The rehabilitation of offenders act 1974 (exceptions) order 1975 (as amended in 2013)
We actively promote the equality of opportunity for all with the right mix of talent, skills and potential, and welcomes applications from a wide range of candidates, including those with criminal records. Brinscall Care selects all candidates for interview based on their skills, qualifications and experience. Legislation now in force in England and Wales, allows certain old and minor cautions and convictions to no longer be subject to disclosure, however, cautions and convictions for specified serious violent and sexual offences, and other specified offences of relevance for posts concerned with safeguarding children, like those within our homes, still remain subject to disclosure. In addition, all convictions resulting in a custodial sentence, whether or not suspended, will remain subject to disclosure as will all convictions where an individual has more than one conviction recorded.The amendments to the Exceptions Order 1975 (2013) provide that certain spent convictions and cautions are 'protected' and are not subject to disclosure to employers, and therefore cannot be taken into account when making decisions. If you are unsure what should or should no longer be disclosed, then guidance and criteria on the filtering of these cautions and convictions can be found on the following website:
https://www.gov.uk/government/publications/dbs-filtering-guidanceor by accessing the Unlock website resources: http://hub.unlock.org.uk/section/about-criminal-records/disclosure-and- barring-service
All applicants who are offered employment will be subject to an enhanced criminal record check from the Disclosure and Barring Service before the appointment is confirmed. You are therefore required to declare any convictions, cautions, reprimands or final warnings that are not "protected" as defined by the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (as amended in 2013). Information declared will be used only to consider suitability for the post in question and will not be used as the sole criteria to decide your fitness for the post. Unless an appointment is prohibited by law (under the terms of the Protection of Children Act 1999 (as amended by the Criminal Justice and Court Services Act 2000), a criminal record will not automatically debar you from being considered for employment. Changes to the way the DBS deals with disclosures means that certificates are now only sent to you, no longer the employer, so we may ask you to bring your copy for us to view any cautions, convictions, reprimands or final warnings that it may contain in order for us to be able to make an informed decision. Furthermore, applicants will be given an opportunity to discuss any details supplied before any decision is taken regarding their appointment. In reaching such a decision, Brinscall care will consider the nature of the record/action, the length of time since the offence(s), its relevance to the position applied for, and any other information provided.You should note that failure to bring any unfiltered conviction to our attention, either on this form or at subsequent interview, may lead to withdrawal of the job offer or disciplinary action, including summary dismissal where appropriate.The form will only be read after successfully clearing short listing. All information in the form will be treated in the strictest confidence. However, it will be available to the relevant Manager and Officers of Regulatory bodies as required. If you are offered an appointment, the completed form will be retained as part of your confidential Personnel File. If your application is unsuccessful, it will be kept for six months, along with your application form, after which time both documents will be destroyed in accordance with data protection procedures. Please note that it is illegal for a person who is barred from working with children by the DBS, to apply for any position within Brinsall care