SPA - Criminal convictions issues in admissions – Good practice statement
Criminal Convictions: Statement for Good Practice - Issues and Recommendations
for admission to higher education courses and programmes
February 2014
Contents
1.
Introduction and Background ................................................................................................... 3
2.
Principles and Legislative Context ........................................................................................... 4
2.1 Applicants to All Courses ....................................................................................................... 4
2.2 Applicants to Courses requiring a Criminal Convictions Disclosure ...................................... 10
3.
Practice and Procedures: All Applicants with Criminal Convictions ........................................ 14
4.
Practice and Procedures – Courses which require a Criminal Convictions Disclosure ........... 20
5.
Practical Arrangements for HEIs in matters relating to Criminal Convictions .......................... 35
Appendix A ................................................................................................................................... 37
a. Duty of Care ........................................................................................................................... 37
b. Responsibilities and Duties to Children and Vulnerable Adults ............................................... 37
c. Useful Links ........................................................................................................................... 38
Appendix B: UCAS question and helptext ..................................................................................... 39
Appendix C: Summary of 2012 DBS Changes in England & Wales .............................................. 43
Appendix D: How spent convictions differ from those filtered out of a DBS check ......................... 47
Appendix E: Sample letter to an applicant indicating a criminal conviction .................................... 49
Appendix F: Sample form to be completed by an applicant with a conviction ................................ 50
Appendix G: Sample form for risk assessing an applicant with a conviction .................................. 51
Appendix H: Guidance for a Criminal Convictions Group.................................................... ........... 54
Appendix I: Professional, Statutory and Regulatory Bodies ............................................................56
Appendix J: Acknowledgements.......................................................................................................58
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SPA - Criminal convictions issues in admissions – Good practice statement
SPA Good Practice Statements
Supporting Professionalism in Admissions Programme (SPA)
SPA is an independent and objective voice on UK higher education (HE) admissions. It leads on
the development of fair admissions, providing an evidence base and recommendations for good
practice and in helping universities and colleges maintain and enhance excellence and
professionalism in admissions, student recruitment and widening participation/access. SPA works
closely with universities, colleges and other stakeholders to provide outputs as a resource for HE
providers which wish to develop and update their admissions practice and policy to enhance
quality, transparency, reputation and fairness. Full information on SPA and its work can be found
at www.spa.ac.uk.
Statements of good practice
This good practice statement has been prepared by SPA in response to requests from HE
providers offering HE courses. Our objective is to provide good practice which has been derived
from the analysis of evidence collected by SPA from discussions with staff on visits to providers, at
conferences, evidence from policy and practice, and from desk based research. There are a
number of SPA good practice statements, which aim to provide a wide range of staff in HE with
principles and examples to consider to enable them to review and update their own policies and
practices. Heads and deputy heads of universities and colleges, senior managers, admissions and
registry staff, student services staff, equality and diversity practitioners and student officers and
representatives may find the statements of value and assistance.
In the UK admissions standards, requirements, procedures, policies and decisions are the
responsibility of each individual HE university or college. This principle was affirmed in the
Schwartz Report on Fair Admissions (2004)1 and is set out in law.
Disclaimer
This good practice statement is for general guidance only, and should not be taken as a list of
obligations or a legal document. SPA emphasises that it does not offer legal advice and cannot
take any responsibility for actions taken based on this information. Universities and colleges must
always take their own legal advice as they see appropriate.
SPA good practice statements are kept under review and updated as appropriate. Your comments
or updates are invited and appreciated; please contact enquiries@spa.ac.uk
Fair admissions to higher education: recommendations for good practice –The Schwartz Report, September 2004
http://www.admissions-review.org.uk/ (accessed 17 December 2013)
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SPA - Criminal convictions issues in admissions – Good practice statement
Criminal Convictions: Statement for Good Practice - Issues and Recommendations
1. Introduction and Background
All universities and colleges seek to admit the widest range of students who may benefit from their
courses, seeing value in a broad range of talents, background and opportunities. They are aware
of their responsibility both to consider the needs of each applicant, ensuring that they can receive
the support they require, and also to protect and support the community within their universities
and colleges. They may also have specific duties in relation to careers or professions which
graduates of their programmes may enter.
This statement of good practice is intended to assist providers in developing their current policies
and procedures and building on their current good practice. It is based on analysis of the policies
of a large number of universities and colleges, desk-based research and the assistance of
colleagues from HE providers, government departments and agencies and other related
organisations. This assistance is gratefully acknowledged (Appendix J).
This Statement includes:
 The background and legislative context involved in the consideration of applicants with
criminal convictions in all parts of the UK;
 The principles involved in the admission of students with criminal convictions in relation to
two groups of applicants:
o All applicants, including why a provider may be interested in the criminal convictions
of applicants applying for any of its courses;
o Applicants to courses not subject to the Rehabilitation of Offenders Act. These are
courses where a university or college may require disclosure of all criminal
conviction and related information. These courses are often ‘professional’ ones and
the requirements or professional, statutory or regulatory bodies (PSRBs) may be
important.
 Suggestions for good practice and practical procedures in relation to both the above
groups.
 Appendices giving sources of further information, more details on some of the legislative
background, and some specific examples of letters and policies which providers may find of
use.
The statement is applicable to all admissions, both direct applications, including part-time and
postgraduate, and admission to undergraduate courses through UCAS.
While we hope that HE providers will find this statement of value and assistance, SPA
emphasises that it does not intend to offer legal advice. The implications of criminal
convictions issues for HE providers are significant and far-reaching and we consider that it
is very important for them to be fully considered at a senior level. HE providers should take
advice from their own legal advisors so that they can satisfy themselves independently that
they are meeting their obligations.
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SPA - Criminal convictions issues in admissions – Good practice statement
2.
Principles and Legislative Context
2.1 Applicants to All Courses
2.1.1 Legal Obligations
HE Providers need to balance their obligations towards their applicants, including
applicants with criminal convictions, with their obligations to their entire student body. They
should keep abreast of any relevant legal developments and ensure that all who need to be
involved in decisions relating to applicants with criminal convictions are aware of the
appropriate legal obligations and any changes in the law.

Duty of care
Most UK HE providers offering HE courses feel that they have a ‘duty of care’ to students,
staff and visitors. HE providers often consider that this duty is both ‘moral’ – their general
responsibility to promote the welfare of their students and staff – and ‘legal’, in the form of a
duty to take appropriate steps to protect students, staff and visitors. In the area of criminal
convictions, many HE providers take the view that this ‘duty of care’ includes ensuring that
they do not admit students who may pose a significant risk to any of these individuals (see
Appendix A, a).

Responsibility to protect children and other vulnerable people
In recent years governments and administrations across the UK have introduced a number
of measures to improve the protection offered to children and adults who may be
vulnerable. Most recently, England and Wales have seen some significant changes to the
operation of these measures in legislation passed in 2012. HE providers are aware of
these measures and will have in place their own policies covering, for example, ‘enhanced
disclosure’ for particular members of staff and for students working with school pupils or
minors, as defined by the relevant UK administration (see Appendix A, b). This may include
where students are on programmes of study that involve direct working with children or
other vulnerable people; scenarios may also arise where students undertake voluntary work
in addition to their course while in attendance at a University or College, and may need
enhanced disclosure to permit them to engage in that voluntary work.
Issues relating to applicants with criminal convictions should normally be considered as part
of each HE provider’s overarching safeguarding policy. As part of this, consideration should
be given to where ultimate responsibility/accountability in such matters lies. For example, in
many institutions this may be with the Vice-Chancellor, Principal, Registrar or other senior
officer. This may not be the same person as the lead counter-signatory in the institution,
and these key relationships and responsibilities should be clearly defined within any
safeguarding policy.

Extremism
UK governments have also made clear their wish that universities and colleges be aware of
issues round extremism and take measures to combat it.2 HE providers understand the
need to take measures in this regard and the UCAS ‘Criminal Convictions’ question now
includes ‘Offences listed in the Terrorism Act 2006’.
For example, ‘Prevent Strategy’, HM Government June 2011, Paragraphs 10.56-10.89 accessed 12 December 2013.
(http://www.homeoffice.gov.uk/publications/counter-terrorism/prevent/prevent-strategy/prevent-strategyreview?view=Binary
2
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SPA - Criminal convictions issues in admissions – Good practice statement

Requirements of professional bodies, regulating organisations and placement
providers
Many higher education courses are closely linked to particular careers. Professional,
Statutory and Regulatory Bodies (PSRBs) frequently have their own strict requirements
concerning the background of students who are expected to proceed to these careers and,
similarly, placement providers often have strict conditions as to the background of students
they will accept (see sections 2.2.3 and 4. A list of relevant PSRBs with links to their
websites is also provided in Appendix I).
2.1.2
Rehabilitation of offenders and ‘spent’ convictions
Balanced against their duty to protect and care for members of their communities,
Universities and colleges must consider the legal rights of their applicants. Human rights
legislation may apply here, but the principal piece of relevant legislation is the Rehabilitation
of Offenders Act 1974, amendments to which, made in 2013, are to be brought into force in
early 2014. HE providers should not be making moral judgements concerning the past
actions of an applicant; the only point of having a process for assessing an applicant’s
criminal convictions is to seek to determine whether:
a. an applicant poses an unacceptable risk to the university or college community; or
b. the applicant is unable to meet the particular professional or statutory requirements that
exist for some courses.
Applicants cannot be required to declare convictions that are ‘spent’ under the
Rehabilitation of Offenders Act 1974 (except in the case of those courses which require
disclosure, dealt with later). From early 2014, only offences resulting in a sentence of more
than four years will never become spent (changed from more than two and a half years),
and the ‘rehabilitation period’ following which other convictions become spent will also be
reduced in some cases. The definition of ‘spent’ is complex, being affected by such factors
as the type of the offence, the age at which the person was found guilty and the sentence
received; HE providers may find useful information about how and when convictions
become spent on the websites provided by Unlock and Nacro.3
The UCAS application (see section 2.1.5.1) requires applicants to declare only “relevant”
criminal convictions, which are limited to those that are both unspent and part of a specific
group of types of offence. However, HE providers should bear in mind that some applicants
may, through confusion or over-zealous scruples, choose to indicate that they have a
criminal conviction where this is in fact already spent, or not covered by the definition of
“relevant”. If this is the case, HE providers should normally expect to ignore non-relevant
and spent convictions that have been declared; it could risk breaching the Rehabilitation of
Offenders Act to take these into consideration when making a decision whether to admit the
applicant. Any HE provider concerned over a specific case, or where it is not clear whether
a declared conviction is either unspent or relevant may wish to seek their own legal advice.
If HE providers are approached by prospective applicants seeking advice on whether their
convictions are spent or relevant, and should be declared, they may wish to direct them
towards Unlock, the charity for people with convictions, who have a helpful information hub
on their website, and also run a telephone helpline. Unlock are able to provide specific
advice in relation to HE applications and criminal convictions.
3
Unlock is a charity which provides information, advice and advocacy for people with convictions. NACRO is a crime
reduction charity which works to help ex-offenders, disadvantaged people and deprived communities. The organisation
was originally established as the ‘National Association for the Care and Resettlement of Offenders’, or ‘NACRO’. Sites
consulted 7 November 2013.
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




