Requirements
2.9.1 Church bodies must have a clear process for assessing and making decisions in respect of criminal record information disclosed on a CDF, Overseas Criminal Record check and/or DBS certificate.
2.9.2 The process for assessment and decision making must include clear agreement as to who is the appropriate point of contact for advice from within the safeguarding team relevant to the church body e.g. Diocesan Safeguarding Officer, Cathedral Safeguarding Officer, Chief Operating Officer, Dean, Diocesan Registrar.
Guidance
Why?
Criminal record information may come to light at any stage of the appointment process, as well as at any point following this.
Having a criminal record does not necessarily prevent an individual engaging, working or volunteering with children, young people or vulnerable adults - this will depend on the exact nature of the position applied for and the details and circumstances of his/her offence(s). Criminal record information does, however, need to be considered in a fair, effective and robust manner, focusing on the need to safeguard people and, where necessary, exclude individuals with particular types/frequency of offending on their criminal record.
How?
2.9.1 Policy Statement
As per Section 2.9: Disclosure and Barring Service (DBS) and Overseas Criminal Records Checks, Registered Bodies and those in receipt of DBS Update Service information must have a written policy on the recruitment of ex-offenders in place.
Such a policy needs to reflect the practices of the church body in terms of ensuring fair and equal practice for applicants who may have a criminal record, including that there is no automatic discrimination. This ensures that both the church body requesting the DBS check and the applicant in question are aware of the rights and responsibilities that the church body has in terms of fair practice and treatment in recruitment.
A sample policy on the recruitment of ex-offenders can be found here:- to be added
2.9.2 Assessing information disclosed within a DBS Certificate and/or Overseas Criminal Record check
(see also section 2.4 Confidential Declaration Form and Section 2.8 Disclosure and Barring Service (DBS) and Overseas Criminal Records Checks)
Once the DBS Certificate and/or Overseas Criminal Record check is viewed, the contents should be verified against what has been previously declared on the CDF by the appropriate member of the safeguarding team relevant to the body (e.g. CSO/DSO).
The relevant safeguarding officer will carry out a risk assessment once all of the above relevant information is gathered together. The risk assessment should evidence the decision-making process that has taken place and document the rationale behind the final recruitment decision. This is particularly important in the case of potential discrimination claims. The risk assessment should also include any approvals and authorisations required by local policy.
The safeguarding officer will make a recommendation concerning the suitability of the applicant to the person responsible for the appointment in line with local arrangements. For members of clergy, this will always include seeking legal advice.
If issues are complex, assistance may be sought from the Local Children or Adults Safeguarding Partnership. In very complex cases the advice of an independent specialist may be required. Assistance with this should be sought from the National Safeguarding Team.
Criminal Record Discrepancies
Discrepancies can occur in criminal records. This is sometimes simply because the applicant may not understand how the disclosure system works in terms of spent/unspent cautions or convictions or has been given inaccurate information about what he/she needs to disclose.
Additionally, mistakes can sometimes be made on DBS Certificates or Overseas Criminal Record checks. If an individual disagrees with the information contained within any of these documents, it is his/her responsibility to appeal directly to the relevant organisation (e.g. DBS). Any appointment decisions should be deferred until such time as the dispute is concluded.
Criminal Records and Data Protection
Criminal records are a particularly sensitive type of personal data and therefore must be handled lawfully and with care. Church bodies should consult their data protection lead if they have any queries in relation to criminal records.
External Resource:
NACRO provide useful background information on dealing with criminal convictions: https://www.nacro.org.uk/