DS63. Employment of Ex-Offenders
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Employment of Ex-Offenders Policy
Policy Statement
This policy outlines {{org_field_name}}’s approach to its decision-making in respect of applications for employment from people who notify {{org_field_name}} that they have a criminal record or for whom a criminal record is identified from their Disclosure Scotland checks.
The policy is written in line with the safe recruitment practices required by the national health and social care standards, My Support, My Life, particularly section Standard 4: “I have confidence in the organisation providing my care and support” and the Care Inspectorate guidance Safer Recruitment Through Better Recruitment (2016).
The service recognises that it is important to comply with the current legislation and codes of practice regarding the treatment of individuals who are subject to Disclosure Scotland checks. This includes an undertaking not to discriminate unfairly against the subject of a disclosure on the basis of conviction or other information revealed.
The service is committed to equality of opportunity, to following practices, and to providing a service which is free from unfair and unlawful discrimination. It ensures that no applicant or member of staff is subject to less favourable treatment on the grounds of offending background.
The service actively promotes the right mix of talent, skills and potential and welcome applications from a wide range of candidates, including those with criminal records. The selection of candidates for interview will be based on skills, qualifications and experience.
Procedures
The service uses a Disclosure Scotland check where this is considered proportionate and relevant to the particular position or type of regulated work. This will be based on a thorough risk assessment of the position or work and having considered the relevant legislation which determines whether or not a Standard or Enhanced Disclosure as defined in law under is applicable.
Where a disclosure application or request is necessary, applicants will be made aware that the position or work will be subject to a Disclosure Scotland check and that the nature of the position or work entitles the service to ask about spent and unspent convictions.
The service asks applicants to complete a criminal record self-declaration form. It emphasises that applicants should be honest in their response. It asks that this form is returned under separate, confidential cover to a designated person. The service will ensure that this form is only be seen by those who need to see it as part of the decision-making process.
At interview, or in a separate discussion, {{org_field_name}} makes sure that an open and measured discussion takes place about any offences or other matter that might be relevant to the position. Failure to reveal information that is directly relevant to the position sought could lead to withdrawal of an offer of employment. Here, {{org_field_name}} is mindful of the fact that it must not knowingly employ anyone for a position involving regulated activity who has been placed on a relevant Disclosure Scotland barring list and where the person has been eligible for barring list checks.
The service will discuss any matter revealed in a disclosure issued under the relevant legislation before a decision to appoint is made.
With registered professionals (nurses, social workers, etc), who have applied for posts requiring registration and, who have declared or disclosed convictions, it might be necessary to carry out further checks to find out if the applicable registration body is aware of the conviction, and if not to determine if the body’s code of conduct requires it to be notified so that it can investigate (or has investigated) any potential breach of its code. This process will be carried out in a transparent way with the involvement of the applicant. Their suitability for the post will then be reassessed in the light of the information received with due regard to the nature and seriousness of the offences committed.
Training
{{org_field_name}} makes sure that everyone involved in the recruitment process have been suitably trained to identify and assess the relevance and circumstances of offences.
{{org_field_name}} also makes sure that everyone involved has received appropriate guidance and training in the relevant legislation relating to the employment of ex-offenders, particularly the Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007.
{{org_field_name}} will amend its policy in line with any changes made to the relevant legislation and Disclosure Scotland practices and procedures.
Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next review date: this policy is reviewed annually (every 12 months). When needed, this policy is also updated in response to changes in legislation, regulation, best practices, or organisational changes.
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