posted 16th October 2024
This document sets out Conviction's policy on asking questions about a prospective (or existing) volunteer's criminal record, and carrying out Disclosure and Barring Service (DBS) checks.
This policy sets out our commitment to comply with the DBS Code of Practice and our data protection obligations, to treat prospective volunteers fairly and not to discriminate unfairly against any subject of a criminal record check on the basis of a conviction or other information revealed. Its purpose is to set out how we comply with our data protection obligations in respect of criminal records information and seek to protect such information, and to ensure that staff understand and comply with the rules governing the collection, use and deletion of criminal records information to which they may have access in the course of their work.
We are committed to complying with our data protection obligations and the DBS Code of Practice in relation to criminal records information, in particular:
- in relation to the circumstances in which we seek criminal records information;
- by being concise, clear and transparent about how we obtain and use such information, and how (and when) we delete it once it is no longer required; and
- by ensuring the correct handling, use, storage, retention and disposal of DBS certificates and certificate information.
Our Service Manager is responsible for data protection compliance within the Company, including in relation to criminal records information. If you have any questions or comments about the content of this policy or if you need further information, you should contact them via email on data.protection@conviction.org.uk or via telephone on 0161 552 1954.
Policy Statement
Having a criminal record will not necessarily bar you from volunteering with us. We will take into account the circumstances and background of any offences and whether they are relevant to the position in question, balancing the rights and interests of the individual, our volunteers, service users, suppliers and the public.
We will treat all applicants and volunteers fairly but reserve the right to withdraw an offer of volunteering if you do not disclose relevant information, or if a DBS check reveals information which we reasonably believe would make you unsuitable for the role.
Scope and Definitions
This policy applies to criminal records information relating to volunteer applicants and current and former volunteers, including interns and apprentices.
Staff should refer to Conviction's Volunteer Data Protection Policy and Data Protection Privacy Notice and, where appropriate, to its other relevant policies.
The definitions set out in Conviction's Volunteer Data Protection Policy apply to terms used in this policy.
Asking for Criminal Records Information
Before recruiting for any post the Volunteer Management Team will, with advice from the Service Manager assess whether it is justified in seeking criminal records information for that particular post and, if so:
- whether it is appropriate to limit the information sought to offences that have a direct bearing on suitability for the job in question; and
- whether the information should be obtained from the individual or the DBS.
If an assessment has been carried out for the same or a similar post within the last 12 months, the Volunteer Management Team may rely on that assessment.
Conviction will be justified in obtaining criminal records information for a particular post if it is necessary:
- for the performance of the volunteer agreement for that post;
- in order for Conviction to comply with a legal obligation to which it is subject;
- in order to protect the vital interests of vulnerable service users; and/or
- for the purposes of Conviction's legitimate interests.
The level of criminal records information and DBS check that Conviction is entitled to request (ie a criminal records certificate (CRC) or enhanced criminal records certificate (ECRC)) will depend on the post for which the prospective volunteer's suitability is being assessed.
We will only ask for criminal records information once the volunteer has a conditional offer to volunteer.
We will only ask an individual to provide criminal records information in relation to convictions and cautions that Conviction would be legally entitled to see in a DBS check for the relevant post, i.e:
- if Conviction is justified in seeking criminal records information for the post, and the post is not exempt from the Rehabilitation of Offenders Act 1974, we will ask the individual to complete the criminal records information form, which states that individuals are not required to disclose convictions or cautions that are spent under the Rehabilitation of Offenders Act 1974; and
- if Conviction is justified in seeking criminal records information for the post, and the post is exempt from the Rehabilitation of Offenders Act 1974, we will ask the individual to complete the criminal records information form, which asks individuals if they have any convictions, cautions, reprimands or final warnings which are not filtered (or 'protected' as defined by the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (as amended)).
If the information sought can be limited to offences that have a direct bearing on suitability for the role in question, the Volunteer Management Team will amend the criminal records information form accordingly.
Where a DBS check is identified as necessary, all application forms, role adverts and recruitment briefs will contain a statement that an application for a DBS certificate will be submitted in the event of the individual being offered the position.
Applicants will only be asked to complete a criminal records information form before an offer of volunteering is made unconditional; they will not be asked to do so during the earlier short-listing, interview or decision-making stages.
Before an individual is asked to complete a criminal records information form, they will be provided with a copy of this policy.
If Conviction is not justified in seeking criminal records information for the post, it will not ask an applicant for criminal records information.
If it is assessed that Conviction should use the DBS to verify criminal records information, Conviction will:
- provide the individual concerned with a copy of Conviction's data handling policy before asking them to complete a DBS application form or asking for their consent to use their information to access the DBS update service;
- make every subject of a DBS check aware of the existence of the DBS Code of Practice and makes a copy available on request; and
- comply with the DBS Code of Practice.
Conviction will not rely on a previously-issued DBS certificate.
Once criminal records information has been verified through a DBS check, Conviction will:
- if inconsistencies emerge between the information provided by the individual and the information in the DBS certificate, give the applicant the opportunity to provide an explanation;
- record that a DBS check was completed and whether it yielded a satisfactory or unsatisfactory result; and
- delete the DBS certificate and any record of the information contained in it unless, in exceptional circumstances, the Service Manager assesses that it is clearly relevant to the ongoing volunteering relationship, eg to allow for consideration and resolution of any disputes or complaints.
If the Service Manager assesses that the information in the DBS certificate is relevant to the ongoing volunteering relationship, it (and any record of the information contained in it) will be kept securely for no longer than is necessary (usually no more than six months), and then destroyed.
Conviction will not seek criminal records information from any source other than the individual concerned or the DBS.
DBS certificate information will be handled and kept in accordance with Conviction's policy on handling DBS certificate information.
Where an unprotected conviction or caution is disclosed
If Conviction has concerns about the information that has been disclosed by the DBS, or the information is not as expected, Conviction will discuss its concerns with the prospective volunteer and carry out a risk assessment.
Conviction has a legal duty, when recruiting staff to work in regulated activity with children or vulnerable adults, to check whether they are on the relevant children's or adults' barred list. If a prospective volunteer's name does appear on the relevant barred list, it would be against the law for Conviction to employ them to volunteer with the relevant group.
If a prospective volunteer is not barred from working with the relevant group, but nevertheless has a criminal record, it is up to Conviction to decide on their suitability for the role. Conviction will not refuse a prospective volunteer a role simply on the basis that they have a criminal record. Before making a decision, Conviction will:
- give the prospective volunteer the opportunity to address its concerns before making any decisions; and
- carry out a risk assessment.
In carrying out a risk assessment, Conviction will take account of:
- the relevance of the conviction or other matter revealed to the position in question;
- the seriousness of the offence or other matter revealed;
- the circumstances of the offence;
- the age of the offence;
- whether there is a pattern of offending; and
- whether circumstances have changed since the offending took place.
Training
Conviction will ensure that all those within the organisation who are involved in the recruitment process:
- have been suitably trained to identify and assess the relevance and circumstances of offences; and
- have received appropriate guidance and training in the relevant legislation relating to the employment of ex-offenders, eg the Rehabilitation of Offenders Act 1974.
