Posts Requiring Pre-Employment Criminal Records Checks

Background Information

Establishing which check is relevant to the role

When establishing which posts should be subject to pre-employment criminal records checks, it is vital that due consideration is given to assessing whether or not the post is considered exempt from the Rehabilitation of Offenders Act 1974. This will be the key factor in deciding which level of check, if any, is appropriate. The Safeguarding Vulnerable Groups Act 2006 also makes provision for the protection of children and vulnerable adults, stating when criminal record checks are required.

1.Standard/Enhanced Disclosure checks

Under the Rehabilitation of Offenders Act 1997, ex-offenders need not provide employers with details of spent criminal records. However, the Exceptions Order to the Rehabilitation of Offenders Act 1974 recognises that there are certain posts for which it will be necessary for the employer to be aware of all spent and unspent criminal records as part of the recruitment process. Exempted occupations are categorised as:

a)work involving contact with vulnerable groups such as the infirm, elderly, mentally ill and young people under the age of 18.

b)professions that have legal protection e.g. nurses, doctors, dentists, chemists, accountants.

c)posts concerned with the administration of justice e.g. police officers, lawyers, probation officer, traffic wardens

d)health service appointments

e)work involving matters of national security e.g. some civil service posts, defence contractors etc

When recruiting to posts which are relevant to these criteria, the University may require a satisfactory Standard or Enhanced Disclosure check as part of the recruitment process.

2.Basic Check – Disclosure Scotland

There are positions of trust across the University which may not meet the eligibility criteria for the current Disclosure system, but the responsibilities of the post require some confirmation of unspent criminal record status. The Basic Disclosure will contain details of convictions held in the central police records which are unspent or will state that there are no such records.

General Points

  • All checks for staff will be administered centrally by the Department of Human Resources in conjunction with the applicant.

Posts Requiring Pre-employment Criminal Records Checks

This list was approved by the Human Resource Management Committee 18 November 2004, and has been subject to regular review by the Director of HRM

Background Information:Summary of checks available

TYPE OF CHECK / REQUIRED FOR / INFORMATION PROVIDED / REQUESTED FROM CRB BY / CRB TARGET ISSUE TIME / COST
(at August 2011)
STANDARD / Posts that involve positions of trust (e.g. legal and accountancy professional roles) / Data on the Police National Computer - includes unspent and spent convictions, plus cautions, reprimands or warnings. / Individual – must be countersigned by a Registered Body / 2 Weeks / £26
ENHANCED / Posts which involve working with children or vulnerable adults;also judicial appointments and certain statutory licensing purposes / As for Standard level checks plus a check on local police information/current investigations which may be provided in confidence to employer only.
For posts that involve working with children/vulnerable adults the lists administered by the Independent Safeguarding Authority will be checked / Individual – must be countersigned by a Registered Body / 4 Weeks / £44
BASIC / Sometypes of employment or volunteering / Information held at national level about unspent convictions on central police records / Individual / 5 days / £23

Posts Requiring Pre-employment Criminal Records Checks

The following was approved by the Human Resource Management Committee 18 November 2004, and has been subject to review by the Director of HRM

Eligibility for CRB checks – working with Children/Vulnerable Adults

Staff appointed to carryout work involving the following would require an Enhanced CRB check:

  • Any activity of a specified nature that involves contact with children or vulnerable adults frequently, intensively/or overnight (includes teaching, training, care, supervision, advice, treatment and transportation).
  • Any activity allowing contact with children or vulnerable adults that is in a specified place, frequently or intensively (includes schools, children’s homes and hospitals, juvenile detention facilities, adult care homes).

Frequent or intensive support work in general health settings, and the NHS (includes cleaners, caretakers, shop workers, catering staff, car park attendants and receptionists), may be eligible for a CRB check, depending on the nature of the role and on NHS trust requirements - for further advice please contact your customary HR Adviser.

Definitions

Frequent/intensive

This is when the activity takes place once a week or more (frequent),takes place on four or more days in a 30 day period (intensive), or overnight (between 2-6am).

Children

Those under the age of 18.

Vulnerable adult

Includes those aged 18 or over and:

(a) they are in residential accommodation/sheltered housing,

(b) they receive any form of health care/care at home,

(c) they are detained in lawful custody; or

(d) they require assistance in the conduct of their own affairs.

This list is not exhaustive; please contact your customary HR Adviser if you need further guidance.

Accommodation & Campus Services
Accommodation Services / Residential Tutors in Halls of Residence / Yes / Providing care services to students who may be vulnerable / Enhanced Disclosure
Portering Services / Halls of Residence Porters / Yes / Unsupervised access within a residential environment to students in receipt of care services who may be vulnerable / Enhanced Disclosure
Security Staff / Yes / Unsupervised access across campus, therefore working with potentially vulnerable adults and children at times / Enhanced Disclosure
Rotating Shift Porter (working in the residences) / Yes / Unsupervised access within a residential environment to students in receipt of care services who may be vulnerable / Enhanced Disclosure
Alternating Shift Porter (working in the residences) / Yes / Unsupervised access within a residential environment to students in receipt of care services who may be vulnerable / Enhanced Disclosure
Any Porters within clinical areas / Yes / Unsupervised access to vulnerable adults and children / Enhanced Disclosure
Licensees / Dependent upon area / Position of trust (currently apply to Magistrates Court and Gaming Board) / Standard Disclosure may apply
Finance / Management Accountant / Yes / Financial Management recognised as area of responsibility vulnerable to fraud / Standard Disclosure
Clerical Staff / No / Where staff have access to cash etc / Basic Check -Disclosure Scotland
Human Resources
HR / All staff / No / Access to confidential personal files / Basic Check - Disclosure Scotland
HR- Staff Occupational Health Unit / Clinical staff
Support staff / Yes
Yes / Access to patients on a one-to-one unsupervised basis and to medical records
Access to confidential medical/personal files / Enhanced Disclosure
Enhanced Disclosure
Student Services
Student Services / Non-medical student helper / Yes / Providing care services to students who may be vulnerable / Enhanced Disclosure
Counselling Services / Counsellor / Yes / Providing care services to staff who may be vulnerable / Enhanced Disclosure
Chaplaincy / Chaplains / Yes / Providing advice to staff and students who may be vulnerable / Enhanced Disclosure
University Health Service
(including Ranmoor Clinic) / Clinical Staff
Support Staff / Yes
Yes / Providing care services to patients on a one-to-one unsupervised basis and access to medical records
Access to confidential medical/personal files / Enhanced Disclosure.
Enhanced Disclosure
USport / Staff whose normal duties involve supervising/unsupervised contact with children e.g. recreation assistants, swimming instructors/ assistants / Yes / Supervisingor having unsupervised contact with children which may involve physical contact and establishing trust / Enhanced Disclosure
Staff with occasional access to children and vulnerable groups e.g. managerial staff, adult fitness instructors, maintenance staff / No

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