SL82-Recruitment and Employment of Ex-Offenders Policy

Registration Number: {{org_field_registration_no}}

Recruitment and Employment of Ex-Offenders Policy

1. Purpose

At {{org_field_name}}, we are committed to fair, transparent, and non-discriminatory recruitment practices while ensuring the safety and well-being of individuals receiving support. This policy outlines how we manage the recruitment and employment of ex-offenders in compliance with CQC regulations, the Rehabilitation of Offenders Act 1974, the Safeguarding Vulnerable Groups Act 2006, and the Disclosure and Barring Service (DBS) Code of Practice.

This policy ensures that ex-offenders are treated fairly and given opportunities for employment, while also ensuring that recruitment decisions protect individuals receiving support, staff, and the wider community.

2. Scope

This policy applies to all job applicants, employees, agency workers, contractors, and volunteers within our Supported Living service. It covers recruitment, risk assessment, and ongoing monitoring of employees with criminal convictions.

3. Related Policies

SL13 – Safeguarding Adults from Abuse and Improper Treatment Policy
SL17 – Good Governance Policy
SL21 – Recruitment and Selection Policy
SL34 – Confidentiality and Data Protection (GDPR) Policy
SL42 – Equality, Diversity, and Inclusion Policy
SL07 – Person-Centred Care Policy

4. Legal and Regulatory Framework

4.1 The Rehabilitation of Offenders Act 1974

Under this Act, certain criminal convictions become spent after a period, meaning they no longer need to be disclosed.
However, for roles in regulated activity with vulnerable adults, all convictions (both spent and unspent) must be disclosed due to the nature of our work.

4.2 Disclosure and Barring Service (DBS) Checks

All employees in regulated roles must undergo an Enhanced DBS check with barred list check before employment.
DBS certificates are reviewed confidentially and fairly, in line with the DBS Code of Practice.
A risk assessment will determine whether an individual with a conviction is suitable for employment.

4.3 Safeguarding Vulnerable Groups Act 2006

This Act prohibits individuals on the DBS Barred List from working in regulated activities.
Any attempt by a barred person to apply for such a role must be reported to the Disclosure and Barring Service (DBS) and CQC.

5. Recruitment Process for Ex-Offenders

5.1 Application and Self-Disclosure

Job applicants are required to complete a self-disclosure form regarding criminal convictions.
Applicants must be informed that they are required to disclose all spent and unspent convictions due to the nature of regulated care roles.
Failure to disclose relevant information may result in immediate disqualification from the hiring process or disciplinary action if already employed.

5.2 Assessing Suitability for Employment

When an applicant discloses a conviction, we will fairly assess their suitability by considering:

The nature of the offence – whether it relates to vulnerable people, financial misconduct, or violence.
The relevance to the role – whether the conviction affects the ability to perform the job safely and effectively.
The time elapsed since the conviction – whether the offence was recent or historic.
Patterns of offending behaviour – whether the conviction was a one-time event or part of a pattern.
Rehabilitation and personal circumstances – what steps the individual has taken since the conviction to change their behaviour.

Each case is assessed individually and objectively, with no automatic exclusions based on criminal history.

5.3 Risk Assessment Process

If an applicant has a conviction, a formal risk assessment must be conducted before making an employment decision:

The Registered Manager and HR team will conduct the assessment.
The applicant may be asked to provide additional information, references, or evidence of rehabilitation.
If required, we may consult with external safeguarding professionals or legal advisors.
The assessment will determine whether reasonable safeguards can be implemented to mitigate risks, such as additional supervision or restricted duties.

5.4 Decision-Making

If the risk assessment deems the applicant suitable, they may be offered employment with any necessary safeguarding measures in place.
If the risk assessment determines that employment poses an unacceptable risk to vulnerable individuals, the application will be declined.
All decisions will be clearly documented, ensuring fairness, compliance, and transparency.

6. Employment of Staff with Previous Convictions

6.1 Ongoing Monitoring

Regular DBS updates may be required, particularly for staff in key positions.
Staff must report any new convictions or police investigations immediately.
If an existing employee is convicted of an offence, a risk review meeting will be conducted to assess whether they can continue working safely.

6.2 Confidentiality and Data Protection

All disclosed convictions and risk assessments will be handled confidentially and stored securely in line with GDPR and the Data Protection Act 2018.
Information will only be shared with authorised personnel on a need-to-know basis.

6.3 Supporting Ex-Offenders in the Workplace

We recognise the value of rehabilitation and employment opportunities for ex-offenders.
Where appropriate, we provide mentoring, additional supervision, or training to support staff with past convictions.
Employees will be treated fairly and without discrimination, provided they can carry out their role safely and effectively.

7. Non-Compliance and Disciplinary Action

Failure to disclose relevant convictions may result in disciplinary action, up to and including dismissal.
Any attempt to deceive or falsify information during recruitment may result in a referral to the DBS and regulatory authorities.
Employees found to be in breach of safeguarding requirements will be removed from regulated activity and reported to relevant authorities.

8. Monitoring and Quality Assurance

Recruitment decisions involving ex-offenders will be audited quarterly to ensure fairness and compliance.
Staff responsible for recruitment must receive ongoing training on safer recruitment practices.
The effectiveness of this policy will be reviewed annually, with updates made in line with CQC, DBS, and legal guidance.

9. Complaints and Appeals

Applicants or employees who believe they have been treated unfairly can appeal decisions through the HR complaints process.
Complaints regarding unlawful discrimination can be escalated in line with our Equality, Diversity, and Inclusion Policy.

10. Policy Review

This policy will be reviewed annually or sooner if required due to:

Changes in CQC regulations or DBS policies.
Legal updates regarding the employment of ex-offenders.
Feedback from staff, individuals receiving support, or regulatory bodies.

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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