Non-collection or non-use of information
Even if an applicant declares in the UCAS application that they have a ‘relevant’ criminal
conviction, some universities and colleges consider that it is not appropriate to investigate
further (except in the case of those courses where disclosure of criminal convictions is
required), feeling that this is outside their competence and unnecessary in connection with
their duty of care. If an HE provider decides that it will not take any further action if the
‘criminal conviction box’ is ticked, it is important that it does so on the basis of legal advice.
2.1.3 Policies and transparency
Universities and colleges should have policies covering applicants with criminal convictions;
where they have courses that require a criminal records disclosure at the point of
admission, they should ideally have both a general policy covering all applicants and a
further policy for those specific courses. These may be either in one document, with a clear
distinction between the two groups, or in separate documents.
The policy on criminal convictions issues may either form part of a general admissions
policy or be a separate document, provided it is easy to find; if separate, it should be linked
to from the general admissions policy.
The policy should be in an appropriate section of the provider’s website and be easily found
by applicants and advisers through the web search facility. Links to the policy should also
be clearly found in places where applicants may be expected to look, such as general
applicant information sections and, for a policy specifically on applicants to courses
requiring disclosure, from relevant specific course information. It should also be referred to
in printed materials. It should be written in clear and simple language, and should ideally
contain contact details for applicants or prospective applicants with queries.
The disclosure bodies for the UK – the Disclosure and Barring Service (DBS), Disclosure
Scotland and Access NI – all require HE providers registered with them to have written
policies on the secure handling of certificate information. These policies must be provided
on request to persons or organisations using your services and it would be appropriate to
ensure that these are also easily available to the public, for example as part of your policy
on applicants with criminal convictions to courses requiring disclosure.4
2.1.4 Non-disclosure of relevant unspent criminal convictions
If it is discovered that the applicant has a ‘relevant’ conviction that is not spent and the box
has not been ticked on their application, the provider will wish to take a view on the
circumstances. It may decide that this is due to an error and can be easily rectified (for
example, where the applicant themselves proactively contacts the university or college to
explain the mistake), or it may consider that the applicant has knowingly withheld this
information in which case it may consider that the applicant has made a ‘fraudulent’
application. If it does consider the application ‘fraudulent’ it will wish to take the matter
forward under its normal anti-fraud procedures (including reporting it to the UCAS
Verification Unit, if it is a UCAS application) and possibly treating it as ‘cancelled’.
An HE provider may receive information on criminal convictions which an applicant has not
declared, from members of the public, family, a school or college, other applicants or
students or even anonymously. Such information must be treated with great caution. Some
HE providers may have specific policies on the receipt of anonymous information, and
4
See https://www.gov.uk/government/publications/handling-of-dbs-certificate-information for DBS advice and code of
practice on the handling of DBS certificate information. The Disclosure Scotland Code of Practice includes rules on the
handling of disclosure information, as does the Access NI Code of Practice.
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SPA - Criminal convictions issues in admissions – Good practice statement
would therefore treat any anonymous information relating to an applicant’s criminal
conviction in accordance with this policy.

If an applicant is accused of having a conviction and it is significant enough to affect a
decision to make an offer or to admit, the provider must seek external verification (some
universities and colleges have been informed by their legal advisers that unless they are
able to verify information from a third party it must not be used – and that use would lay
them open to action from the applicant). If it is found to be correct, the matter should be
raised with the applicant and the provider’s normal procedures should be followed. Of
course, if the conviction brought to the provider’s attention is not ‘relevant’, or is not
considered significant enough to affect admission, the matter would not normally be taken
further.

