Requirements
2.4.1 A Church of England Confidential Declaration Form (CDF) must be submitted by all members of clergy at the same time as they submit their application. At application stage, if a member of clergy refuses to complete a CDF, then the process must be terminated.
2.4.2 A CDF must be completed by all members of clergy each time they apply for a DBS re-check.
2.4.3 All appointment documentation must explain that a completed CDF is required for the role and the basis on which that requirement is made.
2.4.4 The CDF must only be viewed by those who need to see it as part of the appointment or re-check process.
Guidance
2.41-2.42 Confidential Declaration Forms
Why?
All ordained clergy holding the bishop’s licence will be eligible for an enhanced DBS with a check of the child and vulnerable adults barred lists because by virtue of that licence they are either engaging in “regulated activity”; or there is a “reasonable expectation” that they may be called upon to engage in “regulated activity” at any time. Appendix C provides more detailed information on regulated activity in a church context.
Prior to submitting their DBS application, clergy applicants must be asked to complete the Church of England Confidential Declaration Form (CDF), which gives them the opportunity to disclose details of any convictions, cautions, final warnings and reprimands which are not protected i.e. not eligible for being filtered out in accordance with the DBS filtering rules, and will be displayed on an enhanced DBS certificate. The information declared by the clergy applicant on the CDF (as well as any subsequently viewed on the DBS certificate later in this process) can be taken into account when deciding on an individual’s suitability for the role for which they have applied.
How?
Please see Appendix D for a summary of Clergy Current Status Letter (CCSL), CDF and DBS requirements.
All appointment related documentation must include an explanation that the post is exempt from Section 4 (2) of the Rehabilitation of Offenders Act 1974 by virtue of the fact that the post/role is included in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 and the Police Act 1997 (Criminal Records) Regulations. The same documentation must also outline exactly what information will be requested from them and at which stage of the process.
It should be made clear that the information will only be used to inform the overall assessment as to a candidate’s suitability for the appointment, where it is relevant. All of this should be stated on the relevant privacy notice.
The Church of England’s Confidential Declaration form is found online and can be completed electronically or by hand.
When?
There is nothing to prevent church bodies requesting a CDF at an early stage of the appointment process, provided there is sufficient justification or legitimate purpose for doing so. Given that all ordained clergy are engaging in regulated activity or there is a reasonable expectation that they will be, it is important to identify as early as possible if an individual is barred from that activity. It would be a criminal offence to appoint such a person into regulated activity, as well as a criminal offence for them to apply7. If a person is barred, you must not continue with the appointment process, so by asking candidates to complete the CDF earlier you avoid such a situation arising.
Assessing information disclosed within a CDF
If the clergy candidate has declared anything on their CDF, this should be assessed in accordance with the Church Body’s agreed process and, if it does not make them unsuitable to be shortlisted, the declared information should be discussed at an appropriate point in the selection process, usually at interview.
Appropriate notes recording discussions with the individual should be kept within the interview notes. The information provided during the interview discussion must be referred to the appropriate point of contact for advice from within the safeguarding team relevant to the body (e.g. Cathedral or Diocesan Safeguarding Officer (CSO/DSO)) and considered in a reasonable and measured way.
A record should be kept at this stage as to why, based on the information provided within the CDF and the subsequent discussion with the individual, this information does or does not affect their ability to be progressed to the next stage.
Throughout all of this, transparency with applicants is key. Criminal record information is sensitive, special category data and subject to additional protection under data protection legislation. Ensuring individuals are fully aware of a church body’s policies and procedures is essential. Applicants must be made aware of when and why such information is being requested, what will be done with it, who it may be shared with and for how long it will be retained. Church bodies will need to have a retention policy about storing the information, whether a candidate is successful or not.
A separate privacy notice must be attached to the CDF to detail how a person’s personal data will be processed in this context. A template privacy notice for the CDF can be found online.
Church bodies should consult their data protection lead if they have any queries in relation to the processing of this personal data or the privacy notice.