Recruitment of Ex-Offenders Policy (Staff)

1. Introduction and Scope

   • 1.1 This policy applies to the recruitment and selection of all staff, volunteers and governors at Leicester College. It should be read in conjunction with the College Recruitment and Selection Policy.

   • 1.2 For individuals who work at the College via an agency, the College will ensure that confirmation is received via the agency that relevant checks in relation to the employment of ex-offenders have been undertaken.

2. Purpose and Aims

   • 2.1 The purpose of the policy is to outline the process of assessing

     • 2.1.1 A job applicant’s suitability to work within Leicester College where a criminal conviction is disclosed by either

       • The job applicant directly;

       • The Disclosure and Barring Service via and Enhanced DBS certificate;

       • The Police or other Law Enforcement Agency, as additional information alongside the DBS certificate.

     • 2.1.2 An existing employee’s suitability to continue to work at Leicester College where they have received a criminal conviction or caution during the course of their employment.

   • 2.2 This policy outlines a fair and transparent process to enable the College to make fully informed and objective decisions on whether to continue with the appointment (or the employment) of an individual, whilst also ensuring the College meets its safeguarding obligations. Data will be processed in line with the requirements and protections set out in the UK General Data Protection Regulations.

   • 2.3 For the purposes of this policy “conviction” refers to a criminal conviction, caution, reprimand or warning, or where legal action is being taken against an individual which may result in a legal penalty.

   • 2.4 The College has adopted the Disclosure and Barring Service’s code of practice on the handling of Disclosure Information and will adhere to it in all circumstances.

3. Rehabilitation of Offenders

   • 3.1 The Rehabilitation of Offenders Act (The Act) allows most convictions, cautions and reprimands to be considered “spent” after a certain length of time has elapsed. This is known as the “rehabilitation period” and is determined by the sentence or disposal given. The Act provides individuals with spent convictions the legal right not to disclose them when applying for most jobs.

   • 3.2 However, most College based roles will fall under the Rehabilitation of Offender Act 1974 (Exceptions) order 1975, e.g. where the post is involved in regulated activity with children or adults and other activities which involve working closely with children or vulnerable adults such as caring for, training, supervising or being solely in charge of children under the age of 18 or vulnerable adults, and are exempt from The Act. The College is therefore entitled to request details of spent and unspent convictions and cautions that are not protected (i.e. eligible for filtering please see paragraph 4.9 below). This information will be taken into account when determining an applicant’s suitability for the role applied for in the College.

   • 3.3 Having a criminal conviction will not necessarily prevent an individual from working at the College. Decisions on whether or not to recruit and individual will only be taken following a detailed and considered assessment of all the circumstances.

   • 3.4 The College will not discriminate unfairly against any individual on the basis of a conviction, or any other information revealed.

4. Pre-Employment Checks

   • 4.1 It is unlawful for the College to employ anyone who is barred from working with children or vulnerable adults. Similarly, it is a criminal offense for any person who is barred from working with children or vulnerable adults to apply for a position at the College.

   • 4.2 During the recruitment process, all shortlisted applicants will be asked to disclose any relevant spent or unspent convictions and cautions that the College is legally entitled to know about using the Criminal Records Self-Disclosure From (appendix A). This includes all spent convictions, cautions, except those which are ‘protected’ (see paragraph 4.4 below). This form should be emailed to the recruitment team prior to the interview.

   • 4.3 Under the exemption order the following must be disclosed:

     • 4.3.1 All unspent convictions and cautions; and

     • 4.3.2 spent cautions and convictions of they meet the criteria in the table below:

   Disposal	Age when given/sentenced	How long since given/sentenced?
   Caution for specified offence	18 years or over	Any time
   Caution for non-specified offence	18 or over	Less than 6 years
   Conviction for specified offence	Any age	Any time
   Conviction resulting in custodial sentence	Any age	Any time
   Conviction for non-specified offence	18 or over	Less than 11 years
   Conviction for non-specified offence	Under 18	Less than 5 and half years

   • 4.4 A specified offence is serious and relates to:

     • 4.4.1 sexual offending

     • 4.4.2 violent offending and / or are relevant to safeguarding children and vulnerable adults;

     • 4.4.3 terrorism

       • The full list of specified offences can be found on the DBS website:

         Filtering rules for DBS certificates - GOV.UK

   • 4.5 Where the applicant is successful at the interview stage, the recruitment team will refer to their Criminal Records Self- Disclosure form. Where a criminal record is disclosed, please refer to Section 5 of this policy.

   • 4.6 Where a conditional offer of employment is made, a job applicant who is successful at the interview stage will receive a conditional offer of employment. This offer will be subject to a satisfactory Enhanced Criminal Record check with adult’s and children’s barred lists checks (where appropriate) by the Disclosure and Barring Service before an appointment is confirmed.

   • 4.7 An enhanced DBS certificate will always include:

     • 4.7.1 convictions that resulted in a custodial sentence

     • 4.7.2 all convictions for specified offences; and

     • 4.7.3 adult cautions for specified offences.