Providers should ensure that their policy on these issues, and the way in which they deal
with information supplied by a third party, is clearly set out in their Criminal Convictions
Policy.
2.1.5
The question to be asked of applicants and the role of the Information
Commissioner
Institutions may address a question to applicants in their own application systems and in
the case of UCAS applicants, will receive information through the UCAS application.
The questions about criminal convictions in the UCAS application are also used by many
institutions as a basis for their own questions, not least because they have been formulated
following detailed discussions with the UK Information Commissioner to ensure that they
are legal and appropriate.
All matters to do with data on an individual are subject to the UK-wide Data Protection Act
1998 and have to comply with the various principles and conditions set out in that Act and
subsequent instruments. Ensuring that the Act and its provisions are followed is the
responsibility of the UK Information Commissioner (http://www.ico.gov.uk/ ).
The UK Information Commissioner has taken a keen interest in the criminal convictions
question on the UCAS application and its current form of words is the result of very long
and intense discussion between the Commissioner and UCAS.5 One reason why the
Commissioner limited the scope of the criminal convictions question to the most serious
offences was because there was no consistency in HE providers’ procedures, or the view
they took of the seriousness of different offences, or what they considered relevant. If the
Commissioner is confident that the information is dealt with in a consistent and appropriate
manner it is more likely that any changes to the wording, including the offences which can
be included in the question, will be considered more favourably. If this statement of good
practice is found to be helpful and is then used consistently by universities and colleges,
The Commissioner’s Annual Report and Accounts for the year ending 31 March 2004 provides an account of this issue:
‘All applicants for a place on an undergraduate course had to complete a form which contained a standard question
asking for previous criminal convictions to be declared. No clear explanation was given of why this information was
required or how it would be used. As a result of negotiations which followed preliminary enforcement action, UCAS
agreed to change the application form to limit and specify the type of conviction information that has to be declared. The
information required will be limited to convictions indicative of a significant risk to fellow students. In addition, an
explanation of how the information will be used will now be provided to applicants’
5
UK Information Commissioner Annual Report and Accounts for the year ending 31 March 2004, p.24
http://www.archive2.official-documents.co.uk/reps/ic/05-dataprotection98.html (accessed 17 December 2013)
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SPA - Criminal convictions issues in admissions – Good practice statement
this may help UCAS, other stakeholders and HE providers in discussions with the
Commissioner’s office.
2.1.5.1 The question on the UCAS Application and the Help Text
The purpose of the question in UCAS Apply is to seek information from applicants on
any relevant criminal convictions. An applicant is not required in this section to provide
information connected with enhanced disclosure requirements; they are advised that this
question will be asked separately when they ‘choose a relevant course’. (See section
4.1.1 for more details). The full text of the UCAS criminal convictions question and help
text for 2014 are provided in Appendix B).
Whether the Question must be answered
Applicants are asked to tick the box ‘only if you have a relevant criminal conviction that is
not spent’.
It is not a ‘yes/no’ question. The question must be answered and the box ticked by any
applicant who has a relevant criminal conviction that is not spent. If they don’t have an
unspent relevant conviction, they do not answer the question.
The UK Information Commissioner was keen to ensure that there was no element of
‘duress’ in the completion of the question and the structure of the question follows from
this requirement.
If the box is ticked it is possible and reasonable to make further enquiries of the
applicant. Note that no detail about the criminal conviction is asked for in the UCAS
application.
Help text
While the help text is comprehensive, some applicants may not read it and may
therefore tick the box in error (e.g. because they have a criminal conviction that is not in
fact covered by the definition of “relevant”. HEIs should be mindful of this possibility
when dealing with applicants who have ticked this box.
The help text explains:
 Why the question is asked
 What ‘spent’ means and details of the Rehabilitation of Offenders Act 1974
 What is a ‘relevant’ criminal conviction
This section both identifies the type of offence (including ‘convictions, cautions,
admonitions, reprimands, final warnings, bind over orders or similar’) and also gives
a comprehensive list of the specific offences.
 What action the university or college will take.
This is very important as it assures the applicant that universities and colleges will
not ‘automatically exclude’ applicants if they tick the box. This was a major concern
of the UK Information Commissioner and it was only in response to very clear
assurances that ‘automatic exclusion’ did not take place that the question was
permitted at all.
 That the applicant must inform the university or college if they are convicted of a
relevant offence after they have applied.
HE providers may wish to include a reminder to applicants in registration documents, or
in information sent from departments and faculties, that they wish to be informed of this.
2.1.5.2 Applications direct to the university or college
Universities and colleges should carefully consider what information they require and, if
necessary, consult their legal advisers. Many providers may choose to replicate the
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SPA - Criminal convictions issues in admissions – Good practice statement
wording used by UCAS in the question they ask of their direct applicants, although of
course this is not obligatory. Whatever wording providers decide to use, they should bear
in mind that it is not acceptable to ask applicants to declare spent criminal convictions,
except for applications to courses exempt from the Rehabilitation of Offenders Act.
While the details of individual questions may differ according to the HE provider’s
requirements, the basic ‘transparency’ principle of explaining clearly what data is
required, why it is required and giving its context is important and should be observed in
all cases.
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SPA - Criminal convictions issues in admissions – Good practice statement
2.2
Applicants to courses requiring a Criminal Convictions Disclosure
2.2.1 Background
Universities and Colleges may ask for information on criminal convictions, in addition to
their general duty of care, in connection with ‘fitness to practise’ in a professional context:
this is for courses that require a criminal convictions disclosure from the relevant agency for
that country – the Disclosure and Barring Service in England and Wales (DBS), Access NI
in Northern Ireland and Disclosure Scotland (DS) – at the point of admission to the course.
This is almost always because the course is closely linked to a particular profession. Such
courses, like the professions to which they lead, are exempt from the Rehabilitation of
Offenders Act because they involve close working with either children or vulnerable adults.
As such, not only may an enhanced disclosure be required at the point of admission to the
course, it is also legitimate for the HE Provider to ask applicants questions about any
criminal convictions that would display on that enhanced disclosure, including convictions
which are spent. Note that from May 2013 in England and Wales, however, a sub-category
of spent convictions/cautions that are minor and more than a certain number of years old,
will be filtered out of enhanced DBS disclosures, and may not therefore be asked about;
see section 4.1.3 for more details.
Those activities and positions for which convictions (other than those that will be filtered
out) must always be declared, even if they would otherwise be ‘spent’, include:
 those whose duties involve training, caring for, or supervising children and vulnerable
adults
 certain professions in areas such as medicine, dentistry, health, pharmacy, social care,
education, law and some positions in banking and finance
These requirements can affect admission to courses in areas such as early childhood
studies, teaching, social work, medicine, nursing, pharmacy and some law courses. This
may relate to one or both of the following issues:
 the course may be so closely allied with a particular profession that passing the course
may, in effect, be a licence to practise in that profession;
 the course may require placements which means that the student is, in effect, working
in these areas very soon after the course has commenced (for example, clinical
experience in medicine or classroom experience in teaching).
It is very important to note that a decision by the DBS, AccessNI or Disclosure
Scotland that an applicant may undertake certain work does not mean that the
university or college must admit them. All that one of these organisations is saying
is that they have no objection to an applicant working in a particular area and, by
extension, being admitted to a particular course. It is always the responsibility of the
university or college to make its own decision on admission after applying its own
criteria.
2.2.2 Eligibility for Disclosure and Types of Check
Note that only courses/professions involving the individual in particular work or activity, as
defined in legislation, are eligible to require disclosures from the DBS, Disclosure Scotland
or AccessNI. No employer or HE Provider can simply decide that it wants to ask for a
criminal records check on its employees or students in other cases.
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SPA - Criminal convictions issues in admissions – Good practice statement
There are four types of criminal check available in England and Wales: Basic, Standard,
Enhanced and Enhanced with a Barred List Check. In Northern Ireland, the Enhanced
disclosure also contains barred list information. Enhanced disclosure including a barred list
check is the highest level of disclosure, and will reveal whether the individual has been
barred from regulated activity as well as criminal convictions information. To be eligible for
this level of check, the individual must be engaging in “regulated activity” with children or
adults as defined in the legislation. In practice, this is likely to include many courses in the
fields of health, social care and education, but each HE Provider must be absolutely
confident that the course (or its placements) involve the individual in the appropriate type of
regulated activity before requiring an Enhanced disclosure with barred list check. Further
information can be found on the DBS website and the Access NI website. The Departments
of Health and Education have also produced guides on, respectively, regulated activity with
adults and with children.
In Scotland, PVG Scheme membership along with enhanced disclosure will supply
information on whether the individual is barred from particular activity. This is suitable for
courses where the individual is involved in regulated work, and a self-assessment tool to
help determine what counts as regulated work is provided on the Disclosure Scotland
website.
2.2.3
Professional, statutory and regulatory bodies (PSRBs) and organisations,
and placements
Professions that are subject to enhanced criminal records disclosures are usually governed
by PSRBs, and individuals will have to be approved and often licensed by those bodies in
order to be allowed to practise those professions. It is possible that, although an HE
provider considers it acceptable to admit an applicant to the university or college and to a
specific course, the relevant PSRB or organisation (e.g. the General Medical Council), a
company acting on their behalf, or companies or organisations which are providing
placements, may have their own views and consider that particular offences are
unacceptable.
In the case of PSRBs it is possible that even where a university or college is willing to admit
an applicant with a particular criminal conviction to a course, and the student successfully
completes the course, they will be unable to practise, or to take up a related profession (for
example, the General Medical Council will not register a student deemed unfit to practise
even if s/he has a primary medical qualification). In the case of placements, although a
university or college might consider that a particular offence does not bar someone from
admission, a placement provider might decide not to accept the student for a placement. If
the placement is an integral part of the course, and alternatives are not available, it may not
then be possible for the student to complete the course.
If a university or college is willing to accept a student with a certain conviction, but that
student will be unlikely to be able to practise the relevant professional occupation at the end
of the course, or may be unable to complete the course because of the inaccessibility to
them of compulsory placements, the university or college should consider whether it is in
the applicant’s interests to be admitted to the course; it may be deemed inappropriate to
continue with an offer of admission where this is the case. Some HE providers may wish to
consider whether there are alternative courses that the applicant could be offered. At the
very least, the applicant should be clearly informed in writing as early as possible of the
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expected limitations on the outcome should they enter the course, so that they are not
under any misapprehensions.
Transparency
It is important that these issues – including any relevant requirements of PSRBs – are
made clear to potential and actual applicants in all the HE provider’s publicity and
recruitment materials. This can also assist HE providers in making it clear to enquirers,
applicants and their advisors and families that these matters are not entirely within the HE
provider’s discretion.
Some professional and statutory bodies and organisations have codes of practice,
information for potential practitioners and guidance for applicants on their websites. These
can be of great assistance to enquirers and potential applicants, and universities and
colleges should consider linking to these from their own sites, particularly at course or
programme level. More details of these are provided in Appendix I.
Relations with professional bodies and organisations and with placement providers
Staff in departments, schools and faculties are expert practitioners in their fields and are
likely to be closely involved with, and influential in, their professional bodies and
organisations and in statutory and regulatory bodies. In the same way, staff in
departments, schools and faculties are likely to be in close contact with placement
providers.
Staff should be encouraged and assisted to maintain these close links both to ensure that
HE providers, staff and applicants are as clear as possible about the requirements of
PSRBs and of placement provides but also so that the PSRBs and providers keep under
review both their requirements and their practical operation.
2.2.4
Official Disclosure Organisations
England and Wales – Disclosure and Barring Service (DBS)
This organisation was formed from the amalgamation of the Criminal Records Bureau and
Independent Safeguarding Authority in 2012, meaning that CRB and ISA terminology is
now obsolete. The Safeguarding Vulnerable Groups Act 2006 set out a framework for the
protection of vulnerable adults and children. In 2010 the Government instituted a review of
the proposed procedures under the act, and the Protection of Freedoms Act 2012 is now in
force, which has created the Disclosure and Barring Service and made various alterations
to the framework for the protection of vulnerable adults and children.
Changes to the criminal records disclosure process in England and Wales are detailed in
Appendix C and can be summarised as follows:
 the setting up of the Disclosure and Barring Service (DBS) in England and Wales;
 a procedure for updating certificates on a continuous basis, provided that applicants
choose to subscribe to this, known as the Update Service;
 a change to the definition of regulated activity, meaning that fewer individuals are now
required to have an enhanced DBS check. Note that this is unlikely to affect students
on most professional degree courses in the UK who will still need to be checked,
although it could affect some students on placements, for example those who do not
undertake any regular unsupervised activity with children or vulnerable adults;
 the ending of the practice of sending copies of criminal records disclosures to the
employer / registered body; they are now sent only to the individual applicant;
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SPA - Criminal convictions issues in admissions – Good practice statement

