Requirements
4.9.1 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.
4.9.2 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 safer recruitment process, as well as during the ongoing volunteering relationship.
Having a criminal record does not necessarily prevent an individual volunteering with children, young people and/or vulnerable adults - this will depend on the exact nature of the volunteer position 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 forms of criminal record.
How?
4.9.1 Policy Statement
As per Section 4.8.2: Disclosure and Barring Service, 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 volunteers who may have a criminal record, including no automatic discrimination. This ensures that both the church body requesting the DBS check and the volunteer in question are aware of the rights and responsibilities that the body has in terms of fair practice and treatment in recruitment.
For those roles where a DBS check is required (see Section 4.8.2: Disclosure and Barring Service), the policy should identify that this is made clear in job adverts/notices (see Section 4.3: Advertising) and throughout the recruitment process. It should also make reference to the policy itself being made available to prospective volunteers at the outset of the recruitment process.
A sample policy on the recruitment of ex-offenders can be found here.
4.9.2 Assessing information disclosed within a DBS Certificate and/or Overseas Criminal Record check
(see also Section 4.5 Confidential Declarations and Section 4.8.2 Disclosure and Barring Service)
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 Church of England CDF by the appropriate member of the safeguarding team relevant to the body (e.g. CSO/DSO).
The relevant safeguarding officer (e.g. CSO/DSO) will carry out a risk assessment once all the above relevant information is gathered. The safeguarding officer will make a recommendation concerning the suitability of the individual to the person responsible for the appointment in line with local arrangements. If issues are complex, assistance may be sought from the Local Safeguarding 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.
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.
If the applicant is appointed, the risk assessment should be securely stored on the appropriate file.
If the DBS Certificate and/or Overseas Criminal Record check identifies relevant information that the individual has not disclosed on his/her CDF or at any other time during the proceedings to date, then serious consideration must be given as to whether this volunteer can be appointed after such a potential breach of trust. In all cases, the applicant should be given the opportunity to explain the discrepancy before a final decision on their suitability for the position is made.
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 particular 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/