Disclosure and Barring Service (DBS) Checks Policy

Transcription

1 Disclosure and Barring Service (DBS) Checks Policy For the attention of: All Staff Produced by: Director of Human Resources Approved by: SMT Date of publication: April 2013 Date of review: April 2015

2 Our Mission To provide opportunities for all our learners to thrive and achieve in life and work. Our values We will make respect our Golden Rule We will try to stand out in everything we do We will not be afraid to innovate even if we risk failure We will learn something new every day We will persevere until we get it right We will celebrate our achievements We will champion our students We will always have high expectations We will be responsive and enterprising We will work together and in partnership with our communities and businesses We will never forget that we are accountable to the students, communities and businesses that we serve We will be responsible stewards of public money Disclosure and Barring Service (DBS) Checks Policy Page 2

3 Disclosure and Barring Service (DBS) Checks Policy Contents 1. Purpose... Error! Bookmark not defined. 2. Scope... Error! Bookmark not defined. 3. Background Application Recruitment of Ex-Offenders Disclosure of Criminal Convictions or Cautions or Facts Related to Police Investigations After Initial DBS Check Secure Storage, Handling, Use, Retention and Disposal of Disclosures and Disclosure of Information Associated Documents... 9 Disclosure and Barring Service (DBS) Checks Policy Page 3

4 1. Purpose As part of the compulsory pre-employment screening process to ensure fitness to work, (see Recruitment & Selection Policy) prospective employees are subject to a check on any criminal background prior to commencing employment. Checking is very strictly regulated under the Data Protection Act and is undertaken by the Disclosure and Barring Service (DBS). Working at East Berkshire College, a further education institution, will involve employees and workers having regular contact with persons under the age of 18 and therefore DBS Checks will be carried out on all prospective employees. 2. Scope This policy applies to all staff (full or part time), agency staff, volunteers, consultants and other contracted** persons (either contracted directly or through another employer), and students undertaking work experience which involves working with young and vulnerable people. 3. Background There are at present four levels of DBS checks Standard, Enhanced, Enhanced with barred list check (child/adult /child and adult) and Adult first check. It is the policy of East Berkshire College that all posts in the College are subject to Standard checks because of the potential for unsupervised access to young and vulnerable students both inside and outside the College and because all employees are viewed by students as being in a position of trust. All posts that involve regulated activity are subject to the Enhanced with barred list check (child or dependant on post child and adult). Having a criminal record will not automatically debar a person from being appointed. All employers using the services of the DBS are required by their Code of Practice to have a Policy on the employment of ex-offenders to ensure that all applicants for positions who have a criminal record are treated fairly and are not discriminated against unfairly on the basis of conviction or other information revealed. The College has adopted the DBS standard model policy (See Section 4). All offers of employment are conditional upon receiving a satisfactory DBS Disclosure Check. A DBS application form and guidance notes are enclosed with the conditional offer letter. It is for the prospective employee to complete and sign the form and return to the Human Resources department with original documentation, as required by the DBS. The documentation and form are checked and the form countersigned by a Registered Counter-signatory (Human Resources team member), before being dispatched to the DBS for processing. Disclosure and Barring Service (DBS) Checks Policy Page 4

5 4. Application This policy document is made available to all applicants at the outset of the recruitment process. Disclosure is to form part of the recruitment process, we encourage all applicants invited to interview to provide details of their criminal record at an early stage in the application process. In the case of directly employed staff the cost of the DBS check is met by the College and students, depending on eligibility meet the cost themselves. In the case of agency staff the policy of the employment agency will apply. In our commitment to safeguard all students and staff at the College we will ask about all criminal convictions whether spent or not. An Enhanced Disclosure contains details of both spent and unspent convictions, as well as cautions, reprimands and final warnings held on the Police National Computer and nonconviction information from local police records if that is thought to be relevant to the position being applied for. After completion and processing of the DBS form, the DBS will send directly to the applicant at the home address supplied on their completed DBS form All pre-employment checks, including an enhanced DBS check must be in place for all directly employed staff, volunteers, contractors and agency workers before a start date is confirmed. The college operates a by exception provision to this Policy for any post that does not fall within the scope of regulated activity, whether that be for an employee, contractor**, volunteer or agency worker. Where there is an urgent business case for the individual to start within a post that is not regulated activity, the Principal or Deputy Principal can give approval for them to start before the DBS is received but only with the following provisions in place:- All other pre-employment checks are received and satisfactory The individual has submitted their DBS form The individual confirms in writing that they do not have any criminal convictions The appointing manager makes the request in writing to the Principal and outlines what provision they guarantee will put in place for supervision/chaperoning of the individual until such time as the DBS is returned clear and the supervision is lifted The line manager assesses the appointees work weekly and the risk assessment is reviewed every 2 weeks ** Any contractors involved in the redevelopment projects at Langley, or any future similar projects are not subject to DBS checks. 5. Recruitment of Ex-Offenders East Berkshire College complies fully with the DBS Code of Practice and undertakes to treat all applicants for positions fairly. It undertakes not to discriminate unfairly against any subject of a DBS Check on the basis of conviction or other information revealed. Disclosure and Barring Service (DBS) Checks Policy Page 5