the introduction of filtering, by which certain convictions and cautions over a certain
number of years old and which did not result in a custodial sentence will no longer
appear on an enhanced DBS disclosure.
Northern Ireland – Access Northern Ireland (AccessNI)
Matters in Northern Ireland are dealt with by Access Northern Ireland, in a similar manner to
those in England and Wales. In Northern Ireland, a change to the definition of regulated
activity was also introduced in 2012, along similar lines to the changes in England and
Wales. The other changes to the system in England detailed above do not apply to
Northern Ireland at the time of publication, but further changes to bring the AccessNI
system into line with the new DBS regime in England and Wales are planned to be rolled
out during 2014-156, as follows:
 Some old and minor convictions, where there is only one conviction in total, will be
filtered out of criminal records disclosures from Spring 2014, and employers will not
be able to ask individuals to declare criminal convictions that would be filtered;
 A service to allow disclosures to be portable will be available, at an extra fee, from
Spring 2015;
 The ending of the practice of providing a copy of the disclosure to the employer /
registered body from Spring 2015.
Scotland – Disclosure Scotland (DS)
Disclosure Scotland operates the Protection of Vulnerable Groups (PVG) scheme, as well
as arranging criminal records disclosures. This is a system of scheme membership. In
order for a university or college to be assured that an applicant meets the requirements of a
particular course, they will either need to see their Scheme Record (and so require the
individual to join the Scheme) or request a Scheme Record Update (if the applicant is
already a member of the Scheme and already has a copy of their Scheme Record).
The Scheme Member will be enrolled in the Scheme in respect of work with children,
vulnerable adults, or both.
Once the ‘registration’ has taken place, or ‘list membership’ has been awarded, a
monitoring process will continue and the bodies which are authorised to receive the
information will continue to be informed of significant developments. This means that the
scheme membership is fully portable.
As fuller details of these forthcoming changes become available, they will be highlighted on AccessNI’s website at
http://www.dojni.gov.uk/index/accessni/accessni-latest-news.htm. Information seminars explaining the changes are also
planned to be provided by AccessNI.
13
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SPA - Criminal convictions issues in admissions – Good practice statement
3. Practice and Procedures: All Applicants with Criminal Convictions
The following section considers possible procedures and good practice in relation to
applicants for all courses who may have a criminal conviction; much of it is especially
relevant to courses that do not require a formal enhanced disclosure; applicants to those
courses are considered in detail in section 4.
3.1
1.
2.
3.
4.
5.
6.
Considering an application
The following is an example of good practice which may be followed in those cases where
an applicant has indicated that they have a ‘relevant’ criminal conviction. A suggested
procedure in the form of a flowchart is found at the end of this paragraph.
A response to a criminal convictions question will first be identified when the
application is received by the institution. In the case of a UCAS application a ticked
‘criminal convictions box’ will be identified either in the UCAS paper or digital
application (or weblink), or in the HE provider’s own admissions record system.7
The application is first considered by the person responsible for making a decision on
an application according to the normal stated entrance requirements.
If the application is unsuccessful, no further action is taken in connection with the
criminal convictions issue and the decision is processed in the usual way.
If it is decided to make an offer according to the normal stated entrance requirements,
the application is passed to a designated officer (often the Head of the appropriate
Admissions Office) before the offer is processed. They are responsible for contacting
the applicant to seek further information on the offence. Many HE providers find a
standard template useful for this request, and may also wish to include a deadline for
the receipt of the required information (see Appendices E and F).
In many cases providers will find that the ‘Criminal Convictions’ question has been
ticked in error and that the applicant does not, in fact, have a ‘relevant conviction’. If
this is the case, it may be good practice both to seek the applicant’s assurance of this
in writing/by email, for audit trail purposes, and make an appropriate note or
emendation on the student record system for this application. The application can
then be processed normally and the offer can be made.
If the reply from the applicant reveals that she or he has a relevant criminal
conviction, the procedure will often be as follows:
a. The officer has discretion to make a decision on minor8 offences and permit the
offer to be made. If this is the case, and they decide to make an offer, the offer
can be processed in the normal way.
b. If the case seems too serious, ambiguous or complex for the officer to be able to
make a decision, details of the offence are passed to a group designated for this
purpose. This may be done either by email, for members of the group to consider,
or by convening a meeting of this group. If email is used, appropriate security/data
protection should be borne in mind, as there is a legal obligation to the applicant
not to share this information with anyone other than those who need to be involved
in the decision-making.
7
If developing an in-house system for paperless admissions, Admissions Offices should ensure that the criminal
convictions check-box is displayed in an appropriate place where it can easily be checked.
8 Some HE providers have found it helpful to define ‘minor’ for this purpose as being a conviction which did not carry a
custodial sentence. However, there may be cases where other criteria make it appropriate for the case to be referred on
to the next stage.
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SPA - Criminal convictions issues in admissions – Good practice statement
7.
Where a case is sufficiently serious or complex to need referring to a group, many HE
providers consider it appropriate to contact the applicant again and advise them what
procedure is being followed for their application. It would be appropriate at this stage
to send them informative documentation, such as a copy of the policy under which
they are being dealt with, and information about timescales, any rights of appeal etc.
At the same time, depending on the nature of the offence, it may also be appropriate
to ask the applicant for further details which will aid the decision-making process, or
to request the name of their probation officer and their permission to liaise with the
probation officer about the case. Note that written permission should always be
sought from the applicant before any third party, including the probation officer, is
contacted. Where such further information is felt to be helpful, this should be acquired
and circulated to the group before it meets and/or makes a decision. The information
that may be sought may depend on the individual case, but many HE Providers have
found the pre-sentencing report to be an especially useful piece of information in
cases of serious convictions. An assessment by the court or probation officer of the
likely risk of the individual’s reoffending may also be available.
8.
The matter is now dealt with by the criminal convictions group at the university or
college. Composition of this group varies, but will often include:
One or more senior academic or administrative officers of the university or college
such as a Pro-Vice-Chancellor, Vice-Principal, Academic Registrar, or their
nominated representative;
The Head of the Admissions Office (to advise the Group);
An experienced member of the university or college’s academic staff. Practice
varies on whether this individual will be from the academic area to which the
applicant has applied, although many providers find it useful to involve someone
who has knowledge of the course and its requirements. Where the course is one
with professional requirements, it would usually be appropriate to involve an
academic from that same area because of the specialist knowledge required to help
make a judgment. However, some HE Providers will choose to involve an academic
from a Department that is not that to which the individual has applied, to ensure
impartiality;
Senior colleagues responsible for security and wellbeing on university or college
premises, which may include the Heads of Security, Student Services,
Accommodation etc;
Where the course is one requiring a criminal records disclosure because of the
professional requirements of the course, it will sometimes be appropriate to include
external representatives (e.g. of the relevant professional body) on the group. In this
case, consideration may need to be given to which members of the group should
have the greatest degree of influence on the outcome – those internal to the
university/college or the external professional – especially should there be a
difference of opinion. This will vary depending on the requirements of the situation
and the particular profession concerned.





The function of this group is to assess whether the applicant poses an unacceptable
risk; they are there to take a ‘reasonable’ view of the risk the applicant would pose to
the university or college, its members and visitors. Expert knowledge is not normally
required, but could be sought to advise the group, if helpful.
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SPA - Criminal convictions issues in admissions – Good practice statement
9.
10.
11.
In some HE providers a formal Risk Assessment Form is completed (see Appendix G)
in order to assist the Group. A sample guidance note for such a group in considering
cases is set out in Appendix H.
The Group may make a number of decisions.
a. To permit an offer to be made with no further conditions. In this case the offer is
transmitted in the normal way.
b. To permit an offer to be made but with particular ‘provisos’, for example
concerning accommodation or support for the applicant. Where provisos are put
on the offer in this way, the offer will be processed but in addition the Head of
Admissions will contact the applicant to outline the other arrangements. It may be
suitable to seek legal advice to ensure that the arrangements are put to the
applicant in such a way as to ensure that the provider will be able to enforce
compliance with them.
c. In cases where this is a professional course requiring a criminal convictions
disclosure, a decision may be made that the group are prepared to admit the
applicant to the HE provider, but only to another course e.g. that does not require
disclosure, because they consider that the individual will not be able to practise the
profession related to the course applied for (see paragraph 4.3.6, below).
d. To require further information about the case from either the applicant or other
sources (such as the Probation Officer). In some cases it may even be thought
desirable to invite the individual to appear in front of the panel to put their case,
although this is most likely to be sought necessary only in cases where fitness to
practise a particular profession is involved, and the decision seems very finely
balanced. In this case, the Head of Admissions will normally take forward the
request for further information on behalf of the Group; depending on the nature of
the situation the group may then reconvene to discuss the further evidence.
e. To reject the applicant. In this case the Head of Admissions will contact the
applicant to inform her or him of the decision and the decision will be transmitted in
the normal way.
Staff in the relevant academic unit or course to which the applicant had applied
should be informed whether or not an offer has been made on a ‘need to know’ basis
only.
Appeal against a decision
Applicants who are advised that they will not be offered a place, or who will be offered
a place only under stringent conditions, may wish to appeal against the decision.
Practice on appeals varies between providers, and it is therefore crucial that the
applicant is informed, at the very start of the process, what right of appeal, if any, will
be open to them after a decision has been made. The procedure for submitting an
appeal should also be clearly laid out. Appeals may be of two kinds:
 Appeals on the grounds of incorrect procedures (these will usually follow a
university or college’s normal appeals procedure);
 Appeals against a decision itself.
Some providers will only allow the former, whereas others will allow both. There
should be a clear, written procedure for handling an appeal. The person appealed to
should not be connected with the original decision or with the consideration of the
Criminal Convictions Group. It would most commonly be a senior member of the
university or college’s academic or administrative staff, such as a pro-ViceChancellor, Registrar, Secretary or similar. Some providers convene a panel or group
to handle appeals; this is most appropriate where the initial decision has not been
made by a group, but by a single individual, e.g. within the Admissions Office.
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SPA - Criminal convictions issues in admissions – Good practice statement
Applicants who have indicated they have a relevant criminal conviction and are applying for a
course for which enhanced disclosure is not required
Applications received by institution and
considered according to established procedures
Is it intended
to make an
offer?
Transmit “reject” decision in
usual way (e.g. through
UCAS)
No
Yes
Has the applicant
indicated a relevant
conviction?
No
Transmit offer in usual
way (e.g. through UCAS)
Yes
Designated officer in
admissions office contacts
applicant for information,
which is received
Make appropriate notes for
audit trail, and make offer in
usual way (e.g. through UCAS)
Yes
Was the conviction
indicated in error?
No
Is the conviction
considered serious or are
there complex issues?
Yes
Contact applicant and/or probation
officer (with permission) for further
info; inform applicant of procedure
being used
No
Application and further
information considered by
Criminal Convictions Group
‘Reject’
decision
Transmit offer in usual
way (e.g. through UCAS)
‘Accept’
decision
Transmit offer in usual
way (e.g. through UCAS)
‘Accept with
conditions’ decision
Advise applicant of
decision and transmit
reject in usual way (e.g.
through UCAS)
Advise applicant of decision
and conditions; if required,
advise support or accom.
staff; transmit offer in usual
way (e.g. through UCAS)
Appeals
Procedure, if
appropriate
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SPA - Criminal convictions issues in admissions – Good practice statement
3.2
If it is decided to make an offer of admission to a student with a criminal
conviction
It is very important in all cases where criminal convictions information about an applicant
has been made known to the admissions office and other appropriate members of the
university or college, that proper regard is paid to Data Protection requirements at all
stages of the process. Sensitive information must only be kept when there is a reason for
doing so, must be securely handled and stored, and must only be shared with, or made
accessible to, those who genuinely need to know the information.
If the offer is declined
If an applicant declines an offer of admission the records relating to convictions should be
destroyed in accordance with the provider’s data protection policy.
If the offer is accepted and once the applicant is admitted
Universities and colleges must ensure that information regarding the past offences of an
applicant admitted to the HE provider remains confidential. It is most likely that once the
initial decision to permit an offer is made, the applicant will be treated in an identical
manner to all other applicants.
However, in a limited number of cases, after careful consideration, the university or college
may decide that there are departments, services or individuals within the provider which
have an important interest in this information on a ‘need to know’ basis, possibly to offer
support to the applicant or protection to other members of the university or college
community, perhaps as identified in a risk assessment undertaken by the panel who made
the decision to admit. In the rare cases where this is necessary the following may be
informed:
 Academic or administrative staff who will have close personal contact with the student
(for example, in one-to-one meetings or tutorials)
 Accommodation Office (see separate section)
 Head of Security
 Head of Student Services (who will in particular consider the support needs of the
applicant)
Those receiving the information should receive guidance, and appropriate briefing and
training, on what action they should take as a result. The applicant should be informed if
information concerning them will be passed on in this way and to whom it has been passed.
It is suggested that there should be a named officer or member of staff within the university
or college (perhaps the Head of Student Services or Academic Registrar) who is
responsible for the coordination of these matters, including the secure storage of records
relating to the student.
3.3
Accommodation
Admissions staff will be aware that residential accommodation may pose a particular
challenge in connection with criminal convictions and a distinction is made in some
universities and colleges between admission to the university or college and admission to
the university or college’s residential accommodation. Of course, issues connected with
accommodation are of particular relevance to those HE providers which are entirely
residential, at least in the student’s first year.
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SPA - Criminal convictions issues in admissions – Good practice statement
Some HE providers do not make a distinction between admitting the student to the course
and allowing them to enter their own accommodation, feeling that if a student is too highrisk for their residential accommodation, they are too high-risk to have on the course. This
clearly is a decision for individual providers to take, but others take the view that there may
be cases where being in residential accommodation may pose a specific risk, depending on
the nature of the offence, and because of the specific nature of that residential
environment, which is not posed if the student attends the course in a non-residential
capacity.
In connection with accommodation possible courses of action might include:
 The university or college considers that the applicant’s criminal convictions are not
relevant when considering accommodation, because the applicant does not pose an
unacceptable risk, so they may enter the university or college and apply for
accommodation;
 The student is admitted to the university or college but is not permitted to live in the
university or college’s residential accommodation;
 The student is admitted to the university or college and is permitted to live in the
university or college’s residential accommodation only under special arrangements or
with particular requirements.
Whatever course of action the provider decides to take, universities and colleges should, if
possible, share information on applicants with criminal convictions only with those
appropriate staff in the Accommodation Office who genuinely need to know it. If other
residents and their families become aware of the past offender’s background,
Accommodation Office staff will be ‘in the front line’ and will need to deal with the issue.
Also, if the student is to be offered accommodation, they can make sure it is appropriate,
with suitable support and supervision if needed.
3.4
Annual re-registering of students
At many universities and colleges all students (not just those who have been admitted
following consideration of a criminal conviction) are expected to advise the university or
college if they commit certain types of offence. It would seem appropriate that all students
should be reminded of these requirements during the annual re-registration process and, if
this does not currently take place, admissions staff will wish to discuss this with colleagues
in the responsible departments or areas.
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SPA - Criminal convictions issues in admissions – Good practice statement
4. Practice and Procedures – Courses which require a Criminal Convictions Disclosure
4.1
Identifying applicants with criminal convictions
Where a course requires a criminal records disclosure at the point of admission, that
disclosure will of course reveal any convictions or cautions that the HE provider and/or the
professional body connected with the course need to take into account in making their
decision. However, because gaining disclosure often takes place towards the end of the
admissions process, rather than on application, many HE providers will use other means to
determine earlier in the process whether their applicants have criminal convictions that may
need to be taken into account in the selection procedure. The benefits of this include:

