Community Therapeutic Services is committed to the fair treatment of its staff, potential staff or users of its services, regardless of race, gender, religion, sexual orientation, responsibilities for dependants, age, physical/mental disability or offending background.
We recognise the valuable contribution that people with convictions can make to our organisation as employees or volunteers and we welcome applications from them. We understand that obtaining gainful employment enables people who have put their criminal past behind them to become productive, financially independent members of society.
We do not ask applicants questions about previous cautions or convictions at the initial application stage to ensure that we comply with data protection requirements under GDPR/DPA 2018, and consider applicants, first and foremost on the grounds of their skills, qualifications, experience and ability to do the job.
We will only ask those applicants who have been selected for interview to complete a criminal record self-declaration form or provide a written disclosure statement to give them the opportunity to provide sufficient information. At interview, or in a separate confidential discussion, we will ensure that an open and measured discussion takes place on the subject of any offences that might be relevant to the position.
We also ensure that all those in Community Therapeutic Services who are involved in the recruitment process have received appropriate guidance and training in the relevant legislation relating to the employment of people with convictions, and suitably trained to identify and assess the relevance and circumstances of offences.
We comply fully with the Disclosure and Barring Service (DBS) code-of-practice and undertake to treat all applicants fairly. All information disclosed will be treated in the strictest confidence; suitable applicants will not be refused posts because of offences which are not relevant to, and do not place them at or make them a risk in, the role for which they are applying.
All cases will be examined on an individual basis and will take the following into consideration:
In line with the Code of Practice requirements, we will notify all potential applicants of the potential effect of a criminal record history on the recruitment and selection process and any recruitment decision; and ensure that we discuss any matter revealed through a disclosure with the individual – before withdrawing an offer of employment.
Applying for roles that are covered by the Rehabilitation of Offenders Act 1974 (ROA)
If the role applied for is covered by the rehabilitation-offenders-act 1974 (ROA) we will require applicants to disclose any ‘unspent’ convictions and conditional cautions. We will make it clear in any job advert, recruitment brief and application form if a basic criminal record check will be requested from the DBS – upon conditional job offer.
Further information about which roles are covered by the Act and when a caution or conviction becomes ‘spent’ can be obtained from social justice charity Nacro ’s website www.nacro.org.uk.
Applying for roles that are ‘exempt’ from the Rehabilitation of Offenders Act 1974
If the role applied for is included in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 as amended (ROA Exceptions Order) – and where appropriate Police Act Regulations as amended – we will require applicants to complete a confidential declaration in relation to any convictions, cautions, reprimands and final warnings that are not ‘protected’ ( i.e.eligible for filtering* ). Guidance and criteria on the filtering of ‘protected’ cautions and convictions can be found on Nacro’s website www.nacro.org.uk or on DBS website .
We will make it clear in any job advert, recruitment brief and application form that a criminal record check appropriate to the role applied for (i.e. standard, enhanced or enhanced and barred list check) will be requested from the DBS – upon conditional job offer.
Regulated activity roles
Important note: Applicants need to be aware that it is a criminal offence to apply for a post that is subject to an enhanced DBS with barred list check (i.e. children, adults or both) if they have been barred from engaging in regulated activity with the relevant group (i.e. children, adults or both).
We will include a statement in any job advert, recruitment brief or application form making it clear whether the role in question involves engaging in regulated activity with a particular group (i.e. children, adults or both). Further information on regulated activity and DBS barring can be obtained from DBS .
*Following amendments to the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2013 that were implemented on 29 May 2013, certain ‘spent’ convictions, cautions, reprimands and final warnings are now protected (i.e. filtered from standard or enhanced DBS checks) and are therefore not subject to disclosure to employers and cannot be taken into account when determining suitability.
Please note: The filtering rules may be subject to change due to a ruling by the Supreme Court in January 2019. The government is considering the judgment, but in the interim, the DBS must continue to issue standard and enhanced certificates under existing legislation.
Community Therapeutic Services is committed to adhering to the spirit of the Supreme Court judgment ahead of any changes to the criminal record regime. We will ensure that we continue to make balanced and fair decisions; and minimise any negative effect that criminal record disclosure on people with convictions abilities to obtain employment at Community Therapeutic Services.
