DISCLOSURE OF CRIMINAL

CONVICTIONS POLICY

INSERT ORGANISATION NAME considers that this policy is required in order to comply with the regulations in the Criminal Records Bureau’s Code of Practice. INSERT ORGANISATION NAME must ensure that Trustees, Volunteers and staff have a check made on their criminal convictions or cautions, before starting work and existing employees are checked every three years.

1.  The groups of Trustee, Volunteers and staff to be checked are those:

(i)  Where there is access to money, cheque books, cheques or financial recording systems.

(ii)  Where there is access to confidential information

(iii)  Where the Trustee, Volunteer or staff have access to vulnerable people i.e. Under Section 115 (4) (a) of the Police Act 1997 describes vulnerable people as:

·  Anyone under the age of 18

·  Anyone receiving:

Ø  accommodation and nursing or personal care in a care home

Ø  personal care in their own home through a domiciliary care agency

Ø  healthcare services provided by an independent hospital, independent clinic, independent medical agency or NHS body

Ø  services provided in an establishment catering for a person with learning difficulties

·  Anyone who could be described as having:

Ø  a substantial learning or physical disability

Ø  a physical or mental illness, chronic or otherwise, including an addiction to alcohol or drugs

Ø  a substantial reduction in physical or mental capacity.

Anyone working or volunteering with the above groups for the organisation will be required to apply for an enhanced CRB Disclosure.

Applicants to New Positions

a)  A satisfactory CRB check is a condition of starting as a Trustee, volunteer or staff member that fall’s into any of the categories outlined in 1. i,ii,iii. Failure to comply with this without reason will result in dismissal or not being appointed to the post offered.

b)  When applying for a position, candidates are told on the application form that INSERT ORGANISATION NAME would be asking for a satisfactory CRB check as a condition of involvement with the organisation, should their position fall within categories 1.i,ii,iii. This is processed through the Criminal Records Bureau and the cost will be met by INSERT ORGANISATION NAME.

c)  The application for disclosure is processed by an independent CRB umbrella organisation, approved by INSERT ORGANISATION NAME Trustees and your application form will be verified by a INSERT ORGANISATION NAME line manager trained in verifying the identification required for CRB checks. The identification seen should be at least Two items of photographic evidence (e.g. current passport or a new-style UK driving licence or Birth Certificate) and one item of address-related evidence (e.g. a utility bill, bank, credit card or mortgage statement), this should have the full name and address of the applicant. Where an applicant has changed their name, evidence will need to be seen (e.g. marriage certificate). You will also need to know your National Insurance Number. For full details of the ID that can be used to verify your CRB please see the INSERT ORGANISATION NAME fact sheet CRB checks-Documentation necessary (in INSERT ORGANISATION NAME handbook/policies).

d)  New candidates may start employment or volunteer placements subject to a pending CRB as long as they have no unsupervised contact with vulnerable people pending satisfactory receipt of a CRB.

e)  A copy of the disclosure will be sent to both the applicant and INSERT ORGANISATION NAME

f)  The staff member, trustee or volunteer should show their CRB to their line manager as soon as they have it. Trustees should show their CRB to the Chief Executive. The line manger will take a note of the candidate’s name, CRB number, date the CRB was seen and whether the CRB was clear or contained details of convictions, these details will be recorded on a Proof of Enhanced Disclosure form (blank forms are contained in the INSERT ORGANISATION NAME staff handbook under Employment). This form will be stored in your personnel file.

g)  If there are any convictions (spent or unspent) or matters of concern raised, the CRB Umbrella Organisation will inform INSERT ORGANISATION NAME

h)  If there are convictions (spent or unspent) that are of concern an Assessment Panel of at least one trustee and the CEO will assess whether or not the offer of employment can go ahead.

Existing Trustee, Volunteers and Staff Members

INSERT ORGANISATION NAME considers that in order to protect the interests of Trustee, volunteers and staff members, service users and the charity, existing Trustee, volunteers and staff working with vulnerable adults will also be subject to disclosure every 3 years. Where a conviction (spent or unspent) or matter of concern is raised, there are a number of possible outcomes:

(iv)  The check shows up conviction(s) or caution(s) that association already knows about and which the association has already decided do not affect the individual’s employment. In this circumstance, no action will be taken.

(v)  The check shows up conviction(s) or caution(s) that are spent or unspent, which INSERT ORGANISATION NAME were not aware at the time of appointment.

(vi)  The check shows up conviction(s) or caution(s) that are spent or unspent, that happened after appointment and before the check.

In the event of either (v) or (vi), depending upon the nature of these, the various time spans involved (e.g. since the conviction or caution, since expiry, etc), the Assessment Panel could either take no action or decide to refer to a separate Disciplinary Panel.

