Recruitment of Ex-Offenders and CRB Processing Policy

1. Recruitment of Ex-Offenders and CRB Processing Policy A introduction for managers March 2007

2. Introduction • The guide provides an introduction to the key points of the Recruitment of Ex-Offenders and CRB Disclosure Processing Policy • It will give managers an understanding of when they should apply this policy • An accompanying employee handout has been developed • Copies of the policy are available on the intranet • Further advice may be obtained from your Directorate or Corporate HR Team

3. Why does the council need this policy? • This policy ensures that Sunderland City Council: • demonstrates its commitment to equality and diversity • complies with the legal requirements of the Rehabilitation of Offenders Act 1974 • complies with legislation and guidance with regard to the protection of Children and Vulnerable adults • The policy will support managers in developing a risk assessment approach when undertaking recruitment activity, developing services and engaging contractors and suppliers • The policy also encourages managers to ensure ongoing monitoring and review of requirements in relation to posts concerned with children and vulnerable adults, sensitive information or financial or audit responsibilities

4. When should managers use this policy? • This policy should be used when: • establishing or reviewing posts • undertaking recruitment and selection activity • tendering for services • engaging agencies or agency employees • engaging contractors or the self-employed • dealing with requests to undertake CRB disclosures on behalf of a third party • acting upon Disclosure information for prospective or current employees

5. Recruitment and Selection • Prior to commencing recruitment activity managers should decide, given the nature of the job, if it is appropriate to ask about criminal records and obtain a Disclosure • Managers should refer to the Recruitment and Selection Code of Practice and Sections 3 and 4 of the CRB policy • Risk assessments are important in establishing the need for a CRB Disclosure check • Ensuring all pre-employment checks are undertaken prior to engagement will contribute to managing risk • Guidance should be sought from HR relating to CRB checks for overseas applicants or UK nationals who have worked abroad (see notes page)

6. Recruitment and Selection • Disclosure should not be used a blanket requirement to manage risk, directorates should work with their HR teams to establish and maintain details of post where a Disclosure check is required • Remember a CRB Disclosure check is simply a snapshot in time and is not a substitute for risk assessment and performance management • CRB Disclosure checks will not deter individuals who have the potential to offend or who have not been caught! • Managers working in areas with responsibility for children or vulnerable adults or who are responsible for delivering services to those groups should seek guidance from their Directorate HR representative, to ensure best practice from Children’s Services policy is considered

7. What if a person has convictions? • Ex-offenders are not required to disclose a spent conviction unless the post is exempted and a CRB Disclosure check is required • Where a candidate discloses information relating to a spent criminal conviction and the post is NOT exempted this information should NOT be taken into consideration. This would be unlawful under the Rehabilitation of Offenders Act 1974 • A spent conviction is one where the seriousness of the offence and period of time elapsed since the offence is considered to have evidenced the individuals rehabilitation • Some convictions can never be spent, your HR representative will provide guidance on this

8. What if a person has convictions? • A criminal conviction does not prevent a person from taking up employment, this will depend upon a number of factors: • the nature of the post • if the conviction is spent or unspent • the nature of the offence • when the offence occurred • the number of offences • Where ‘soft information’ is received as part of the disclosure the existence of this information must never be revealed to an applicant (see notes page) • Managers will always receive support from their directorate HR representative in assessing disclosure information

9. Employees and criminal convictions • Employees should only be subject to a CRB disclosure check where it is appropriate to their job role, for example: • an employee is moving to a post where it is a requirement of the role • changes in legislation • there are serious grounds for concern about an employee (in which case their consent is required) • the employee has access to children or vulnerable adults or is in a finance or audit role which is ‘non-notifiable post’* and it is more than 3 years since the last CRB Disclosure check • Notifiable posts – certain occupations e.g. teaching staff, require the police to notify an individual’s employer or professional body of any criminal offence they commit when it happens (refer to appendix 3 of the policy for more information)

10. Employees and criminal convictions • Where an employee is deemed unsuitable for their current post as a result of a CRB Disclosure trace, managers should in conjunction with risk assessments, identify opportunities to re-deploy an employee • Where no suitable post is identified the council’s Capability and Disciplinary Procedures should be applied • Managers should continue to undertake appropriate risk assessments to ensure that ex-offenders are suitably employed • Managers should seek advice from their HR representative before instigating CRB checks

11. Employee appeals • Employees will normally be provided with an opportunity to discuss the circumstances of any Disclosure information before a recruitment decision is made • There is no formal appeals process against recruitment decisions based upon Disclosure information. Where appropriate, Director’s may seek advice and guidance from the City Solicitor prior to making any decision (see notes page) • The risks presented to the safeguarding of children and vulnerable adults, and the responsibilities of positions of trust will take priority over the rehabilitation of offenders • Applicants can appeal directly to the CRB if they believe a mistake has been made

12. Agencies, tendering for services and contractors • Section 6 of the policy provides guidance in relation to these areas some of the key messages are: • to ensure that those engaged to supply services or personnel to the Council have appropriate policies in place • managers assure themselves that organisations are adhering to those policies • ensuring that agency workers have the appropriate level of CRB Disclosure clearance • risk assessments are carried out prior to the engagement of external suppliers • ongoing risk assessments are conducted throughout the contract

13. Work experience • It is not necessary for a pupil engaged in work experience to undergo a CRB disclosure check even if that work involves working with children or vulnerable adults or in a finance or audit post • Measures should be put in place to ensure that a young person engaged in work experience is not left unsupervised • Only those employees with direct supervision and training responsibilities for work experience studentsneed to undergo a CRB Disclosure check • Thorough risk assessments should be undertaken • Where appropriate further advice should be sought from Directorate or Corporate HR teams

14. Any questions • Refer to the policy document which can be found on the intranet under Work / Policies and Procedures / Employee Policies • Contact your directorate HR representative • Visit the CRB website www.crb.gov.uk