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{{org_field_name}}

Registration Number: {{org_field_registration_no}}


Recruitment and Employment of Ex-Offenders Policy

1. Purpose and Scope

The purpose of this Recruitment and Employment of Ex-Offenders Policy is to set out how {{org_field_name}} recruits and employs people who have a criminal record in a fair, transparent, proportionate and lawful manner while safeguarding people who use the service.

{{org_field_name}} recognises the importance of supporting rehabilitation and ensuring that people are not unfairly excluded from employment because of previous offending. At the same time, the organisation has a responsibility to ensure that all people employed or engaged to provide care and support are suitable for their roles and that people using the service are protected from avoidable harm.

This policy supports compliance with CQC Regulation 19: Fit and Proper Persons Employed and the requirements relating to safe and effective recruitment within adult social care.

This policy applies, where relevant, to:

{{org_field_name}} will only ask applicants or employees to provide criminal record information that it is legally entitled to request and consider. Protected convictions and cautions must not be requested, relied upon or used to make recruitment or employment decisions where the law prevents them from being considered.

Having a criminal record will not automatically prevent a person from working for {{org_field_name}}. Each matter will be considered individually, taking account of its relevance to the role and the associated risks. This does not apply where legislation prohibits the person from undertaking the proposed work, including where a person is barred from carrying out regulated activity with adults.

This policy should be read alongside the organisation’s Recruitment Policy, Safeguarding Policy, Equality and Diversity Policy, Data Protection Policy, DBS Handling Policy, Disciplinary Policy and any relevant safer recruitment procedures.

2. Policy Statement

Our domiciliary care company is committed to:

3. Legal and Regulatory Framework

This policy is implemented in accordance with relevant legislation, regulatory requirements and national guidance, including:

Legislation

Regulatory Requirements and Guidance

{{org_field_name}} will also have regard to:

4. Principles of Fair Recruitment

Our recruitment practices are based on fairness, proportionality, safeguarding and compliance with the law.

4.1 Fair Treatment and Non-Discrimination

4.2 Transparency

4.3 Proportionality and DBS Eligibility

4.4 Rehabilitation and Support

5. Recruitment Process

The recruitment process will ensure fair consideration of applicants with criminal records while meeting the organisation’s safeguarding responsibilities and the requirements of Regulation 19.

5.1 Job Advertisements and Recruitment Information

Job advertisements will:

5.2 Application and Criminal Record Declaration

{{org_field_name}} will only ask applicants to disclose criminal record information that it is legally entitled to request.

For positions that are not exempt from the Rehabilitation of Offenders Act 1974, applicants will not be required to disclose spent convictions or cautions.

For positions that are covered by the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, applicants may be asked about:

Applicants must not be asked to disclose protected convictions or cautions and these must not be taken into account if the organisation becomes aware of them in circumstances where it is not legally entitled to consider them.

Any criminal record declaration will be collected confidentially and access will be restricted to authorised persons involved in assessing suitability.

5.3 Interview and Discussion

Interviews will focus primarily on the person’s:

Where relevant criminal record information has been disclosed or is subsequently revealed through a DBS check, an open, fair and measured discussion will take place with the applicant.

The applicant will be given an opportunity to:

Recruiters responsible for considering criminal record information will receive appropriate guidance or training concerning DBS requirements, filtering and fair decision-making.

5.4 Conditional Offer and Final Decision

Offers of employment may be made conditional upon satisfactory completion of the relevant pre-employment checks.

Where applicable, these include:

A conditional offer will not be withdrawn solely because a criminal record exists unless:

Where practicable and lawful, any matter revealed through a DBS certificate which may affect the recruitment decision will be discussed with the applicant before a conditional offer is withdrawn.

The reasons for the final decision must be recorded.

DBS currently advises employers to hold an open and measured discussion about relevant information before making an adverse decision.

