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{{org_field_name}}

Registration Number: {{org_field_registration_no}}

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Recruitment and Employment of Ex-Offenders Policy

1. Purpose

The purpose of this policy is to ensure that {{org_field_name}} provides fair and equal employment opportunities to individuals with criminal convictions while maintaining the safety and welfare of people we support, staff, and visitors. This policy ensures compliance with CQC regulations, UK employment laws, and the Rehabilitation of Offenders Act 1974, balancing risk management with inclusive employment practices. It also sets out clear guidelines for assessing suitability, conducting risk assessments, and ensuring that recruitment decisions are made with due consideration to both safeguarding and rehabilitation.

2. Scope

This policy applies to all recruitment and employment decisions within {{org_field_name}}, ensuring that ex-offenders are considered for roles in a manner that is fair, legal, and proportionate. This includes:

• The recruitment of ex-offenders for roles within the care home, ensuring that decisions are based on merit and risk assessments rather than discrimination.
• The assessment of convictions to determine suitability for employment while ensuring the safeguarding of people we support.
• Compliance with Disclosure and Barring Service (DBS) checks to verify an individual’s eligibility for specific roles.
• Implementing transparent hiring processes that allow ex-offenders a fair chance at employment.
• Ensuring adequate risk management processes to maintain a safe environment for all stakeholders.

3. Legal and Regulatory Framework

This policy aligns with:

• The Rehabilitation of Offenders Act 1974 – Establishes when and how convictions must be disclosed, ensuring fair treatment for individuals with past offences.
• CQC Regulation 19 – Fit and Proper Persons Employed – Ensures only suitable individuals are employed in regulated care roles【40†source】.
• Disclosure and Barring Service (DBS) Regulations – Outlines the necessary criminal record checks for employees working with vulnerable adults.
• Equality Act 2010 – Protects individuals from discrimination based on their past convictions, except where safeguarding measures take priority.
• Data Protection Act 2018 and GDPR – Ensures sensitive criminal record information is processed, stored, and used lawfully and confidentially.

4. Related Policies

This policy is linked to other employment and safeguarding policies within {{org_field_name}}, ensuring a holistic approach to fair and safe recruitment. These include:

• CH26 – Recruitment, Selection, and Retention Policy – Outlines the general recruitment framework followed by the organisation.
• CH19 – Fit and Proper Persons Employed Policy – Ensures all individuals hired meet the required legal and professional standards.
• CH13 – Safeguarding Adults from Abuse and Improper Treatment Policy – Establishes procedures for protecting people we support from potential harm.
• CH16 – Health and Safety at Work Policy – Defines safety procedures to mitigate workplace risks, including those related to recruitment.
• CH30 – Equality, Diversity, and Inclusion Policy – Reinforces the organisation’s commitment to fair treatment and inclusivity.

5. Policy Statement

{{org_field_name}} is committed to inclusive employment practices that allow ex-offenders to reintegrate into the workforce while ensuring the safety of people we support. Our approach includes:

• Assessing applicants based on their skills, experience, and qualifications rather than solely on past convictions.
• Conducting individual risk assessments where necessary to ensure that employment decisions are made responsibly.
• Complying with all legal requirements regarding DBS checks and safeguarding protocols to protect people we support.
• Maintaining confidentiality and treating all applicants fairly and with dignity.

6. Recruitment and Disclosure Process

• Pre-employment DBS Checks – All applicants for regulated roles must undergo an Enhanced DBS check with barred list checks, ensuring that they are legally permitted to work in health and social care.
• Disclosure of Convictions – Applicants must disclose any unspent convictions during the application process. Spent convictions are only considered if legally required for the role.
• Risk Assessment – When an applicant has a criminal record, a structured assessment will be carried out, considering:
  • The nature and severity of the offence.
  • The relevance of the offence to the role applied for.
  • The time elapsed since the conviction.
  • The individual’s subsequent behaviour and evidence of rehabilitation.
  • Any additional safeguarding measures that may be required.
• Decision-Making Process – Employment decisions involving applicants with convictions will be made by senior management in consultation with safeguarding leads, ensuring fairness while prioritising safety.

7. Confidentiality and Data Protection

• Criminal record information must be processed securely, in compliance with GDPR and the Data Protection Act 2018.
• Information will only be disclosed to authorised personnel directly involved in recruitment decisions and risk assessments.
• Records of DBS checks and risk assessments will be stored securely and retained only for as long as necessary to fulfil regulatory and legal obligations.

8. Training and Awareness

• HR and recruitment staff must undergo training on fair recruitment practices for ex-offenders, ensuring compliance with best practices.
• Hiring managers must understand CQC requirements for safer recruitment and be equipped to make informed, balanced hiring decisions.
• Staff must be educated on anti-discriminatory hiring practices to ensure an inclusive recruitment process that balances rehabilitation with safeguarding.

9. Monitoring and Compliance

• Regular audits will be conducted to ensure compliance with DBS and CQC regulations regarding recruitment practices.
• Complaints and appeals regarding recruitment decisions will be addressed fairly and transparently, ensuring procedural fairness.
• Feedback mechanisms will be implemented to evaluate the effectiveness of this policy and make necessary improvements.

10. Responsibilities

• Registered Manager – Oversees the application of safer recruitment policies and ensures compliance with legal requirements.
• HR and Recruitment Team – Manages the DBS check process, reviews disclosures, and oversees recruitment procedures.
• Safeguarding Lead – Provides expert guidance on risk assessments and safeguarding considerations for applicants with convictions.
• All Staff – Must uphold fair and transparent hiring practices while maintaining a commitment to safeguarding and compliance.

11. Consequences of Non-Compliance

Failure to comply with this policy may result in:

• Employment termination if individuals are found to have provided false information or concealed relevant convictions.
• Regulatory penalties imposed by the CQC for failing to conduct proper DBS checks and risk assessments.
• Legal consequences for breaches of the Rehabilitation of Offenders Act or Data Protection regulations.

12. Policy Review

This policy will be reviewed annually or sooner if legislative changes, CQC updates, or business needs require amendments. Feedback from staff, applicants, and external stakeholders will be taken into account during the review process to enhance policy effectiveness.

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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}}
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