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Ex-offenders Involvement: Policy & Procedure

Version 5

Audience
All staff and volunteers within Marie Curie Cancer Care
Summary
The aim of this policy is to provide advice and guidance on implementing fair, responsible and effective practices for recruiting and retaining people with a criminal record based on a full assessment of the risks involved.
Having a criminal record will not necessarily de-bar individuals from employment or volunteering with Marie Curie Cancer Care. / Supporting documents
  • Disclosure documentation
  • Recruitment & Selection Policy and Procedures

Date of issue
c2002 / Last revision date
February 2013 / Next planned revision
February 2016
Objective
Disclosure service suppliers must abide by their respective Code of Practice and it is a requirement of these Codes of Practice that anyone using the service also abides with the Code. These Codes of Practice stipulate that Marie Curie should have a written policy with regard to ex-offenders. This policy should be provided to all applicants for employment where a Disclosure will be required at the outset of the recruitment process. We will provide a copy ofthis policy to anyone who asks to see it.

Policy Principles

  1. Marie Curie is committed to the fair and equal treatment of its current and potential staff, volunteers and users of its services, regardless of gender, age, sexual orientation, marital status, civil partnership status, gender re-assignment, disability, nationality, race, ethnic origin, religion or belief or offending background. We ensure that no applicant is subject to less favourable treatment as a result of these grounds.
  1. The charity’s practices and recruitment is based on individual skills, qualifications and experience and aims to promote equality of opportunity for all, welcoming applications from a diverse range of individuals including those with previous convictions or other information as revealed.
  1. Criminal record information is seen as one tool within the overall recruitment process. Having a criminal conviction will not necessarily bar individuals from involvement or employment. This will depend on the circumstances and background of the offence(s). The charity undertakes not to discriminate unfairly on the basis of a conviction or other information revealed and only convictions considered by the charity to be relevant to the work will be taken into account.
  1. Criminal record information will only be requested, through the Disclosure & Barring Service (DBS, for England & Wales); Disclosure Scotland or AccessNI (for Northern Ireland) (or their equivalent), when a thorough risk assessment has indicated that such information is both proportionate and relevant to the role and/or when required to do so by legislation (e.g. Rehabilitation of Offenders Act 1974 (Exceptions) Orders etc; the Police Act 1997; Protection of Vulnerable Groups Act 2007; the Rehabilitation of Offenders (Northern Ireland) Order 1978).
  1. All roles will be assessed for the requirement for Disclosure, before the recruitment process proceeds. Only specified personnel who have been trained appropriately have the authority to undertake this assessment.
  1. The charity will ensure that all personnel involved in the receipt and assessment of criminal information are suitably trained and that they have the appropriate information and guidance to identify and assess the relevance and circumstances of offences.
  1. An applicant’s criminal record will be assessed in relation to the tasks they are required to perform and the circumstances in which the work is to be carried out. The suitability for employment/involvement of an individual with a criminal record will vary depending on the nature of the role and the details and circumstances of the convictions.
  1. The charity will inform individuals at the start of the recruitment process whether the role they are applying for will be subject to a Disclosure (with or without PVG Scheme membership in Scotland) in the event of the individual being offered the role.
  1. Unless the nature of the position allows questions about the entire criminal record to be asked, we only ask about ‘unspent’ convictions as defined in the Rehabilitation of Offenders Act 1974.

Declaration of Criminal Record

Self-Declaration for employment roles which require a Disclosure Check
  1. As part of Marie Curie Cancer Care’s diversity monitoring, where the information is relevant to the role, it is the charity’s policy to ask applicants for roles that require a Disclosure to provide details of their criminal record through the process of self-declaration at the recruitment stage (e.g. through a written note supplied under separate confidential cover and this information will only be seen by those who need to see it as part of the decision making process)
  1. For roles where Disclosure applies and where an applicant has self-declared, the counter-signatory will consider the circumstances in accordance with the Charity’s Disclosure guidance. This will normally take the form of an open and measured discussion, on matters related to the position in question and will take place before a decision is made. Failure to reveal information directly relevant to the position being sought could lead to the subsequent withdrawal of a conditional offer of employment or volunteering.
Self-Declaration for all other roles
  1. For roles where Disclosure is not applicable and where an individual applicant voluntarily provides the Charity with details of a previous or pending criminal prosecution (or similar), without being asked to do so, this information should be disregarded by the interviewing panel. If the applicant is suitable for the role in question, then an appropriate risk assessment should be undertaken. In such circumstances advice should be sought from the regional HR Manager or the National Volunteering Manager.
  1. Prospective applicants who have not been asked to tell the Charity about their criminal record, but who wish to ‘self-declare’, should do so to the regional HR Manager (for employment) or the National Volunteering Manager (for volunteering). If these managers are part of the interviewing panel the self-declaration should be made to another member of the HR or Volunteering department.
  1. For roles where Disclosure does not apply and where an applicant has self-declared, the recruiting manager and the regional HR Manager/National Volunteering Managershould, for consistency, confer with the Disclosure counter-signatory, regarding the outcomes of the risk assessment. In all cases the counter-signatory/HR recommendation, on not employing someone who has self-declared, should be confirmed by the Lead counter-signatory, prior to any action, or withdrawal of an offer, being made.