   • 4.8 An Enhanced DBS certificate may also include the following depending on when the caution or conviction was received:

     • 4.8.1 Any adult caution for a non-specified offence received within the last 6 years

     • 4.8.2 Any adult conviction for a non-specified offence received within the last 11 years

     • 4.8.3 Any youth conviction for a non-specified offence received within the last 5 and a half years

     • Cautions, reprimands and warnings received when an individual was under the age of 18 will not automatically appear on an Enhanced DBS certificate.

   • 4.9 As a result of the 2013, 2020 and 2023 amendments to the Rehabilitation of Offenders Act 1974 (exceptions order 1975), some minor offences are now ‘protected’ or ‘filtered’ convictions or cautions and should not be disclosed or included on a DBS Disclosure Certificate. Information volunteered by an applicant relating to ‘protected’ convictions and cautions will be disregarded. Further information can be found on the Ministry of Justice website: Guidance on the Rehabilitation of Offenders Act 1974 and the Exceptions Order 1975 - GOV.UK

   • 4.10 Furthermore, there may be occasions where the police choose to disclose information relating to a protected caution or conviction along with the Enhanced Disclosure where it is considered relevant to the role that the individual has applied for. This information will be taken into account as part of the vetting process.

   • 4.11 Failure to disclose previous information or relevant offences directly relevant to the position applied for or the provision of false information may lead to an application being rejected or an offer of employment withdrawn. Where this is discovered, after employment has started, this may lead to disciplinary action resulting in summary dismissal with possible referral to the Police. A failure to disclose a previous conviction may also amount to a criminal offence.

   • 4.12 The College will make a report to the Police and/or the DBS if:

     • 4.12.1 It receives an application from a barred person;

     • 4.12.2 It is provided with false information in, or in support of an applicant's application; or

     • 4.12.3 It has serious concerns about an applicant's suitability to work with children.

5. When a Job Applicant Declares a Criminal Conviction/Caution

   • 5.1 When a job applicant is considered successful at interview by the interview panel, the chair of the panel will inform the recruitment team who will review the Criminal Records Self Disclosure From. If a conviction, caution or other offence has been disclosed on the form, the recruitment team will complete part A of the Risk Assessment Form (appendix B) and forward to HR Business Partner who will hold a meeting with the applicant to discuss the declared information and complete part B of the Risk Assessment form. The College will then determine whether or not the information provided has an impact on the applicant’s ability to undertake the role they are applying for, before a final recruitment decision is made.

   • 5.2 The Risk Assessment Form will be sent to the Director of HR and Designated Safeguarding Lead who will complete part C of the Risk Assessment form and:

     • 5.2.1 Conclude whether or not the declared information impacts on the role applied for and

     • 5.2.2 Provide clear rationale of the reasons behind the conclusion

   • 5.3 The completed Risk Assessment Form will be retained with all other documentation relevant to the individual’s application.

6. When a DBS Certificate Identifies a Criminal Record

   • 6.1 Prior to confirming an offer of employment, the College must have sight of the applicant’s original DBS certificate. Where an applicant does not have a current DBS certificate via the DBS update service, the College will apply for one and any employment offer made will be subject to satisfactory clearance.

   • 6.2 Where a criminal record is stated on the DBS Certificate (and/or additional information is provided by the Police), and where the risk assessment has not already been undertaken (due to no convictions being stated on the Criminal Convictions Self-Disclosure Form), a member of the recruitment team will complete Part A of the DBS Risk Assessment Form and pass this to the HR Business Partner who will meet the applicant to discuss and complete part B of the Risk Assessment form.

   • 6.3

   • 6.4

7. Current Employees/Volunteers

   • 6.1 Prior to confirming an offer of employment, the College must have sight of the applicant’s original DBS certificate. Where an applicant does not have a current DBS certificate via the DBS update service, the College will apply for one and any employment offer made will be subject to satisfactory clearance.

   • 6.2 Where a criminal record is stated on the DBS Certificate (and/or additional information is provided by the Police), and where the risk assessment has not already been undertaken (due to no convictions being stated on the Criminal Convictions Self-Disclosure Form), a member of the recruitment team will complete Part A of the DBS Risk Assessment Form and pass this to the HR Business Partner who will meet the applicant to discuss and complete part B of the Risk Assessment form.

8. The Risk Assessment

   • 8.1 A Risk Assessment will be undertaken to fully assess information received about a criminal conviction and inform decisions on the individual’s suitability to undertake the role applied for/ remain in their current role.

   • 8.2 All decisions made in respect of an individual’s employment will be based on objective and factual consideration, and the rationale will record that serious consideration has been given to the potential risk of employing the individual.

   • 8.3

   • 8.4

   • 8.5

   • 8.6

   • 8.7 Possible outcomes of the Risk Assessment Process

     • 8.7.1 The possible outcomes are: • to appoint to post • Not to appoint to post Or for existing employees • to continue in current role, with the option of making reasonable adjustments (where possible); • to continue in a different role; for employees the alternative role wherever practicable should be on the same grade; • manage the individual under the College’s Disciplinary Policy, an outcome of which may be dismissal.