6 The College is committed to the fair treatment of its staff, potential staff or users of its services, regardless of race, gender, religion, sex, sexual orientation, responsibilities for dependants, age, disability or offending background. The College has a Recruitment and Selection Procedure, which does not discriminate against ex-offenders, and is available to all upon request. The College actively promotes equality of opportunity and diversity for all with the right mix of talent, skills and potential, and welcomes applicants from a wide range of candidates, including those with criminal records. Candidates are selected for interview based on their relevant skills, qualifications and experience. All application forms, job adverts and recruitment packs contain a statement that a DBS Check will be requested in the event of the individual being offered the position. The College encourages applicants to provide details of their criminal record at an early stage in the application process. This information is requested in the application form. The College s policy is that this information is only seen by those who need to see it as part of the recruitment process and will be kept strictly confidential. The College will ensure that all those who are involved in the recruitment process have been suitably trained to identify and assess the relevance and circumstances of offenders, and that they have received appropriate guidance and training in the relevant legislation relating to the employment of exoffenders, e.g. the Rehabilitation of Offenders Act 1974 (and its exceptions The College will ensure that an open and measured discussion takes place on the subject of any offences or other matter that might be relevant to the position, at interview, or in a separate discussion. Applicants will be informed that failure to reveal information that is directly relevant to the position sought could lead to withdrawal of a conditional offer of employment. The College will make every subject of a DBS Disclosure aware of the existence of the DBS Code of Practice and make a copy available on request. The College will undertake to discuss any matter revealed in a DBS Disclosure with the applicant before withdrawing a conditional offer of employment. 6. Disclosure of Criminal Convictions or Cautions or Facts Related to Police Investigations After Initial DBS Check Any employee who receives any criminal conviction or caution or who is the subject of any police investigation during the time that they are employed by the College is obliged to disclose that information to the Human Resources Department. A decision will then be made about their continued employment by the Principal or Deputy Principal following a meeting with the employee. Disclosure and Barring Service (DBS) Checks Policy Page 6

7 The employee has the right to be accompanied at the meeting by a trade union representative or workplace colleague. A member of the Human Resources department will also be present. A decision will be confirmed in writing to the employee. The employee has the right to appeal the decision. Written grounds of appeal should be submitted to the Director of Human Resources within 5 working days of receiving confirmation of the decision. The appeal will be heard by the Deputy Principal not previously involved, or the Principal and advised by a member of the Human Resources Department. The employee has the right to be accompanied at the meeting by a trade union representative or workplace colleague. If a custodial sentence is imposed in excess of the time that could be covered by annual leave arrangements, it may be necessary to treat the contract as having been frustrated (i.e. the person is not available to undertake the provisions of their contract ) and thus, the employment as having ended at the beginning of the sentence. Equally, where a driving conviction has led to a disqualification of your driving licence, and driving is an essential requirement of the job or where having a clean driving licence is a requirement of the College s insurance policy to enable you to drive, your contract may be seen as having been frustrated. Failure to disclose relevant criminal convictions or cautions during your period of employment will be considered to be a disciplinary matter which could result in dismissal; as such it would be handled in accordance with the College s Disciplinary Policy and Procedure. 7. Secure Storage, Handling, Use, Retention and Disposal of Disclosures and Disclosure of Information The handling of Disclosure information provided by prospective employees or students, either received directly from the prospective employee or from the DBS, is restricted to the Human Resources Department. Storage and Access Disclosure information is never kept on an applicant s personnel file and is always kept separately and securely, in lockable, non-portable, storage containers with access strictly controlled and limited to those who are entitled to see it as part of their duties. Handling In accordance with Section 124 of the Police Act 1997, Disclosure information is only passed to those who are authorised to receive it in the course of their duties. The College maintains a record of all those to whom Disclosures or Disclosure information has been revealed. The College recognises that it is a criminal offence to pass this information to anyone who is not entitled to receive it. Disclosure and Barring Service (DBS) Checks Policy Page 7

8 Usage Disclosure information will only be used for the specific purpose for which it was requested and for which the applicant s full consent has been given. Retention Disclosure certificate numbers are noted on the individual s personal file and on the computerized Personnel records system. Disclosure certificates may be retained for a period of up to two months from receipt, to allow for the consideration and resolution of any disputes or complaints. Disposal Once the retention period has elapsed, the College will ensure that any Disclosure information is immediately destroyed by shredding. While awaiting destruction, Disclosure information will not be kept in any insecure receptacle (e.g. waste bin or confidential waste sack). The College will not keep any photocopy or other image of the Disclosure or any copy of representation of the contents of a Disclosure. Acting as an Umbrella Body Before acting as an Umbrella Body on behalf of other employers, the College will take all reasonable steps to ensure that they comply fully with the DBS Code of Practice. 8. Associated Documents - Recruitment and Selection Policy - Recruitment and Selection Procedure - Disciplinary Policy and Procedure Disclosure and Barring Service (DBS) Checks Policy Page 8