Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (as amended in 2013)
At Brinscall Care, we actively promote equality of opportunity and welcome applications from people with the right mix of talent, skills and potential – including those who may have a criminal record. All candidates are selected for interview based on their skills, qualifications and experience.
Under current legislation in England and Wales, some old and minor cautions or convictions are classed as ‘protected’and do not need to be disclosed. These will not be taken into account when making recruitment decisions. However:
Cautions and convictions for certain serious violent, sexual, or other offences relevant to safeguarding children must always be disclosed.
All convictions resulting in a custodial sentence (including suspended sentences) must always be disclosed.
If an individual has more than one conviction, none will be classed as protected.
Guidance on which offences are protected (and therefore do not need to be disclosed) can be found here:
DBS-filtering-guidance
Disclosure and barring information
What this means for you
If you are offered employment, you will be required to complete an enhanced criminal record check through the Disclosure and Barring Service (DBS) before your appointment is confirmed. You must declare any convictions, cautions, reprimands, or final warnings that are not protected under the Act.
A criminal record will not automatically prevent you from working with us. We will consider:
- The nature of the offence(s)
- How long ago it occurred
- Its relevance to the role applied for
- Any other information you provide
Unless prohibited by law (for example, under the Protection of Children Act 1999), we will assess all information fairly.
Process
Since DBS certificates are now only sent to the applicant, we may ask you to show your copy to us so we can review any relevant information.
You will have the opportunity to discuss any details before a decision is made.
Failure to disclose any required (unfiltered) information may result in withdrawal of an offer or disciplinary action, including dismissal.
Confidentiality
Any disclosure form will only be reviewed after shortlisting.
If you are successful, the form will be stored confidentially on your personnel file.
If you are unsuccessful, the form will be securely destroyed after six months, in line with our data protection policy.
Important: It is illegal for a person barred from working with children by the DBS to apply for any position within Brinscall Care.