NHS Business Services Authority HR Policies Recruiting Ex-Offenders

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1 1. POLICY STATEMENT 1.1 The NHSBSA uses the Disclosure service provided by the Criminal Records Bureau (CRB) to assess applicants suitability for positions of trust. The NHSBSA complies fully with the CRB Code of Practice and undertakes to treat all applicants fairly. The NHSBSA also undertakes not to discriminate unfairly against any subject of a Disclosure on the basis of conviction or other information received. Guidance on dealing with disclosures is attached at Appendix This policy regarding the recruitment of ex-offenders and the handling, storage, security and disposal of Disclosure s is made available to all applicants who are required to provide a Disclosure, at the beginning of the recruitment process. 2. PRINCIPLES 2.1 This policy and procedure will be reviewed periodically by Corporate Human Resources and Trade Union(s). Where review is necessary due to legislative change this will happen immediately. 2.2 In accordance with the Authority's Equality & Diversity policy, this procedure will not discriminate, either directly or indirectly, on the grounds of gender, race, colour, ethnic or national origin, sexual orientation, marital status, religion or belief, age, trade union membership, disability, offending background or any other personal characteristic. 2.3 The NHSBSA actively promotes equality of opportunity for all and welcomes applications from a wide range of candidates, including those with criminal records, as we select all candidates for interview based on their skills, qualifications and experience. 2.4 Disclosures are only requested after a thorough risk assessment has indicated that it is proportionate and relevant to the post concerned. For those posts that require a Disclosure, all adverts, recruitment briefs and application forms will contain a statement indicating what level of Disclosure will be required in the event of an individual being offered a position. 2.5 rmally, the NHSBSA will only ask for details of unspent convictions as defined in the Rehabilitation of Offenders Act However, the NHSBSA reserves the right, if necessary, to ask details about an applicant s entire criminal record. 2.6 The NHSBSA has a number of HR Advisers who are registered with the CRB as the person authorised to handle Disclosures. HR Advisers have been suitably trained to identify and assess the circumstances and relevance of offences and have received appropriate guidance and training in the relevant legislation relating to the employment of ex-offenders. HR Advisers will advise and guide recruiting managers where a Disclosure has been made. Page 1 of 8 Issue 3 October 2006 Page 1 of 4

2 2.7 The NHSBSA undertakes to discuss any matter revealed in a Disclosure with the person seeking employment, before withdrawing a conditional offer of employment. The NHSBSA may conduct an interview to enable an open and measured discussion to take place regarding any offences or other matters that might be relevant to the position. Failure to reveal information that is directly relevant to the position sought, could lead to the withdrawal of an offer of employment. 2.8 The NHSBSA abides by the CRB Code of Practice. Every person who is subject to a Disclosure will be made aware of this Code of Practice and a copy will be provided to all applicants. 2.9 Having a criminal record will not necessarily bar a potential employee from working with the NHSBSA. This will depend on the nature of the position and the circumstance and background of the offence(s). Security, Storage, Handling, Use, Retention, And Disposal Of Disclosures And Disclosure Information 2.10 The NHSBSA complies fully with the CRB Code of Practice regarding the correct handling, use, storage, retention and disposal of Disclosures and Disclosure information. It also complies fully with its obligations under the Data Protection Act and other relevant legislation pertaining to the safe handling, use, storage, retention and disposal of Disclosure information. Storage, Access & Disposal 2.11 Disclosure information will be securely destroyed as soon as the relevant information has been noted. Disclosure information will be kept on personal files and where a Disclosure needs to be kept due to a dispute or because additional information has been supplied, it will be kept separately and securely in a non-portable, lockable storage unit. Where a Disclosure has been kept, it will be securely destroyed once the dispute is resolved or a decision made regarding employment or at the latest after 6 months. Access to Disclosure information is strictly controlled and limited to those who are entitled to see it as part of their duties. The NHSBSA will not keep any photocopy or other image of the Disclosure or any copy or representation of the contents of a Disclosure. However, for record purposes only, the NHSBSA will keep the following information The name of the subject The level of Disclosure requested The position for which the Disclosure was requested The unique reference number of the Disclosure Details of the recruitment decision taken Page 2 of 8 Issue 3 October 2006 Page 2 of 4