more time available to investigate the matter and call any meetings of committees or
panels that are appropriate;

more time for an applicant to appeal a decision, where appropriate;

it is fairer to the applicant to establish their suitability to come onto the course (and
potentially enter the relevant profession) before it is too late in the cycle for them to
seek alternative options.
There are various ways in which an HE provider may seek information about an applicant’s
criminal conviction(s).
Information on an applicant received as a result of the UCAS ‘Criminal
Convictions’ question
Where appropriate, applicants to these courses, where they are courses applied to through
UCAS, will have ticked the box requiring them to state whether they have a “relevant”
criminal conviction. However, HE providers are able to designate appropriate courses at
UCAS as being courses requiring criminal convictions disclosure, and applicants to courses
so designated are required to answer a further question about their criminal conviction. This
is because such courses are exempt from the Rehabilitation of Offenders Act, and it is
lawful and necessary to require them to declare all convictions and cautions that will display
on an enhanced criminal records disclosure. This will include some spent offences
(although some spent offences are now filtered out of the enhanced DBS disclosure in
England and Wales – see section 4.1.3 below).
For the full text of the question asked by UCAS of applicants to courses for which
disclosure is required, see Appendix B, b.
HE Providers will therefore be able to see where applicants have either a relevant criminal
conviction that would have to be declared on an application for any course; and whether
they have a further criminal conviction that would appear on a criminal records disclosure.
However, they will not see any details about the nature of the conviction(s).
4.1.1
4.1.2 Criminal conviction disclosure – independent procedures by HE providers
Many individual courses which require enhanced disclosure have their own disclosure
procedures, both for direct applicants and for UCAS applicants in addition to using the
UCAS declaration and the official disclosure organisations.
Some HE Providers will use the UCAS declaration to identify where a criminal conviction is
present, and then contact the applicant(s) concerned to request further information about
the conviction.
Others routinely send all applicants a set of materials on the course including details of
non-academic requirements, such as health checks and requirement for enhanced
disclosure, including a form to be completed by the applicant about convictions, cautions,
reprimands and warnings that would be displayed on an enhanced criminal records
disclosure. HE providers will both consider the information disclosed in this form in its own
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SPA - Criminal convictions issues in admissions – Good practice statement
right and also compare it with the information received through the official disclosure
process.
Where a course involves an interview stage as part of the decision-making process, many
HE providers will ask applicants to complete a declaration stating whether they have any
criminal convictions, cautions, reprimands and warnings, and asking for further details of
these, when, or before, they attend for interview.
HE providers using such methods to identify criminal convictions and related information
should note:
 It should be made explicit to applicants in course profiles, web information, the
prospectus, specific course information and any other materials that this additional
process will take place, and what information will be required.
 HE providers should be as clear as possible about the implications of particular
answers so that applicants can be given an idea of the possible non-academic
obstacles to their application including, if possible, an idea of the weighting placed on
different issues in the applicant’s past.
 HE providers should make it clear to applicants what the implications are of not fully
disclosing information in the provider’s own forms if additional information is then found
in the official disclosure forms.
 It is common practice, and highly desirable, for HE providers to discuss such issues
informally with enquirers and prospective applicants in advance.
4.1.3 Filtering
In 2013, changes to the DBS process in England and Wales (arising from a legal appeal in
an individual case9) have resulted in certain spent convictions being filtered out of an
enhanced criminal records disclosure. Convictions that will be filtered out are not an
identical group to spent convictions, although they are a subset of them.
Under 2013 legislation, it is illegal for employers to request information on
convictions that would be filtered out of an enhanced criminal records disclosure,
nor can they legitimately take these into account in their decision making. Given that
in most matters relating to disclosure, the same rules bind HE providers as employers, HE
providers should also consider the requirements of filtering when asking applicants
to declare criminal convictions.
Broadly speaking, convictions and cautions that will be filtered out of an enhanced DBS
disclosure are those received more than a certain length of time ago (which is shorter
where they were received under the age of 18), are not on a Home Office list of serious
offences and did not result in a custodial sentence. In addition, where someone has more
than one conviction, no convictions will ever be filtered out for that individual. Some more
details of the criteria for filtering are provided in Appendix C, 5.
HE providers in England and Wales therefore need to consider the following when planning
and implementing policies and procedures for identifying information about the criminal
convictions of applicants requiring an enhanced DBS disclosure:

Applicants should not be told to declare all spent and unspent criminal convictions,
cautions, reprimands, warnings etc., but only those which would be displayed on an
enhanced DBS disclosure. All the HE provider’s published materials, policies,
guidance, procedures and forms on this matter should be amended to make this
explicit.

It is of course up to the individual HE provider as to what level of detail they go into in
their published materials and forms about what convictions/cautions will or will not be
filtered out of the DBS disclosure. However, most applicants are likely to need some
9
For details of the case involved, see the explanatory note accompanying the legislation that introduced filtering .
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SPA - Criminal convictions issues in admissions – Good practice statement