6. Pre-Employment Checks

{{org_field_name}} will carry out appropriate pre-employment checks before a person is appointed or deployed to perform duties connected with the regulated activity.

6.1 Determining the Appropriate DBS Check

The level of DBS check will be determined separately for each role by considering the actual duties performed and current DBS eligibility guidance.

For domiciliary care:

{{org_field_name}} will not knowingly request a higher level of DBS check than the law permits.

This is directly supported by the September 2026 adult social care guidance: care workers providing personal care qualify for Enhanced DBS with the Adults’ Barred List, while other domiciliary workers may qualify for Enhanced without the barred list depending on their activities and frequency of contact.

6.2 DBS and Barred List Checks

Where required:

A DBS check is only one part of the safer recruitment process and will not replace references, employment history checks, identity checks, qualification verification or other Regulation 19 checks.

6.3 Self-Disclosure and Filtering

Applicants will only be required to disclose information which {{org_field_name}} is legally entitled to ask about.

The organisation will:

6.4 References and Previous Employment

{{org_field_name}} will normally obtain at least two satisfactory references, including a reference from the applicant’s most recent employer where reasonably practicable.

In addition, in accordance with Schedule 3 requirements, the organisation will obtain and verify:

Any unexplained inconsistency, omission or concern arising from references or employment history will be investigated before the applicant is confirmed as suitable.

These points reflect the actual Schedule 3 requirements. Schedule 3 requires evidence of previous conduct, verification of the reason relevant employment ended, relevant qualifications, full employment history and explanations for gaps.

6.5 Applicants Who Have Lived or Worked Overseas

A DBS check principally contains information available through UK sources and may not provide a complete record of offences committed overseas.

Where an applicant has lived or worked outside the United Kingdom, {{org_field_name}} will consider obtaining, where reasonably practicable:

An overseas check does not replace a DBS check where a DBS check is required for the role.

Any inability to obtain overseas criminal record information will be documented and considered through an appropriate recruitment risk assessment.

DBS expressly warns that its checks cannot provide a complete picture of time spent overseas and recommends obtaining information from the relevant country where appropriate.

6.6 Other Regulation 19 and Schedule 3 Checks

The recruitment record will also include, as applicable:

Health and disability questions during recruitment will comply with section 60 of the Equality Act 2010. Except where a statutory exception applies, general health questions will not be used before an offer of employment is made.

7. Risk Assessment and Decision-Making

Where relevant criminal record information is identified and there is no automatic legal prohibition on employing the individual, {{org_field_name}} will carry out an individualised and proportionate suitability risk assessment.

The assessment will consider, where relevant:

Where a person is barred from regulated activity with adults, they must not be appointed or deployed to carry out that regulated activity.

Where employment remains legally possible, the decision will be made by the Registered Manager together with another appropriately authorised senior person or HR representative, where applicable.

Before an adverse decision is made because of information contained on a DBS certificate, the applicant will normally be given an opportunity to discuss the information.

The final decision and the reasons for it will be recorded. Where {{org_field_name}} decides that a person remains suitable despite information relevant to their character or suitability, the rationale for that conclusion will also be documented.

8. Employment Contracts and Onboarding

Employment will only be confirmed following satisfactory completion and consideration of the checks required for the particular role. Any conditions, safeguards or restrictions arising from a criminal record suitability assessment must be lawful, necessary, proportionate and documented.

During onboarding, new employees receive training on safeguarding, confidentiality, and company policies.

Employees must inform {{org_field_name}} of any subsequent matter that may lawfully and materially affect their suitability for their role, including being added to a barred list or receiving a relevant conviction or caution. The organisation will only request, record and consider information that it is legally entitled to process.

9. Ongoing Support and Monitoring

To support ex-offenders during employment, the company provides:

9.1 Workplace Support:

9.2 Training and Development:

9.3 Well-Being and Mental Health:

9.4 Performance Monitoring:

9.5 Fair and Proportionate Monitoring

10. Safeguarding and Reporting Concerns

{{org_field_name}} is committed to protecting people who use the service from abuse, neglect, exploitation and avoidable harm.