3 Handling 2.12 In accordance with section 124 of the Police Act 1997, Disclosure information is only passed to those who are authorised to receive it in the course of their duties. The NHSBSA maintains a record of all people to whom Disclosures and Disclosure information has been revealed and the NHSBSA recognises that is a criminal offence to pass this information on to anyone who is not entitled to receive it. Usage 2.13 Disclosure information is only used for the specific purpose for which it was requested and for which the applicant s full consent has been given. The NHSBSA will comply with all recommendations from CRB on the proper use and safekeeping of disclosure information. Acting as an Umbrella Body 2.14 As an Umbrella Body, the NHSBSA will take all reasonable steps to ensure that all organisations for whom it receives Disclosure information comply fully with the CRB Code of Practice and have a written policy regarding the handling, use, storage, retention and disposure of Disclosure information. Before undertaking a CRB check on behalf of another organisation, the NHSBSA will require the organisation to confirm in writing to the NHSBSA their intention to comply with the Code of Practice and that they have such a policy or if not practicable, will comply with the NHSBSA s policy. 3. PROCEDURE 3.1 When recruiting for a vacancy the Recruiting Manager needs to answer the questions on the Authority to Recruitment Form. If the answers to those questions result in a CRB check being necessary the Recruiting Manager needs to contact their Human Resources Adviser. 3.2 The Human Resources Adviser will ensure that the advert for the vacancy includes notification that it is essential that the successful applicant obtains a satisfactory CRB check and at what level that check must be, either standard or enhanced. 3.3 Corporate Human Resources will ensure that all applicants receive an additional sheet with their application form which explains the requirement for a CRB check. 3.4 Following shortlisting, Corporate Human Resources will send out a Disclosure Application Form and Guidance Booklet to all candidates invited for interview with the instruction that the completed form must be returned at the interview. 3.5 The successful candidates form will be verified and countersigned by one of the Human Resources Advisers who are registered with the CRB and sent for processing. 3.6 Once the form has been received from the CRB it will be processed by the Human Resources Adviser who countersigned the form. Page 3 of 8 Issue 3 October 2006 Page 3 of 4

4 3.7 The Human Resources Adviser will inform the Recruiting Manager if the Disclosure Application was satisfactory or if it contains any information that may affect the appointment decision. If the Disclosure Application contains such information, the Human Resources Adviser will discuss this with the Recruiting Manager (in all instances), and the individual concerned, where appropriate. 3.8 Where the information contained on the Disclosure Application form significantly impacts on a candidates ability to undertake the post for which they have been appointed, the offer of employment must be withdrawn. 3.9 If the Disclosure Application contains no information, or information that is not relevant to the post, the offer of employment can be confirmed (subject to all other pre-employment checks having been completed) Any decision to withdraw an offer of employment must be reached by the agreement of the Human Resources Adviser and Recruiting Manager. Where both parties fail to agree the decision will be referred to the Authority s Lead Counter signatory (Director of Human Resources) for a final decision The decision to withdraw an offer of employment must be confirmed both verbally and in writing to the candidate concerned All completed Disclosure Application Forms will be recorded and retained by Corporate Human Resources. The forms will be recorded, stored and destroyed in line with the Data Protection Act, this policy and CRB guidance. Page 4 of 8

5 Appendix 1 Dealing With Disclosures In Recruitment & Selection GUIDELINES FOR MANAGERS Introduction The NHSBSA uses the Disclosure Service provided by the Criminal Records Bureau (CRB) to assess applicants suitability for positions of trust. When advertising/recruiting to a vacant post you must decide whether that position requires a CRB check and if so, at what level. You can use the table outlined overleaf to assist you in making this assessment. If you decide that a CRB check needs to be undertaken you must inform the Human Resources Department who will ensure that the requirement for a check is made clear in the advertisement. Departments dealing with their own recruitment will have responsibility for ensuring that the advert contains the requirement for a CRB check. Types Of Check Available There are two types of check available: STANDARD DISCLOSURE Includes details of all convictions, cautions, reprimands and warnings held on the Police National Computer (PNC). If the position involves working with children or vulnerable adults, and the relevant boxes have been marked on the application form, information from the Protection of Children Act List (PoCA); information from the Protection of Vulnerable Adults List (PoVA) and information held by the DCSF under Section 142 of the Education Act 2002 of those considered unsuitable for, or banned from, working with children. It also states if there is nothing on record. ENHANCED DISCLOSURE Includes details as the Standard Disclosure but in addition includes information from local police records that a Chief Police Officer thinks may be relevant in connection with the position sought. It will also state if there is nothing on record. Page 5 of 8