If the Assessment Panel refers an employee to a separate Disciplinary Panel, the Disciplinary Procedure will be used. This gives the employee the chance to state their case and to appeal against any decision.

At the disciplinary, the Panel would decide whether or not a sanction should be given and if so, at what level. This may lead to dismissal of the Trustee, volunteer, or staff member; however, the number of possible circumstances makes it impossible to predict an outcome.

Procedures for Assessment Panel

The information provided will be considered by a small panel who will use their judgement in assessing the degree of risk in accordance with the principles in paragraph 1 above and will decide accordingly. The Committee will comprise:

Chief Executive

Line Manager

Trustee

The Volunteer, trustee, staff member will be asked to present the facts relating to the conviction that will be part of the panel consideration process.

The panel have power to extend probation period; discontinue employment; refuse the application of any new employee/volunteer; to lay down such conditions as it thinks fit for a duration of employment; and also to terminate the employment of a employee who is subsequently discovered to have omitted or falsified relevant facts or information in connection with his/her employment application; refer employee to a disciplinary panel. The Committee will report its decision to the trustee board.

Disclosure of Convictions

The following list sets out examples of what INSERT ORGANISATION NAME consider as convictions or cautions that are unacceptable and require an Assessment Panel to be convened. However, this list is not exhaustive and may be added to from time to time and individual circumstances may determine whether or not an offer of employment can go ahead. A criminal conviction should not automatically bar an applicant from an appointment. The following factors should be taken into account when assessing the offence against the post applied for:

(vii)  Whether the conviction was disclosed on application form or during induction

(viii)  Whether the conviction or other matter revealed is relevant to the post,

(ix)  The seriousness of the offence or other matter,

(x)  The length of time since the conviction or other matter occurred,

(xi)  Whether the applicant’s circumstances have changed since the offending behaviour, and

(xii)  The circumstances surrounding the offence and the explanation(s) offered by the candidate.

The Management team will review this list from time to time.

Position where there is… / Unacceptable conviction or caution
Access to vulnerable people. / ·  Sexual offences (e.g. rape, indecency).
·  any disqualification from driving, due to dangerous/reckless driving or driving whilst under the influence of alcohol/drugs, in the last 5 years (where driving is a specified part of the role)
·  any related to the Protection of Children Act
·  any disqualification for driving in the last 10 years, due to dangerous/reckless driving or driving whilst under the influence of alcohol/drugs (where driving a minibus is an expected part of the role)
·  any conviction relating to possession of a controlled drug in the last 5 years
·  any conviction relating supply of a controlled drug in the last 10 years
·  any conviction relating to violent conduct Incitement and/or conspiracy to commit any of the above.
Access to money, chequebooks, cheques or financial recording systems. / ·  Fraud.
·  Tax evasion.
·  Handling or passing stolen property.
·  Perjury.
·  Theft.
·  Incitement and/or conspiracy to commit any of the above.
Access to confidential information about service users or staff. / ·  Fraud.
·  Perjury.
·  Incitement and/or conspiracy to commit any of the above.
N.B. Any capital crime would automatically disbar employment.

The contents of a disclosure will only be made known to those people who need to know to fulfil their duties. With new employees, this would be staff who were directly involved in the recruitment process. Disclosures of existing employees would only be made known to immediate line managers if there was a matter disclosed by the conviction, that the disciplinary panel considered was compatible with continued employment. If the there was a matter which was incompatible with continued employment and resulted in dismissal, the nature of the offence(s) or concern would not be disclosed. However, INSERT ORGANISATION NAME is required to make disclosure of this dismissal to the Board of Trustees

Breach of this disclosure bar, would constitute a criminal act, would result in disciplinary proceedings and potentially police proceedings.

Returned forms will be kept in the central Personnel files, separately from the individuals personnel file and destroyed after 6 months in accordance with the requirements of the Criminal Records Bureau.

Equality and Diversity
We aim to be an organisation that values, recognises and responds to the diverse needs of members and those we serve. We adhere to the Equality Act 2010 and will not discriminate against any person or other organisation with particular reference to the protected characteristics
Monitoring and Review
The Senior Management Team, with adequate consultation of the Board of Trustees, will regularly review the operation of this policy.
Agreed by INSERT ORGANISATION NAME
Signature / Date

Staff CRB

CRB will dealt with through an independent company called Greenfields

Website: http://www.candidatevetting.co.uk/criminal_record_bureau_checks2.htm#enhanced

Tele: 08452578878

A INSERT ORGANISATION NAME credit card will be required to purchase the CRB. This can be dealt with by your line manager.

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INSERT ORGANISATION NAME Disclosure of Criminal Convictions June 2015

FLOWCHART FOR DISCLOSURE PROCESS FOR STAFF

FLOWCHART FOR DISCLOSURE PROCESS FOR VOLUNTEERS