Recruitment of ex-offenders

Richmond Council is committed to ensuring an appropriate balance between protecting vulnerable service users and the rights of individuals not to be discriminated against on the basis of previous offending behaviour. The review of offences identified below will be carried out after other aspects of the recruitment process have proven successful.

All information will be treated confidentially and in accordance with the Council’s procedures, relevant legislation and Criminal Records Bureau’s policies and procedures.

People who will not be employed

People who have committed a registered offence within the meaning of the Criminal Justice and Court Services Act 2000 and the Disqualification for Caring for Children Regulations 2005 will not be considered for a post in Adult Social Care, and appropriate directorate.  A list of all relevant offences can be found in Schedule 4 of the Criminal Justice and Court Service Act 2000.

Persons registered with the Protection of Vulnerable Adults (POVA) List will also not be considered for posts working in Adults Social Care and appropriate directorate.

People who may be employed

People with other convictions will be considered for other posts in Adult Social Care and appropriate directorate and their suitability in relation to their offending behaviour will be assessed utilising the following factors.  Individual circumstances and offences will be examined against all factors.

Relevance

Whether a conviction or other matter is relevant to the position in question.  Violent and sexual offences will normally be relevant as may be offences involving drugs, fraud, dishonesty.  Driving or offences involving alcohol may also be relevant, particularly in posts involving driving.  Crimes which are hate based, or involve predatory behaviour, would also be relevant.

Seriousness

The seriousness of the conviction is important in determining suitability.  This will be assessed by examining the detail of the offence, and the level and type of sentence.  It is acknowledged that the label given to an offence, e.g. violence, may cover a range of offences from relatively minor dispute and fights, to extremely serious violent offences.  The type of sentence may be used as an indication of seriousness of offences with, for example, sentences of conditional discharge/absolute discharge/bind over or caution normally indicating that the offences are minor.  It is important to note that minor offences do not automatically imply suitability as they need to be considered against all other elements contained in this policy.

Offence circumstances

Richmond Council will consider the circumstances of offending.  In some situations a clear explanation will help the Council to assess the applicant’s suitability.

Age of offences

Richmond Council recognises that people can and do put their offending behaviour behind them and the age of offences may be relevant in assessing suitability for a post.

Pattern of offending

Pattern of offending behaviour is relevant in determining whether an applicant is suitable.  A pattern of offending behaviour may indicate unsuitability particularly if there has been no gap since the last offence.  Patterns of offences including gambling, drinking and/or drugs related convictions may indicate that a person remains a risk unless there is clear evidence of a break in the pattern of their behaviour.

Changed circumstances

It is acknowledged that in some cases applicant’s circumstances will have changed since their behaviour. This is often the case with offences committed as a juvenile.  If there are clear examples of changes in circumstances, then this is likely to be relevant.

Is the offence still regarded as a criminal offence?

Richmond Council will ensure that any offences recorded are still regarded as illegal.  Changes to society’s expectations and law may lead to some offences being regarded as less serous.

Personal qualities of the applicant

A number of factors will be taken into account in reviewing the suitability for appointment based on the personal qualities of the applicant.  Key issues include:

• Whether the applicant demonstrates an appropriate level of remorse in relation to the offending behaviour
• Whether there is evidence that the applicant has learnt from their behaviour and made changes to their lifestyle
• Whether the applicant is honest and open about their offending behaviour

Additional information

Other matters

Where the CRB disclosure indicates issues that are not convictions, but are included in the “Other Matters” box of the form, this will be dealt with in accordance with the process identified above.

Separate Information from the Police

The Police are able to send registered persons separate information that is not available on the disclosure form.  Local authorities are not able to share this information with the applicant as this is illegal under the Police Act 1997.

Appeal

Richmond Council will establish an Appeals Process which applicants may utilise if offers of appointment are withdrawn.

Information

Copies of this policy statement will be made available to all applicants for posts subject to a CRB disclosure.  Copies will be maintained on Richmond Council’s website.  Information can be provided in a variety of formats/languages.

Updates

This policy statement will be regularly updated to reflect changes in practice and changes in national guidance/legislation.

Read the Council Policy on the Rehabilitation of Offenders (ROA) 1974(pdf, 34KB)

Further information can also be obtained from the Criminal Records Bureau website