligations for the
organisation to check the conviction status of those participating in a regulated activity
with children or vulnerable adults.
Healthy Friendships will apply for a DBS Criminal Records Check for:
 All employees and volunteers who have direct or in the case of working in a
charity shop indirect contact with vulnerable people.
 All members of the Executive Committee / Board of Directors, in line with
guidance from the Charities Commission.
An employee or volunteer undertaking a role where a DBS check is required, and all
trustees, will not be able to fully participate in their role in an unsupervised capacity until
a satisfactory disclosure has been received.
Revised 1st July 2013
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In line with the trustees’ term of service and Healthy Friendships commitment to
safeguarding vulnerable people, all roles that are subject to DBS checks at the
recruitment stage will be subject to additional DBS checks every three years.
Healthy Friendships is fully committed to complying with the DBS Code of Practice
regarding the secure storage, handling, retention and disposal of DBS certificates and
certificate information. It also complies fully with its obligations under the Data
Protection Act and other relevant legislation.
Responsibilities
It is the responsibility of the Coordinator, with the approval of the Chief Officer, to
determine if a DBS Criminal Record Check is relevant. If a check is determined as
relevant it will be noted in the Terms Of Employment / Volunteer Role
The Coordinator is further responsible for ensuring that DBS checks are scrutinised and
up to date checks have been completed and recorded for all relevant employees and
volunteers. Ultimate responsibility for ensuring that Healthy Friendships commitment to
safeguarding vulnerable people is upheld lies with the Chief Officer and the Executive
Committee / Board of Directors.
Healthy Friendships is determined to make all efforts to prevent discrimination and other
unfair treatment against any of its Members, Volunteers, Befrienders, staff or any other
person or persons on the grounds of race, gender, religion, sexual orientation,
responsibilities for dependants, age (in so much as our organisation caters for adults
only), physical or other disability or offending background that does not create a risk to
children or vulnerable adults.
Healthy Friendships will ensure that any criminal record information given by an
individual is kept confidential and according to the requirements of the Data Protection
Act and where appropriate the DBS Code of Practice.
Management of risk
There is no such thing as a risk free environment. Just because someone has a criminal
record does not necessarily mean that they will be more likely to harm one of our
vulnerable Members. We also need to be aware to the potential damage to the reputation
of the organisation. Therefore when making decisions on whether someone with a
criminal record can become and employee, Volunteer or Member of the organisation
consideration must be given to the following factors:
What was the nature and severity of the criminal offence?
Were there just one offence or were there a series of offences?
How long ago was the offence(s)?
Since the offence, what has the individual done to improve their standing in society?
We have Volunteers who have criminal records and who provide an excellent service for
our Members – a criminal record in itself does not preclude being a Volunteer or
Employee. Examples where people can still be considered to work for us might be:
A conviction for cannabis two years ago
Fighting on a Saturday night when a young man
Shoplifting when experiencing mental distress
Revised 1st July 2013
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Examples where we could not consider employing a person might be:
Abuse of a vulnerable person/child
Sexual offences
Serial theft
Serious physical violence
Where the nature of the offence is very minor or very serious, it is relatively easy to reach
a decision. The difficulty as always is where the seriousness is not clear cut. In such
situations a written narrative countersigned by the applicant and the recruiting Officer
should be submitted to the CEO who will make a decision. In the event that the CEO is
unable to reach a decision, he/she will either seek more information or refer the case to
the Executive Committee.
If an applicant feels that they have not received fair treatment as in our Equality,
Diversity and Fairness Policy, they may appeal against a decision of the CEO or
Executive Committee.
Recruitment
All recruitment will follow Healthy Friendships’ set policies procedures and according to
Healthy Friendships’ Recruitment Code of Practice as set out in Annex 1.
Having a criminal record will not necessarily bar applicants from becoming a Member, a
Volunteer or a Befriender with Healthy Friendships. This will depend on the nature of
the role the applicant wishes to play within Healthy Friendships and background of their
offences.
Policy Revisions
This policy will be reviewed every three years and amended as necessary, or earlier in
accordance with any forthcoming legislation. All employees or volunteers should pass
suggestions or recommendations for the revision of any aspect of this policy through
normal channels to the CEO.
Revised 1st July 2013
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Annex 1
Recruitment Code of Practice
A
Healthy Friendships’ written Equal Opportunities and Recruitment of ex
offenders policy is made available to all applicants at the start of the recruitment
process. All Volunteers and Befrienders receive training on Equal Opportunities
legislation and are provided with a copy of our policy.
B
Healthy Friendships actively promotes equality of opportunity and welcomes
applications from a wide range of candidates including those with criminal
records.
C
Applicants with criminal records will be treated according to their merits and in
conjunction with any special criteria for the post. In the case of Radnorshire
Healthy Friendships, “special criteria” will usually mean working alone and
unsupervised with Vulnerable Adults. A criminal history that suggests a risk of to
Vulnerable Adults may mean that an application as a Member, Volunteer,
Befriender or member of staff may be refused.
D
Healthy Friendships will ensure that all those who are involved in the recruitment
process have been suitably trained to identify and assess the relevance and
circumstances of offences. We also ensure that such personnel have received
appropriate guidance and training in the relevant legislation relating to the
employment of ex-offenders eg the Rehabilitation of Offenders act 1974.
E
Healthy Friendships is engaged in work that helps and supports vulnerable adults.
Therefore, we will ask all applicants at the initial stages of their application, to
disclose all spent and unspent convictions at defined in the Rehabilitation of
Offenders Act 1974.
F
As Healthy Friendships is engaged in work that helps and supports vulnerable
adults a Criminal Records Disclosure through the Disclosure and Barring Service
(DBS) will be require for Volunteers, Befrienders and paid staff prior to them
working unsupervised.
G
Healthy Friendships will ask for details of an applicant’s criminal record at an
early stage of the recruitment process and before a Disclosure is undertaken. The
Coordinator and or Assistant Coordinators will gather this information in a
friendly tactful way and in a private interview room. The applicant will be
advised that the information will be treated as highly confidential and that it will
be disclosed only to those persons named in the recruitment process.
H
At interview or in a separate discussion, Healthy Friendships will ensure that an
open and measured discussion takes place on the subject of any offences or other
matter revealed by the applicant or through disclosure that might be relevant to
the position. Failure to reveal information that is directly relevant to the position
sought will lead to withdrawals of any offers made.
Revised 1st July 2013
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I
If an applicant reveals a serious criminal record to the Coordinator, the
Coordinator will with the agreement of the applicant, refer his/her concern to
the Executive Committee for consideration. Failure on the part of the applicant
to agree to this referral will mean an automatic rejection of the application.
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A decision to reject an application on the grounds of a serious criminal record
will usually mean that our organisation’s requirement that applicants must be able
to work alone and unsupervised with vulnerable people has not been met. The
reason for the applicant’s rejection will be provided in writing and a copy of the
appropriate policy attached.
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Healthy Friendships will advise all applicants of the existence of DBS Code of
Practice and provide a copy on request.
Revised 1st July 2013