Dudley Council is committed to safeguarding and promoting the welfare of children, young people and vulnerable adults and expects all employees, workers and volunteers to share this commitment.
A criminal record check is an impartial and confidential document that details an individual’s record, and their suitability for certain work, especially that involving vulnerable groups including children.
The Council is also required to comply with the HMG Baseline Personnel Security Standard (BPSS). One of the requirements is that pre-employment checks must include verification of criminal records (unspent convictions only). As a result all successful applicants for posts which will require any access to the Council’s ICT network must apply for a Basic Disclosure check unless a higher level criminal record check is already needed for the role.
The job advertisement and person specification will specify that a criminal record check is a requirement of the role. This will apply to certain professions, positions and types of work and covers people working or volunteering with vulnerable groups including children.
If you are successful at interview for a post that requires a criminal record check, you will be asked to provide evidence of your identity and complete an application for a criminal record check.
Dudley Council will determine the level of check required, dependent on the role and in accordance with legislation.
Basic disclosure: provides details of an individual’s convictions held at national level which are ‘unspent’. This is available through Disclosure Scotland.
Standard disclosure: contains details of both spent and unspent convictions, as well as cautions, reprimands and final warnings held on the Police National Computer (PNC) which have not been filtered in line with legislation.
Enhanced disclosure: contains the same PNC details as a standard check together with any information held locally by Police forces if they reasonably believe it to be relevant to the role applied for.
Enhanced disclosure plus Barred List(s) check: Contains the same details as an Enhanced check, and whether the person is on the relevant DBS Barred List (s) (children and/or adults).
All criminal record checks are completed online via the ebulk system. They are processed through the Disclosure and Barring Service (DBS) with the exception of the Basic check which is processed by Disclosure Scotland via Capita.
Having a criminal conviction, caution, reprimand or final warning will not necessarily bar an applicant from working for Dudley Council. This will depend on the nature of the role and the circumstances and background of the offence (s). Please see the policy statement attached to this page.
The Rehabilitation of Offenders Act (ROA) 1974 applies to England, Scotland and Wales, and is aimed at helping people who have been convicted of a criminal offence or received a Caution (including Youth cautions, reprimands and warnings) and who have not re-offended since.
Anyone who has been convicted of a criminal offence, and received a sentence of less than two and a half years in prison, could benefit as a result of the Act, if they are not convicted again during a specified period otherwise known as the ‘rehabilitation period’. The length of this period depends on the sentence given for the original offence and runs from the date of the conviction. If the person does not re-offend during this rehabilitation period, they become a ‘rehabilitated person’, and their conviction becomes ‘spent’.
Sentences carry fixed or variable rehabilitation periods, which can be extended if the person offends again during that period. It should be noted however that if the sentence is more than two and a half years in prison the conviction never becomes ‘spent’. It is the sentence imposed by the courts that counts, even if it is a suspended sentence, not the time actually spent in prison.
Once a conviction is ‘spent’, the convicted person does not have to reveal it or admit its existence in most circumstances. There are, however, some exceptions relating to employment and these are listed in the exceptions order to the ROA. The main exceptions are people working or volunteering with vulnerable groups including children as well as those who work in other positions of trust. If a person wants to apply for such a position they are required to reveal all cautions and convictions, both ‘spent ‘ and ‘unspent’, unless they are ‘protected’ (filtered by legislation), in which case they are not subject to disclosure to employers and cannot be taken into account.
For further details on rehabilitation periods please refer to www.nacro.org.uk
Nacro - Nacro, the crime reduction charity, are dedicated to reducing crime and reoffending in communities across England and Wales. They design and deliver programmes that equip people with the skills, advice, attitude and support they need to move their lives on and move away from crime.