guidance on what will and will not appear on an enhanced DBS disclosure.
Admissions Offices will need to consider provision of training in this relatively complex
area for all staff involved in the process, including those who answer queries from
applicants, and may also find it useful to refer applicants to a body that specialises in
providing guidance in this area such as the charity Unlock.10
All staff dealing with matters relating to disclosure, which may include those in
Admissions and academic or administrative colleagues in academic departments,
need to understand at least the basics of filtering and the implications of this on their
process for dealing with applicants who declare a criminal conviction.
Given the reality that some applicants will choose to declare convictions or cautions
that in fact will be filtered out and not appear in their enhanced DBS check (either
through over-zealousness or a lack of understanding), HE providers will need training
and procedures in place to ensure that relevant staff identify where this has
happened, and discount the disclosure from their considerations.
An appropriate form of words for an HE provider to use when asking applicants to courses
requiring disclosure, to self-disclose their convictions would be:
“Have you ever been convicted, or received a caution, warning or final reprimand, for an
offence that will not be filtered from the Police National Computer when it is processed by
the DBS?”11 HE providers may wish to add links to help applicants at this point, e.g. “If you
are unsure what filtering is, or which offences qualify for filtering, you may wish to talk to us
about this, or seek further guidance at http://hub.unlock.org.uk/knowledgebase/filteringcautions-convictions/”.
Filtering is still relatively new, and not widely understood, and as a result it is possible that
applicants will choose to declare to you, and/or on their UCAS form, convictions or
cautions that in fact will be filtered out from their enhanced DBS disclosure, and
which they did not, therefore, need to declare. In such a case, HEIs would normally
ignore, and not take into account, that conviction or caution in their considerations.
To enable this to happen, it is important that all connected with the decision-making
process on applicants with criminal convictions to professional courses are trained in
filtering. Some HE providers may decide to pass all disclosure forms past an expert within
their institution, to enable the correct judgment to be made on whether or not the declared
conviction/caution would in fact be filtered, before they are passed on to decision-makers or
any fitness to practise panel or similar committee.
Filtering is due to be introduced in Northern Ireland in Spring 2014, although the full details
have not yet been provided by AccessNI. These will be provided on the AccessNI website
in due course.
Filtering has not been introduced in Scotland, but it is appropriate for Scottish HE providers
to be aware of these developments, especially as some applicants to their programmes
may also have applied to other courses in England and Wales. It is therefore possible that
when an applicant has an old and minor conviction/caution, this would display on their
enhanced criminal records check for a course they have applied to that is located in
Scotland, but not for a course they have applied to that is located in England, Wales or
Northern Ireland. HE providers in Scotland will want to consider how to ensure that their
applicants are treated consistently.
10
See www.unlock.org.uk
This form of words has been advocated by Unlock. See http://hub.unlock.org.uk/knowledgebase/filtering-cautionsconvictions/
11
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SPA - Criminal convictions issues in admissions – Good practice statement
Applicants may need appropriate IAG to ensure that they understand the differences that
may apply in the different countries of the UK in terms of whether their old/minor convictions
are revealed in a criminal records check.
4.1.4 Sole reliance on the enhanced DBS / DS / AccessNI disclosure
Some HE providers do not have an internal procedure for asking applicants to declare
criminal convictions, but rely on the enhanced disclosure to provide this information. In this
case, consideration should be given to the timing of the disclosure and the need to ensure
fairness to applicants; for example, if a disclosure is received only shortly before the course
begins and reveals that an applicant has a conviction that will prevent them from taking up
their place, it may be too late for them to seek alternatives which would have been available
earlier in the cycle.
4.2
Timing of checks
The Criminal Records Bureau, as it was at the time, gave advice to SPA on the timing of
carrying out the criminal records check. They suggested that if an HE provider requested
disclosure ‘too soon’ it was not possible for them to establish eligibility, as it would not be
known for certain if the individual would be working with children or the vulnerable. If this is
the case “the application may be unlawful within the terms of the Rehabilitation of Offenders
Act and accessing information too early may also mean the application breaches the Data
Protection Act and could result in action by the student should s/he not be ultimately
accepted to the course.”
Although the Criminal Records Bureau as such no longer exists, the essence of the advice
should still be borne in mind, as the Rehabilitation of Offenders and Data Protection Acts
are certainly still current. Current guidance issued by the DBS in England and Wales states:
“Employers should only arrange a DBS check on a successful job applicant”, although it is
not specified how this translates into the HE applicant environment.
If there is any doubt that the individual will take up their place on the course – e.g. they
decline it or do not fulfil the conditions of offer – then this could mean that it was not
appropriate to have sought an enhanced disclosure already. In practical terms, HE
providers may decide that this means that enhanced disclosure should not be requested
until the applicant has accepted their offer (e.g. gone “CF” or “UF” at UCAS), and has also
fulfilled any other conditions of the offer. We are aware that in fact there is a variety of
practice among universities and colleges over when disclosure is requested. Some HE
providers request disclosure very early in the process (sometimes even before an offer has
been made, in advance of an interview), although this is unusual; others will make
disclosure a formal condition of the UCAS offer, or will request that disclosure be obtained
as a non-academic condition at the time of making an offer. We would suggest that all HE
providers should review their processes regularly to satisfy themselves that they are
operating within appropriate current guidance.
Timing of checks where placements are later or not mandatory
Where the only element of a course that involves a student working in regulatory activity is
a placement, and there is any degree of optionality over this placement, or it occurs in a
later year of the course, the point about timing is also particularly relevant. HE providers’
practice varies on the point at which they seek disclosure where a placement happens
much later than the start of the course, e.g. in Year 2 or 3. Early disclosure, e.g. at the point
of admission, could avoid a situation in which an applicant had completed a year or more of
their course before being discovered to be ineligible for a compulsory placement because of
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SPA - Criminal convictions issues in admissions – Good practice statement
information revealed in their disclosure. However, seeking disclosure over a year before the
placement takes place could risk infringing guidance as noted above, and could also
involve undertaking checks for students who end up not going on the placement (e.g. where
such a placement is optional or becomes so because of changes made to the course after
the students have started, or where a student changes course after enrolment).
As a general rule, where a placement is optional, and an alternative route, or placement in
non-regulated activity, is available to students, it is more appropriate to seek disclosure at
the point of undertaking the placement. Where a placement is compulsory, or highly likely to
be the option of choice for most students, but does not happen in the first year of the
course, some HE providers will request applicants to self-disclose criminal convictions
information that would appear on an enhanced disclosure at the point of admission to the
course, but not request the actual disclosure until the point at which the placement is to be
undertaken.
4.3
A detailed procedure for consideration of applications which require enhanced
disclosure or membership of an appropriate list
Universities and colleges are reminded to adhere strictly to the regulations, procedures and
advice on good practice required by the various disclosure organisations and be aware they
may be subject to audit to ensure adherence to laid-down procedures.
A suggested procedure is given below and appears as a flowchart at the end of this
section.
1.
An application is received for a course for which enhanced disclosure or scheme
membership is required.
2.
The application is first considered by the person responsible for making a decision on
an application according the normal stated entrance requirements. For some courses,
at this stage this may mean making a decision on whether to invite to interview.
3.
If the application is unsuccessful, no further action is taken in connection with the
disclosure issue and the decision is processed in the usual way.
4.
If it is decided to make an offer or, where appropriate, to invite to interview, according
to the normal stated entrance requirements, the application is checked to see whether
a criminal conviction has been indicated. Where this is the case, before making the
offer, further information is sought from the applicant about the nature of their criminal
conviction. Alternatively, some providers may undertake this step either prior to
inviting to interview or through a convictions self-disclosure process which takes place
on the interview day for all applicants.
At this point, it is made clear to applicants:
 That they are being asked for this information because of the professional
requirements of the course, and because enhanced disclosure or scheme
membership will be required prior to the actual course start;
 What criminal convictions/cautions should be disclosed, which may include spent
convictions; providers in England and Wales must bear in mind the requirements of
filtering, and that they should not ask for disclosure of convictions that will not
appear on the enhanced disclosure.
It would be appropriate to ensure that, where required, applicants are able to access
a suitable source of advice on their disclosure before they submit it to the HE
provider.
24
SPA - Criminal convictions issues in admissions – Good practice statement
12
5.
Where a criminal conviction is disclosed by an applicant who is otherwise to be made
an offer:
 (England and Wales) an initial assessment of this is made by a knowledgeable
person, perhaps in the Admissions Office, to ascertain that this is not a conviction
that would be filtered out. Where it would be filtered out, the information should not
be passed on to any other persons, and the course’s decision-makers should be
advised that there is no conviction to take into account for this individual.
 The appropriate procedures for dealing with applicants with criminal convictions to
that course should then take place, which will depend on the HE provider and the
professional requirements of the course in question. This may variously involve:
o Where a conviction is not serious, a suitable person making a decision that
the application can be proceeded with as the conviction is not likely to bar
the individual from professional practice or from taking up any placements; in
which case, the offer is then proceeded with in the normal way.
o Where convictions are more serious or complex, or for some courses, in all
cases, an appropriate panel or committee such as a Fitness to Practise
Panel is convened, to make a judgment on the individual. This may in some
cases involve external practitioners of the relevant profession, and the makeup of the panel or committee is likely to be determined at least in part by the
requirements of the relevant professional body.12 Where such a panel is to
meet to discuss an applicant’s conviction, it would be good practice to
contact the applicant at this point to explain how their case is going to be
handled, and provide relevant documentation such as the policy by which
they are being dealt with, likely timescales and any subsequent rights of
appeal.
o Depending on the nature of the course, and of the conviction, the applicant
may also be contacted for further information at this point, including for the
name of their probation officer and permission to contact them. Note that no
third party, including a probation officer, should ever be contacted without the
written permission of the applicant.
o In some cases, a panel may require the applicant to appear before them to
put their case, either as part of their decision making, or if the applicant
appeals a decision not to admit them to the course.
6.
If the panel or committee makes a decision that the applicant would not be able to
follow the profession to which their chosen course leads, because of their criminal
conviction, or take up placements that form integral or compulsory parts of the
course, the following outcomes are possible:
a. Where the applicant’s conviction would not bar them from joining the institution, but
they cannot be made an offer for their chosen course, they are contacted to ask if
they wish to be considered for an alternative course that does not require disclosure.
This would depend on the nature of the conviction(s) and whether there are
alternative suitable courses with places available.
b. Where the applicant’s conviction would not bar them from joining the institution, or
from undertaking their course, but would bar them from the profession to which their
course is most closely related, they may still be made an offer for their chosen
course if it is also made explicitly clear to them at the time that they are unlikely ever
to be able to practise that profession. Not many HE providers chose to do this, and it
For further information about the requirements of professional bodies, see Appendix H.
25
SPA - Criminal convictions issues in admissions – Good practice statement
c.
may be suitable to seek legal advice before doing so to be absolutely certain that
the student could not later claim that they were misled about their future profession;
but an argument could be made that the applicant has a right to choose to
undertake a course of study for which they are suitable, even if they cannot enter a
particular profession at the end of it. However, the needs of any placements that are
integral to the course must also be borne in mind; if it is literally impossible for a
course to be completed without undertaking a placement in regulated activity, it
would not be in the applicant’s best interests to be admitted to a course they cannot
complete.
Where the applicant’s conviction is such that either entry to the university would be
unsuitable, or there is no alternative course available that would be suitable to offer
them, they may be rejected. In this case, they should be contacted to explain the
outcome, and then the application should be processed in the normal way.
Some HE Providers may allow a right of appeal against the decision made by the
Fitness to Practise or other committee/panel. If so, then this right and how to exercise
it should be clearly communicated to the applicant at the start of the process, and
appropriate time built into the process to allow the applicant to appeal.
7.
If the panel or committee decide that it is possible and suitable to admit the applicant
to the course, either without reservation or with certain provisos or checks in place,
then this decision should be communicated to the applicant, and the application/offer
proceeded with in the normal way.
8.
At the point at which the offer is made, both to applicants whose criminal conviction
has been deemed not to prevent entry to the course, and for those applicants who
have not declared a criminal conviction, the enhanced disclosure or scheme
membership requirement should also be advised to all applicants according to the HE
provider’s normal practice (see Section 4.4) together with information on how to go
about gaining disclosure/scheme membership, the process for allowing the HE
provider to verify their identity (many courses involving interview will require ID to be
brought in on interview day), any costs or fees involved, the timescales and deadlines
that must be adhered to, and ideally a contact point for any questions the applicant
may have.
9.
(England and Wales) Following legislative changes in 2013, the countersignatory
body (i.e. the HE provider) will no longer be sent a copy of the enhanced disclosure,
which goes only to the applicant. All HE providers will need a process to enable them
to check the contents of the disclosure of their applicants, and will need to
communicate very clearly to their applicants what is required of them in this regard.
For example, this may include:
a. Requesting all applicants to present a copy of the disclosure when they register, or
at an earlier stage;
b. Requesting all applicants to post either their original, or a certified copy, of their
disclosure before they register.
Some HE providers in England and Wales also ask all applicants to register for the
new DBS Update service at the point at which they gain their disclosure. This has the
benefit of allowing the disclosure to be checked again in the future for any changes
(e.g. at the point of a later placement, or if annual checks are required during the
course). However, it seems unlikely that the Update service will prove useful for many
26
SPA - Criminal convictions issues in admissions – Good practice statement
HE providers at the point of the initial check as a replacement for seeing the actual
DBS disclosure itself, for the following reasons:
 The Update service is not mandatory, and carries a charge to the applicant.13 It also
has to be applied to within 14 days of the issuing of the DBS disclosure. It is
therefore difficult to envisage its use ever becoming universal among HE applicants,
and HE providers who have advised or even required their students to use the
Update service have found it impossible to enforce on all their applicants.
 The Update service may be checked by an employer or HE provider who has the
applicant’s permission, and their name, date of birth and DBS Certificate number.
However, this is not a way of viewing the full certificate online; only of seeing
whether there has been a status change since the certificate was issued. It is
therefore of limited use as a substitute for seeing the actual DBS certificate.
 There may be issues of fraud/incorrect identity if the HE provider does not see the
actual DBS certificate of the individual applicant.
10.
(Scotland and Northern Ireland) In Scotland and Northern Ireland, the designated
person (Countersignatory) at the HE provider receives a communication from the
relevant agency with information relating to the applicant. In Northern Ireland, this
takes the form of a copy of the disclosure being sent to the HE provider. However,
providers in Northern Ireland should note that from Spring 2015, this practice will
cease, and a procedure will be needed to enable providers to obtain the disclosures
from their applicants, as in England and Wales. Disclosure Scotland directs
signatories to a website to request an update of information.
11.
Once the HE provider has received the information on the disclosure, they may
decide that either:
a. The information provided is acceptable, the information on the official disclosure
matches any earlier self-declaration made by the applicant, and the applicant meets
the requirements for entry to the course as far as the disclosure requirement is
concerned.
The applicant should be advised that the HE provider has found that the applicant
has met this part of the conditions and that this part of the entry requirements has
been satisfied. This should also be noted on the applicant record system.
b. The information provided indicates that the applicant does not meet the
requirements for entry to the course as far as the disclosure or scheme membership
requirement is concerned. This may mean that the HE provider has not already
explored an applicant’s criminal convictions with them, or that there is a discrepancy
between what the applicant declared to them and the information on the official
disclosure certificate. In the latter case, many HE providers may find this to be a
case of fraud or the withholding of relevant information, which may compound the
decision not to admit the applicant to the course.
The applicant should be advised of this decision. The applicant may advise that
there is some special circumstance which requires further investigation or
discussion, or that they have appealed against the DBS/Access NI/DS’s decision,
but otherwise it should be noted that they have not met all the requirements of their
offer and an ‘unsuccessful’ decision should be transmitted through UCAS or other
system used.
13
Currently £13
27
SPA - Criminal convictions issues in admissions – Good practice statement
Applications to courses which require enhanced disclosure at the point of entry
Applications received by institution
and considered according to
established procedures
Is it intended to
make an offer?
No
Transmit “reject” decision in
usual way (e.g. through
UCAS)
Yes
Institution follows its standard procedure
for asking applicants to declare all
criminal convictions that would appear on
an enhanced disclosure
Has the applicant indicated a
conviction that would not be
filtered out of a disclosure?
No
Yes
Applicant informed of the need to obtain
enhanced disclosure, details of institution’s
procedure for this, and (Eng & Wales) how
to provide certificate to institution;
Offer transmitted in the usual way (e.g.
through UCAS)
Designated officer considers conviction,
and where appropriate, seeks further
information and / or convenes panel or
committee such as FTP
No
Is the conviction
considered such that the
individual could not
practice the profession?
Enhanced disclosure or list
membership information
received from applicant
and/or through the scheme
Yes
Is the conviction such
that the student
cannot be admitted to
the institution?
No
Yes
Advise applicant, and
faculty/dept if necessary, of
unsuccessful decision and
transmit reject in usual way
(e.g. through UCAS)
No
Is the disclosure either
clear or contains only
convictions already
considered and
accepted?
Yes
Make Change of Course
offer to course not requiring
disclosure, where available,
and transmit in the usual
way (e.g. through UCAS)
Appeals
Procedure, if
appropriate
28
Advise applicant that they have
fulfilled this requirement. Note on
student records system.
SPA - Criminal convictions issues in admissions – Good practice statement
4.4
Criminal conviction disclosure – and the offer
A key issue is how the necessity for Disclosure can be communicated to the applicant and,
for courses where applications are received through UCAS, whether this is incorporated in
the offer through UCAS. Currently there is a very wide variety of practice, for example:
 The requirement for disclosure is made part of the offer of admission (e.g. ‘You must
achieve BBC at A Level and a satisfactory enhanced disclosure’).
One difficulty here is that disclosure may not be received by the 31st August or even by
the UCAS Reject by Default (RBD) date in September, necessitating a large number of
‘stops’. In practice, some HE providers who make the requirement for disclosure part of
the offer will in fact waive this and make an applicant unconditional where disclosure
has not been received by the RBD date. If this path is followed, the HE provider may
wish to consider whether making the disclosure requirement part of the UCAS
conditions was appropriate. However, other HE providers may find the UCAS deadlines
a useful means of pressurising applicants to obtain their disclosure before the start of
the course where possible.
 The offer is in two parts, with the requirement for disclosure set out in a separate letter.
An issue here is that if it is possible to be ‘unconditional firm’ through meeting the
requirements of the ‘UCAS’ offer but not be admitted because the ‘separate’
requirements have not been met.
If HE providers use this mechanism, it is important that the distinction between the two
parts of the offer clear to applicants; that the status of the different parts of the offer is
clear; and that a letter to the applicants has set out very clearly exactly the
requirements that are expected of them. Some HE providers will use ‘terms and
conditions of offer’ to make such matters clear.
 A distinction is made between admission and registration. A ‘normal’ academic offer is
made but the applicant is also informed, either in the UCAS offer or in a separate letter,
that s/he will not be able to register unless Disclosure is received and it is considered to
be acceptable for admission (e.g. ‘You must achieve BBC at A Level. Satisfactory
enhanced disclosure is also required and you will not be permitted to register unless
this is obtained’). This raises the question of what the offer is actually for. If the offer
does not entitle an applicant to register on the course, what is the offer’s value? If the
contract being entered into is not a ‘contract to admit’, what exactly is it?
 A ‘normal’ academic offer is made; if the applicant accepts it s/he is registered, but then
will be required to withdraw if CRB/Disclosure Scotland/AccessNI Disclosure is not
subsequently received. The problem here is similar to that of the ‘two part’ offer; is it
clear to the applicant that their offer may not actually entitle them to follow the course?
In general terms, any of the above mechanisms may be appropriate. The most important
thing is that there is clarity for applicants about what is required of them, the timescales
involved, and the mechanism for meeting the requirements. It may also be appropriate for
an HE provider to obtain legal advice to ensure that their procedure, including any terms
and conditions of offer and any terms and conditions of registration, are consistent and
legally enforceable.
4.5
Umbrella Bodies
While some HE providers undertake all disclosure checks themselves some others use
‘umbrella bodies’14, organisations which will undertake some of the administration for a fee.
Providers may wish to consider this as an option. Alternatively, providers in England and
The DBS site gives information on umbrella bodies. Similar information can be found on the AccessNI and Disclosure
Scotland sites.
14
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SPA - Criminal convictions issues in admissions – Good practice statement
Wales with a large number of disclosures each year may find it efficient to use the DBS ebulk scheme for submitting disclosure requests.15
4.6
Costs
Obtaining disclosure or scheme membership requires the payment of a fee to the relevant
official agency. HE providers should note that while volunteer positions may apply for
disclosure at no cost, HE courses leading to a profession or involving a placement in
regulated activity are NOT considered to come into this category. It is common practice
that the applicant pays this fee.
Some universities and colleges consider that students in certain categories – for example,
those in financial hardship and/or receiving benefits – should be assisted from Widening
Access or Participation funds. If universities and colleges decide to do this they should, of
course, ensure that all eligible applicants are aware of this through communications from
the Admissions Office or the relevant Department/School/Faculty, and that any assistance
is applied consistently.
4.7
‘Portability’ of CRB/Disclosure Scotland/AccessNI clearance or enhanced
clearance
HE providers may be approached by applicants who wish to use a Disclosure or scheme
membership obtained for a position in another organisation – possibly in employment, or in
voluntary work – for the purposes of admission to a course at their university or college.
England and Wales
A degree of portability has now been provided by the DBS in England and Wales to
disclosures. Note that this applies only to disclosures issued from June 2013; older
disclosures (such as former CRB disclosures) are not portable and changes to their status
cannot be checked.
As the new system of portability beds in, HE providers may find increasing numbers of
applicants present with existing DBS certificates. Provided they have registered for the
Update service, then this may be used by the HE provider to check whether there have
been any changes to the certificate since it was issued. This is legally acceptable instead of
requiring a new certificate, although it will be up to each HE provider what policy it wishes
to follow in this regard. The following points should be noted:
 The Update service is not a way for an employer or HE provider to view a DBS
disclosure online. There may be confusion around this, and providers may need to be
ready to explain this to applicants. The Update service simply advises whether there
has been a change in status since the certificate was viewed. No details on the
certificate (e.g. actual convictions) can be viewed.
 The Update service should always be used in conjunction with viewing the actual
existing DBS certificate, not instead of that. Appropriate ID verification should also be
carried out so that the HE provider is absolutely certain that they are checking the
certificate/status of the individual applicant, and not another person’s.
 The existing DBS disclosure must be at the same level as the one required for the
course; in many cases it will need to be an enhanced disclosure with barred list check.
If not, a new disclosure will be required at the correct level.
 A DBS Disclosure is only portable to another role involving the same workforce. DBS
disclosures are now issued for specific workforces which are:
o Adult
o Child
15
See DBS guidance on the e-bulk service.
30
SPA - Criminal convictions issues in admissions – Good practice statement
o