Use of a Disclosure Service

  1. Criminal record information can only be requested through one of the recognised Disclosure services (ie Disclosure & Barring Service; Disclosure Scotland; AccessNI).
  1. Part V of the Police Act 1997 makes provision for three different levels of Disclosure - basic, standard and enhanced. Disclosure cannot be used as a blanket requirement in all circumstances. Each role needs to be individually evaluated to determine the level of disclosure required, taking into account any statutory requirements.
  1. In all cases the relevant Disclosure service determines the process for Disclosure application.
  1. Basic Disclosure (criminal conviction certificate, under section 112 of the Police Act 1997) - It is the charity’s policy not to request Basic Disclosures. Only in exceptional circumstances and with the written approval of the Director of Services can a Basic Disclosure be requested as part of the recruitment process. A thorough risk assessment of the role must indicate that a Basic Disclosure request is proportionate and relevant to the position concerned.
  1. A Basic Disclosure can only be applied for and is issued only, to the individual concerned. It is the individual’s choice whether they show the Disclosure to a potential employer. It is important to note that a Basic Disclosure is not role specific and may be used more than once.
  1. Standard & Enhanced Disclosures (i.e. criminal record certificates and enhanced criminal record certificates, under sections 113 & 115 of the Police Act 1997) – The charity is only able to gain access to these Disclosures for certain roles where we are entitled to ask an exempted question.
  1. The Charity is entitled to ask an exempted question for professions, office, employment, work, occupations and activities which are set out under the provision for the Rehabilitation of Offenders Act 1974 (Exceptions) Orders1975 as amended or any of the other legislation governing Disclosure. These roles are known as ‘Excepted Posts’.
  1. We undertake to comply fully with the Codes of Practice as published by the Disclosure & Barring Service, Disclosure Scotland & AccessNI. We will also inform subjects of a Disclosure of the existence of therelevant Code of Practice, and will make a copy available to them on request. The Codes of Practice are also available on the respective websites: or the
  1. Disclosure applications can only be submitted after an offer of conditional employment/involvement has been made. All Disclosure applications are authorised by a nominated person (known as a ‘counter-signatory’) within the Charity.
  1. In line with the published Codes of Practice guidance notes on the secure storage, handling, use, retention and disposal of Disclosures/Disclosure information have been produced and should be adhered to.
  1. The charity is aware that the information contained in a Disclosure can be inaccurate, or relate to someone else with the same name etc. In any such event, applicants will be given the opportunity to explain Disclosure information, before a final decision regarding employment/involvement is made. Applicants are entitled to appeal to the DBS; Disclosure Scotland or AccessNI if they think a mistake has been made and the appointment will be put on hold to allow the information to be rechecked.
  1. The counter-signatory will be responsible for recommending decisions regarding withdrawals of offers of employment or volunteering.

Existing Employees and Volunteers

  1. In due course, the charity may request Disclosure information in relation to existing employees or volunteers, in order to comply with its regulatory obligations, which can change from time to time
  1. A repeat Disclosure is where a further Disclosure check is undertaken on an existing employee or volunteer, who has (on appointment or at any other time while employed/involved) already had a Disclosure check undertaken.
  1. A retrospective Disclosure is where a first Disclosure is undertaken on an existing employee or volunteer, who has not had to have one undertaken in that role. Retrospective Disclosures could take place either as a result of a change to roles which do require such a check or because the regulatory body require checks to be undertaken on those currently in post but who have not yet had a Disclosure.
  1. As a result of a Disclosure application, if an existing employee or volunteer is discovered to have a relevant conviction, they should not necessarily be dismissed. Only after a full appraisal of the situation, including the risks involved, should dismissal be considered. Where there is a significant risk, the charity might consider the introduction of safeguards or moving the individual to a more suitable role. In such circumstances, the counter-signatory should inform the Lead counter-signatory and ensure that the regional HR Manager is kept informed.
  1. Evidence of previous convictions should not be used as an excuse to dismiss a person for poor performance. The track record of the individual should be carefully assessed. If it is satisfactory, this should be considered positively.
  1. Specialist voluntary organisations that have worked successfully with organisations in the past to improve employment prospects for ex-offenders can advise on these and other issues if necessary.
Dissemination
  1. This policy is available on the Marie Curie intranet. Copies are also available form line managers or the regional HR office or Volunteer Centre upon request
Glossary of terms
DBS – Disclosure & Barring Service
HR – Human Resources
VC – Volunteer Centre

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