Disclosure of criminal records
As Shropshire Council works with vulnerable people, ranging from children to vulnerable adults, we have a special responsibility to ensure their safety. To help us with this the government has set up the Criminal Records Bureau (CRB) who check to see if anyone who we want to appoint to a position working with either children or vulnerable adults has a criminal record. Shropshire Council complies fully with the CRB Code of Practice and undertakes to treat all applicants for positions fairly. We undertake not to discriminate unfairly against any subject of a Disclosure on the basis of a conviction or other information revealed. A copy of the CRB Code of Practice is available on request.
If you are successful in being offered a position which involves working with such people, you will be required to complete a Disclosure Application Form from the CRB. There are 2 levels of Disclosure available and the level will depend upon the nature of the position. Your offer of appointment will, therefore, be subject to a satisfactory Disclosure returned by the CRB. Clearly this is a sensitive matter and we have drawn up a series of procedures to make certain that this information is dealt with properly. If you would like to look at any of these in more detail just click the link below.
Definitions
Criminal records:
Contain detailed information about convictions, cautions, reprimands and final warnings etc
Conviction(s):
are from offences tried at court.
Cautions for Adults and Reprimands and Final Warnings for Youths:
Are given as an alternative to a charge or prosecution. It is a warning about future conduct given by a senior police officer based on the seriousness of an offence and when there is insufficient evidence for a conviction to bring criminal proceedings.
Reprimands and Final Warnings replaced cautions for juveniles in June 2000.
What is a ‘spent’ conviction?
Under the Rehabilitation of Offenders Act 1974, if someone has been convicted of an offence and is not convicted again during a specified period, their conviction becomes spent. A spent conviction need not be mentioned on your application form or at interview unless you are applying for a job which involves substantial opportunity for access to persons aged under 18 and/or vulnerable adults. The recruitment documentation will clearly indicate where the job you are applying for falls into this category.
Disclosure and the Criminal Records Bureau (CRB)
The CRB is responsible for conducting criminal records checks for local authorities via the Disclosure service. A Disclosure is a document containing information held by the police and government departments. Successful applicants for jobs which involve substantial access to persons aged under 18 and/or vulnerable adults will be required to obtain a Disclosure. For those jobs where a Disclosure is required, all applicants will be advised of this and the procedure to be followed.
Shropshire Council aims to promote equality of opportunity for and we welcome applications from people of all backgrounds. Criminal records will be taken into account for recruitment purposes where the conviction is relevant. This policy statement is made available to all Disclosure applicants at the outset of the recruitment process. Application forms ask all candidates to provide details of any unspent criminal convictions. If, however, the job for which you are applying is exempt from the Rehabilitation of Offenders Act, you will also be asked to tell us about all convictions, including any which are ‘spent’.
A Disclosure is only requested after a thorough risk assessment has indicated that one is both proportionate and relevant to the position involved. For those positions where a Disclosure is required, all application forms, job adverts and recruitment information will contain a statement that a Disclosure will be requested in the event of the individual being offered the position.
Having a criminal record will not bar you from working for us; this will depend on the nature of the job you have applied for, and the nature of the offence(s) involved.
We will ensure that all those in Shropshire Council who are involved recruiting have been trained in implementing this policy fairly. If you are invited to attend for interview, any criminal offences you may have will be considered in relation to the job you have applied for. Failure to reveal information that is directly relevant to the job sought could lead to withdrawal of an offer of employment. We undertake to discuss any matter revealed in a Disclosure with the person seeking the position before withdrawing a conditional offer of appointment.
Where a Disclosure is to form part of the recruitment process, we encourage all applicants called for interview to provide information of their criminal record at an early stage in the application process. We request that this information is sent under separate, confidential cover, to the Appointing Officer within Shropshire Council and we guarantee that this information will only be seen by those who need to see it as part of the recruitment process.
Unless the nature of the position allows Shropshire Council to ask questions about your entire criminal record, we only ask about ‘unspent’ convictions as defined in the Rehabilitation of Offenders Act 1974.
The CRB will charge a fee of £26 for a Standard Disclosure and £44 for an Enhanced Disclosure (there is no fee for volunteers). Where a Disclosure is a requirement of the job, Shropshire Council will bear the cost of the Disclosure and no charge will be passed onto the job applicant.
Further information on the Criminal Records Bureau and the Disclosure process is available on the CRB website with the link on this page.