The organisation will ensure that:

Where information indicates that an employee may no longer meet the requirements of Regulation 19, {{org_field_name}} will take necessary and proportionate action to ensure that the person remains fit and suitable for their role.

Where the employee is a healthcare professional, social worker or another professional registered with a health or social care regulator, the relevant professional regulator will be informed where Regulation 19 or other applicable requirements require this.

DBS Barring Referrals

As a regulated activity provider, {{org_field_name}} has a legal duty to make a referral to the Disclosure and Barring Service where the statutory referral conditions are met.

This may apply where:

A DBS referral may be required even where:

Where appropriate, {{org_field_name}} will also make safeguarding referrals, professional regulator referrals and statutory CQC notifications independently of any DBS referral.

11. Data Protection and Confidentiality

Criminal record information is criminal offence data for the purposes of Article 10 of the UK GDPR and the Data Protection Act 2018.

{{org_field_name}} will process criminal offence data only where:

The ICO confirms that criminal offence data requires an Article 6 lawful basis and an appropriate Schedule 1 condition and that an Appropriate Policy Document is required for a number of those conditions, including relevant employment processing.

11.1 Access and Security

11.2 DBS Certificate Information

DBS certificate information will be handled in accordance with the DBS Code of Practice and current DBS handling guidance.

Once a recruitment or other suitability decision has been made, certificate information will not be retained for longer than necessary.

Where certificate information is temporarily retained to allow for matters such as a dispute, complaint or safeguarding audit, it will normally not be retained beyond the period necessary for that purpose and will remain subject to strict security and access controls.

Once it is no longer necessary to retain a copy or representation of DBS certificate information, it will be securely destroyed.

{{org_field_name}} may retain an appropriate record of:

This reflects DBS’s current certificate handling guidance.

11.3 Recruitment Risk Assessments and Decision Records

A criminal record risk assessment or documented recruitment decision is not automatically subject to the same retention period as a DBS certificate.

Risk assessments and necessary records explaining recruitment or employment decisions may be retained in accordance with the organisation’s HR and records retention schedule where this is necessary for:

Only information that remains necessary for those purposes will be retained.

11.4 Confidentiality and Transparency

Applicants and employees will be provided with appropriate privacy information explaining:

11.5 Secure Disposal

When criminal record information is no longer required, paper and electronic records will be securely destroyed or deleted in accordance with the organisation’s retention and disposal procedures.

12. Addressing Discrimination and Bias

{org_field_name}} will promote fair and lawful recruitment by:

13. Complaints and Grievances

An applicant who believes that they have been treated unfairly during recruitment, including in relation to criminal record information, may raise a concern or request a review of the decision.

Concerns may be raised:

The concern will be handled confidentially and impartially.

Where appropriate:

Making a complaint will not result in prejudice or retaliation against the applicant.

Where an applicant believes that information contained on their DBS certificate is incorrect, they will also be advised that they may use the DBS dispute procedure.

Data protection concerns relating to the processing of criminal record information will be managed in accordance with the organisation’s Data Protection Policy and applicable UK data protection legislation.

14. Monitoring and Quality Assurance

{{org_field_name}} will monitor implementation of this policy through its governance and quality assurance arrangements.

Recruitment audits will include, where relevant, checks that:

Any identified shortfall will result in an action plan, with responsibility and timescales assigned for completion.

Recruitment practices and outcomes will be reviewed for trends, learning and opportunities for improvement.

15. Policy Review and Continuous Improvement

This policy will be reviewed at least annually and sooner where necessary.

An earlier review will take place following:

The Registered Manager, or another appropriately authorised person, will ensure that:


Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on:
{{last_update_date}}
Next Review Date:
{{next_review_date}}
Copyright © {{current_year}} – {{org_field_name}}. All rights reserved.

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