Adult and Child
A DBS disclosure issued for one workforce is not portable to a different workforce.
For example, if an applicant has a DBS disclosure for the child workforce, but is now
applying for a Medicine course which requires a disclosure for the adult and child
workforce, then a new DBS disclosure must be sought. There are no exceptions to
this.
To check the update service, the HE provider must have the permission of the
applicant, and their name, date of birth and DBS certificate number. It would be good
practice to seek signed permission to use the Update service from the individual which
could also be used if the HE provider needs to re-check the disclosure status again at a
future time.
When checking the Update service, the HE Provider will see one of the following:
o “This DBS Certificate did not reveal any information and remains current as no
further information has been identified since its issue.” This means that the
original Disclosure was clear AND that nothing has changed i.e. it is still clear
o “This DBS Certificate remains current as no further information has been
identified since its issue.” This means that nothing has changed, but that the
original Disclosure was not clear.
o “This DBS Certificate is no longer current. Please apply for a new DBS check to
get the most up-to-date information.” This means that something has changed
since the disclosure was issued. There will be no details provided on what has
changed. In all cases, a new disclosure must now be sought.
The individual must join the Update service at the time of receiving their initial DBS
disclosure (within 14 days). If they have not done this, then there is no later window of
time when they can do so.
A charge applies to both the DBS check and the Update service for applicants to HE
courses leading to a profession. This is not the case where a DBS check is obtained for
a position that is purely voluntary. If an applicant already has a DBS check and has
joined the Update service, without any cost because it related to a voluntary position, it
would not normally be appropriate for an HE provider to regard this disclosure as
portable. The DBS guidance for applicants using the Update service states that
individuals with an existing free subscription to the Update service following a DBS
check for a voluntary check, who have now moved to a paid position, will “need to apply
for a new DBS check, create a new Update service account and pay the subscription
fee”.16
Further details about the update service in England and Wales can be found in the DBS
guide for employers.
Scotland
In Scotland, if someone is already registered under the PVG scheme and has a Scheme
Record, universities and colleges will be able to request a Scheme Record Update to see if
there are any changes and will only need to seek a full Record if there is subsequent
information.
Northern Ireland
Access NI has always had reservations over portability and has specifically stated that a
‘Standard or Enhanced Certificate should not be re-used’. However, following the
introduction of the update service in England and Wales, Access NI is now planning
16
See DBS Update Service: Applicant Guide, para. 20.
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SPA - Criminal convictions issues in admissions – Good practice statement
introducing a similar service from 2015 to allow portability. Under this system, applicants
will opt to apply for a portable disclosure, at an extra cost of £13 per year; new employers
or registered bodies will be able to check updates to the disclosure online. Further details
will be posted on the AccessNI website when they are available. Until 2015, it is advisable
for a new DBS disclosure to be sought for all applicants who require one.
4.8
Clearing, Adjustment and other late applicants
Many HE providers will recruit applicants in the later part of the cycle to courses requiring
disclosure. These include late applicants to non-UCAS courses; UCAS applicants who
applied to other courses earlier in the cycle but have now become eligible for Clearing or
Adjustment; UCAS applicants who apply after the main scheme closes and are therefore
placed directly into Clearing; and those who are accepted through the UCAS RPA process,
e.g. because they have already established their eligibility for the course with the institution
but have not yet applied through UCAS. In all these circumstances, the process of
investigating criminal convictions and obtaining the enhanced disclosure may be more
difficult because:
 the timescale between accepting the applicant and the start of term may be very
tight;
 the Admissions Office is under pressure at the busiest time of the year;
 the full range of academic and administrative staff who are normally involved in the
investigation of a criminal convictions issue may not be available at this time of year;
 the UCAS system does not allow conditional offers to be made in Clearing, meaning
that unconditional offers will have to be made to secure the applicant, even where
the gaining of the criminal records disclosure and/or investigation of any criminal
conviction is outstanding.
HE providers will devise their own mechanisms for dealing with these difficulties, depending
on the structure, staffing and timescales at their own institution, but the following points may
be helpful to bear in mind:
 It is imperative to fair admissions and to adherence with legislation that applicants to
courses requiring disclosure are dealt with in the same way, regardless of when they
apply. This means that, while it may be appropriate to vary some administrative
procedures, the same opportunities, level of consideration and rights of appeal must
be available to Clearing/late applicants as to those who applied earlier.
 Applicants must be provided with full details of what they need to do to obtain their
enhanced disclosure, including the deadlines that apply. This may mean ensuring
considerable support is available to them.
 A specific policy or procedure on Clearing/Adjustment/late applicants to courses
requiring criminal records disclosure may be helpful, especially at HE providers who
routinely take a lot of students in this way. For example, consideration will need to
be given to the following:
o Potential and actual Clearing/late applicants must be alerted to the need to
gain disclosure, and the procedure and timescales for doing so, for example
through published course information/Clearing listings and through emails to
applicants once accepted;
o Consider whether Clearing/late applicants will be asked to declare any
criminal convictions up front (i.e. in advance of the actual disclosure being
received); at what point this request will take place (e.g. at the point of initial
inquiry, when making a formal offer of a place, or after such an offer has
been accepted); and how/by whom any such declarations will be handled;
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SPA - Criminal convictions issues in admissions – Good practice statement
o



