1.0 Introduction
1.1 As an Equal Opportunities employer Cambridgeshire County Council will not unfairly discriminate against you if you declare that you have a criminal record during the recruitment process.
1.2 However, as a provider of direct community services, the County Council is also committed to the protection of children and vulnerable adults.
2.0 The Law
2.1 The Rehabilitation of Offenders Act (ROA) 1974, allows you NOT to declare ‘spent’ convictions when applying for a job. However, the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, as amended in 1986 and 2001, says that you MUST declare ‘spent’ convictions when applying for posts/work that allow you regular contact (face-to-face or via Information Communication Technologies) with children and vulnerable adults.
2.2 Therefore, the County Council’s Application Form asks you, whether applying for a paid or unpaid post, to declare ‘unspent’ convictions and ‘spent’ convictions where appropriate, e.g. where you will have regular contact with:
- persons over the age of 65: or
- persons suffering from serious illness or mental disorder of any kind; or
- persons addicted to alcohol or drugs; or
- persons suffering from a sensory impairment; or
- other persons who are substantially and permanently disabled by illness, injury or congenital deformity; or
- persons under the age of 18.
2.3 Where required the Council’s HR Recruitment Team will ask you to complete a disclosure application form, which will be processed via the Criminal Records
Bureau (CRB), and which can take on average between four and eight weeks to process.
2.4 Information obtained through a disclosure check will be shared with the recruiting manager, who will be responsible for evaluating the implications of any offences/convictions revealed in accordance with the Council’s objective assessment procedure (see below).
2.5 Disclosure information will be retained for maximum of six months in lockable and non-portable storage containers, access to which will be restricted to members of the HR Recruitment Team. After this time, the information will be shredded on-site. The photocopying/scanning of disclosure information or copying or representing the contents in any way is strictly prohibited.
3.0 Objective Assessment Procedure
3.1 The Council makes appointment decisions based on merit and ability. If you have a criminal record this will not automatically debar you from employment (paid or unpaid).
3.2 A fair and objective judgement will be made about your suitability for employment, based on a comparison of the level of skills, knowledge, qualifications and experience that you have in relation to the detailed requirements of the job description and person specification of the post for which you have applied. All disclosures, regardless of the seriousness of the offence(s)/conviction(s)/charge(s) revealed, will be subject to an objective assessment.
3.3 In each case, Council managers will consider the specific offence(s) /conviction(s) in relation to the particular job/situation and will take into account:
- the type of offence and sentence given;
- the nature of the job/situation for which you are applying;
- when the offence(s) occurred;
- any mitigating circumstances;
- your attitude; and
- whether you declared the offence(s)/conviction(s).
4.0 Nature of the Job
4.1 Work with Children
4.1.1In accordance with The Protection of Children Act 1999 and Criminal Justice and Courts Services Act 2000 it is unlawful for the Council to employ you, regardless of any mitigating circumstances, in a situation where you have regular contact with children if you are either:
- included on the list maintained by the Secretary of State for Health of people judged to be unsuitable to work with children. Unsuitability includes but is not limited to previous convictions. Referral to the list must have been made by a "childcare organisation" if you were employed in a post involving the care of children and committed misconduct (whether or not within the course of your employment) which has harmed a child or put a child at risk of harm; OR
- subject to a disqualifying order made on being convicted or charged with the following offences against children:
- murder;
- manslaughter;
- rape;
- other serious sexual offences;
- grievous bodily harm; and/or
- other serious acts of violence.
4.1.2 It is a criminal offence for you to attempt to apply for a post that would allow you regular contact with children if you are banned from working with children for the reasons stated above. Therefore the Council will report individuals to the CRB who are banned from working with children under the Protection of Children Act 1999 and Criminal Justice and Courts Services Act 2000, who apply for a childcare position. The Council will debar these candidates from further consideration for a vacant post.
4.1.3 It is the Council's normal policy, in undertaking an objective assessment, to consider it a high risk to employ you, if you may have regular contact with children, if you have been charged or convicted at any time of the following offences against adults:
- murder;
- manslaughter;
- rape;
- other serious sexual offences;
- grievous bodily harm; and/or
- other serious acts of violence.
4.1.4 It is the Council's normal policy, in undertaking an objective assessment, to consider it a high risk to employ you, if you may have regular contact with children, if you have been convicted or charged at any time of the following offences against children or adults:
- serious drug related offences;
- robbery/burglary/theft; and/or
- deception/fraud.
4.2 Work with Vulnerable Adults
4.2.1It is the Council's normal policy, in undertaking an objective assessment, to consider it a high risk to employ you, if you may have regular contact with vulnerable adults, if they have been convicted or charged at any time of the following offences against children or adults:
- murder;
- manslaughter;
- rape;
- other serious sexual offences;
- grievous bodily harm;
- other serious acts of violence;
- serious class A drug related offences;
- robbery/burglary/theft; and/or
- deception/fraud.
4.3 Budget Holders/Workers with Financial Responsibilities
4.3.1It is the Council's normal policy, in undertaking an objective assessment, to consider it a high risk to employ you, if you may have access to money or have budget responsibility (including monitoring) if you have been convicted of:
- robbery/burglary/theft; or
- deception/fraud.
4.4 Drivers
4.4.1It is the Council's normal policy, in undertaking an objective assessment, to consider it a high risk to employ you as a driver (or to a post with some driving responsibilities) if you have been convicted of drink driving within the last 10 years.
5.0 Declaration of Offence(s)
5.1 The Council’s Code of Conduct requires you to declare unspent offences/convictions and spent convictions for exempt posts.
5.2 Failure to disclose a criminal conviction that has not yet become, or will never become spent, OR a spent conviction when applying for work with children and vulnerable adults is a disciplinary offence and may be, in some cases a criminal offence.