6 Deciding if a CRB check is required Will the job holder be required to work with children? Yes 1 Will the job holder be required to have regular contact with vulnerable adults? Is the job holder required to be a member of the Legal Profession and a recognised member of the Law Society? Will the job holder be based at a location where they may come in to contact with children or vulnerable adults, such as a hospital or prison? Will the job holder be regularly caring for children or vulnerable adults? Will the job holder be required to be a named person for the Authority in respect of gaming, lottery or entertainment licences? Yes 2 Yes 2 Yes 1 Yes 1 Yes 1 1 Enhanced Disclosure 2 Standard Disclosure If the answer to any of the questions above is YES then a CRB check must be undertaken at the level indicated. Useful Questions & Answers Q) How do I actually get a CRB check for someone that I want to appoint? Once the Recruitment Panel have agreed on which candidate/s they would like to make an offer of employment to they must inform Human Resources who will arrange for a form to be sent to the candidate with the offer letter. The letter will detail to whom the candidate must furnish the required proofs of identity/address. This will probably be the recruiting manager, or HR, who will complete the appropriate section of the CRB application form. The recruiting manager will then send the form to HR for counter-signature and to be forwarded to the CRB to be processed. The completed form will be returned, by the CRB, to the Human Resources Adviser who counter-signed the form. The Adviser who has dealt with the form will contact the recruiting manager to inform them of the outcome of the check. Q) What do I say to the successful candidate about CRB checks when I make the offer of employment? Page 6 of 8

7 A) All you need to do is inform them that the offer is subject to satisfactory preemployment checks including CRB check, medical clearance and references and that they should not hand in their notice until they are contacted to confirm that the checks have been successful. Q) If a check is returned by the CRB with information about convictions on it, do I automatically withdraw the offer of employment? A) The decision to appoint a candidate must be based on them meeting the essential criteria for the post and by them demonstrating the relevant skills and experience at interview, however, Disclosures must be taken into account before the final appointment decision is made. There are certain convictions that automatically ban a person from working with young children or vulnerable adults in any capacity. Further advice may be obtained from Human Resources. Disclosures must be considered in the context of the job for which a person has applied and consideration must be given to the nature of the offence and the length of time since the offence took place suitable applicants should not be refused jobs because of offences that are not relevant to the post for which they are applying. Q) What if I am not sure about the information contained on the Disclosure form and want further clarification or explanation? A) If a Disclosure form comes back with a declaration on it, you have the right to discuss its content with the individual concerned. You can use this opportunity to clarify the circumstances surrounding the offence to determine whether this affects your appointment decision. It is recommended that this is done confidentially, and that it is recorded and the notes kept with all other information for that individual. Please remember you must include one of the Human Resources Advisers listed overleaf in this discussion, preferably the Adviser who has counter-signed the candidate s form. Q) Even if I have identified that a post requires a CRB check, can I appoint without getting one? A) All offers of employment must be made subject, where relevant, to all the relevant pre-employment checks being completed, this also applies to Disclosures. Successful candidates should not commence employment without all of the relevant clearances having been given (references, medical, CRB). Q) What if I decide that the offer of employment needs to be withdrawn? A) If you receive a Disclosure form which may seriously affect a candidate s ability to be employed in a certain profession then the offer of employment may legitimately be withdrawn. If an offer is withdrawn, it should be done following discussion with the individual concerned and must be justifiable in the circumstances. Actual withdrawal of the offer should be done in writing and notes of any conversations retained on file. Page 7 of 8

8 Q) Where do I keep Disclosures and how do I record them? A) All Disclosure applications and results will be logged on a secure spreadsheet for recording purposes. The forms will be securely destroyed once the recruiting manager has been notified. Q) Who do I contact if I want to discuss anything about CRB checks further? A) The CRB stipulates that only registered people can counter-sign forms therefore you will need to contact one of the following Human Resources staff if you have a form to be processed: Human Resources Contacts Telephone number Rebekah Coombes Lisa Crawley Julie Field Julie McGinley Jo Ramsey Lynn Scott Brenda Wintrip If you want to discuss any other aspect of CRB checking in further detail please contact someone from the above list. Page 8 of 8