Employment Application. Criminal Record Declaration

Transcription

1 Employment Application Criminal Record Declaration You have been selected for interview based upon the information you have so far provided. The Company is required by law to undertake checks on criminal records to ensure that only suitable persons undertake care work, and are not barred from doing so. Please complete this Statement and bring it with you to the interview. The Company will be making an application to Disclosure Scotland as follows: Tick as appropriate Standard Disclosure Enhanced Disclosure Protection of Vulnerable Groups Scheme If you are offered employment it will be conditional on the Company obtaining a satisfactory Disclosure from Disclosure Scotland. Page 1 of 5

2 Introduction We recognise the contribution that former or ex-offenders can make as employees and volunteers and welcome applications from them. A person s criminal record will not, in itself, debar that person from being appointed to this post. Any information given will be treated in the strictest confidence. Suitable applicants will not be refused posts because of offences which are not relevant to the role and which do not make them a risk in the role for which they are applying All cases will be examined on an individual basis, taking the following into consideration: whether the conviction or other matter(s) revealed on the disclosure is relevant to the position in question; the nature of any offence or other matter(s) revealed; whether the person is barred from working with particular vulnerable groups; the length of the time since the offence or other relevant matter(s) occurred; whether the individual has a pattern of offending behaviour or other relevant matters; and whether the individual s circumstances have changed since the offending behaviour or the other relevant matters. Standard and enhanced disclosures Standard and enhanced disclosures involve higher level checks. They are for people doing certain types of work or looking to adopt and are applied for by your employer or a registered body representing you. standard disclosure is for specific roles such as solicitors, accountants or providing a care service; enhanced disclosure applies to specific roles such as checking people are suitable for adoption, or applying for certain gaming or lottery licences. Protecting Vulnerable Groups The Protecting Vulnerable Groups (PVG) membership scheme is managed and delivered by Disclosure Scotland. It helps makes sure people whose behaviour makes them unsuitable to work with children and/or protected adults, can't do regulated work with these vulnerable groups. There are 2 types of regulated work work with children and work with protected adults. Regulated work is usually jobs including: caring responsibilities; teaching or supervising children and/or protected adults; providing personal services to children and/or protected adults; having unsupervised contact with children and/or protected adults. How the scheme works When someone applies to join the PVG Scheme Disclosure Scotland carries out criminal record checks and shares the results with individuals and organisations. The application process involves gathering criminal record and other relevant information. This can be shared with the employer who is providing regulated work, unless the person applies to have a conviction removed from their PVG Scheme record. If the information shows the applicant might be unsuitable for regulated work, they'll be referred for further investigation as part of the 'consideration process'. Page 2 of 5

3 All employees of the Company who undertake regulated work will be required to be members of the PVG Scheme. Position applied for: Surname: Forenames: Information included in a standard disclosure Criminal Record Declaration unspent convictions relevant spent convictions (See Additional Note 1) unspent cautions Information included in an enhanced disclosure unspent convictions relevant spent convictions (See Additional Note 1) unspent cautions inclusion on children's or adult's lists (if it's relevant to the job) (See Additional Note 2) other relevant information held by the police Information included in a PVG Scheme Record unspent convictions spent convictions for certain offences unspent cautions if the person is on the sex offenders register relevant information from the police force prescribed civil orders confirmation that the person isn't barred from doing that work if the person is under consideration for listing for that type of regulated work In respect of the following type of Disclosure being requested: Standard Disclosure/Enhanced Disclosure/PVG Scheme, (delete as appropriate), from Disclosure Scotland do you have anything that you would wish to declare? Yes No (Please circle) If you have answered Yes, please provide details of your criminal record in the space below, together with any additional information you would wish the Company to consider. Continue on a separate sheet if necessary. DECLARATION I declare that the information provided on this form is correct. I understand that the declaration of a criminal record will not necessarily prevent me from being offered employment with the Company. Page 3 of 5

4 Signed: Date: Additional Notes 1. Spent convictions that must always be disclosed If you have a spent conviction for an offence on the always disclose list (PDF), you must disclose it to a prospective employer when asked. The always disclose list is for serious convictions, for example murder, rape or terrorism. These types of offences always appear on a higher level disclosure regardless of how old they are and what the punishment was. If you're an employer, you're legally allowed to ask someone who works for you or that you might want to employ, to disclose if they have any: unspent convictions spent convictions for offences on the always disclose list Spent convictions that must be disclosed subject to rules There's a separate rules list (PDF) for offences like fraud, theft or simple assault. If you have a spent conviction for an offence on this list, Disclosure Scotland follows rules set out in law, about the length of time they will disclose them. The rules are: 15 years, if you were 18 or over at the date of conviction 7 and a half years, if you were under 18 at the date of conviction 2. Children and adults lists Disclosure Scotland keeps a list of people unsuitable to do regulated work with children and a list of people unsuitable to work with protected adults. The lists are separate, although people can be on both lists. If Disclosure Scotland adds someone to one or both of these lists, it is known as being 'listed'. If you are listed If someone is listed on one of these lists, they are barred from working with the vulnerable groups covered by that list. For example, someone on the list of those considered unsuitable to work with children, cannot do regulated work with children. Unless they are listed on both lists, someone considered unsuitable to work with children can still work with protected adults and vice versa. It is a criminal offence for someone who's listed to do regulated work in the UK with the protected groups they are listed for. It's also a criminal offence for an organisation to employ a listed person to do that kind of regulated work. Page 4 of 5

5 If someone is listed they are not eligible for PVG scheme membership for that type of work. If they were already a PVG Scheme member before they got listed, Disclosure Scotland will end their membership for that type of regulated work. If you have a query about disclosure, why not contact Disclosure Scotland on Page 5 of 5