4.9
A procedure will be required for calling any committees or panels needed to
consider criminal convictions/fitness to practice issues, and for hearing any
appeals;
o A procedure will be required for checking applicants’ ID documentation;
o Consider what mechanisms and staff time will be needed to process ID
document checks and disclosure applications, and what advance staff
training will be required to facilitate this;
o Consider the timescales and deadlines involved, e.g. what is the last date
by which your institution could reasonably accept an applicant to a course
requiring disclosure, and what is the latest date by which disclosure would
have to be received. Any deadlines should be made clear to applicants.
If an applicant to an HE provider in England and Wales has already obtained their
enhanced disclosure because of their application to a similar course elsewhere, and
has registered for the Update service, it is acceptable to check their status online in
conjunction with viewing their original certificate and ID documentation, rather than
asking for a new disclosure. However, there will inevitably be some applicants who
have either not yet obtained their disclosure or who have not registered with the
update service. HE providers in England and Wales will need to incorporate into
their policy/procedures whether, how and in what circumstances they might use the
Update service as part of their procedure for late applicants to courses requiring
disclosure.
The institutional personnel required to constitute a fitness to practise or similar
committee must be available at this time of year to ensure that criminal convictions
issues can be dealt with. If the identical personnel are not available, then a
mechanism must be established to ensure that appropriate substitutes are able to
give the same level of consideration to a case as during the main part of the cycle,
for example because they fulfil similar offices in the same departments or areas of
the university or college, and/or through making regulations to vary the constitution
of a committee or panel at this time of year. The practice and regulations for doing
this may vary between institutions. In all cases, consideration must be given to the
need to ensure that all members of a panel or committee dealing with a criminal
convictions case have appropriate training or experience to ensure that the situation
is judged fairly, and in a manner that is consistent with applicants in the main part of
the cycle.
Each HE provider will need to consider how to handle situations whereby an
otherwise acceptable applicant has accepted an offer through Clearing or
Adjustment and wishes to take up their place, but has not received their disclosure
clearance by the start of term. Some HE providers may decide to allow provisional
registration, pending the advent of the disclosure, in such cases, but this can only be
undertaken with great caution. See section 4.9, below, for more details.
Enhanced disclosure – and registration with the university or college
It is SPA’s advice that disclosure is obtained to the satisfaction of the university or college
before an applicant is permitted to register and join their course. While we are aware that
this does not always happen, permitting an applicant to join before this stage is not good
practice and may leave the university or college vulnerable if an applicant is admitted who
is subsequently unable to receive the appropriate clearance and who may then have to be
asked to withdraw.
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SPA - Criminal convictions issues in admissions – Good practice statement
We are aware that some HE providers have schemes for allowing provisional or temporary
enrolment of such individuals, pending the obtaining of their actual disclosure from the
DBS/Access NI/DS. International applicants and late (e.g. Clearing) applicants are
particularly liable to be in this situation. SPA does not advocate this course of action, but
we note that if HE providers choose to do this, they should bear in mind the following
considerations:
 Legal advice should be sought to ensure that registration may be terminated should
the disclosure prove unsatisfactory, and particular procedures, such as special
terms and conditions of registration, may need to be put in place to facilitate this.
 If a self-declaration from the applicant in relation to their criminal conviction has
already been sought, systems must be in place to ensure that the actual disclosure
is robustly checked against the self-declaration and that there are no discrepancies.
There must then be appropriate procedures (and legal advice) in place to handle
any discrepancy, e.g. if the HE provider wishes to terminate registration on the
grounds of fraud.
 If there has been no earlier process to ask applicants to self-declare any criminal
convictions, provisional enrolment may be particularly dangerous because the
applicant(s) concerned may in fact have serious or violent criminal convictions that
have not yet come to light.
 Any form of ‘temporary registration’ is viewed by the Office of the Independent
Adjudicator (OIA) as bringing the student within their jurisdiction as a student.
 No placement involving regulated activity can take place before the official
disclosure is received, and there should be no exceptions to this under any
circumstances.
 HE providers may wish to impose a strict final deadline on the receipt of the official
disclosure, and should consider issues of fairness for other students who have
managed to comply with the initial deadline.
4.10
International Applicants
HE providers will be aware of the difficulty of obtaining information on applicants from
outside the UK. Factors include different legal assumptions (with, for example, limitations
on the period for which records of offences are kept) and different legal and administrative
arrangements. HE providers should seek to make DBS/Disclosure Scotland/AccessNI
checks in respect of any time spent in the UK; where the applicant has not yet spent time in
the UK, some providers run the formal check soon after their commencement on the
course, although where this is done the caveats highlighted above in relation to provisional
enrolment should be noted. In addition to this, where possible providers should obtain
(before the course begins) police or criminal records checks from the other country or
countries in which they have lived. The DBS now provides helpful guides on how to seek
comparable information on a country-by-country basis, and Access NI also provides some
information on its website. If formal police or criminal records checks cannot be obtained,
HE providers should take reasonable steps to seek information from applicants, including
taking up references, and should make their policy on this issue clear. They should also be
aware of any requirements of professional bodies in these circumstances.
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5. Practical Arrangements for HEIs in matters relating to Criminal Convictions
5.1
Policies: adherence and review
 It is important that an HE provider’s policies and procedures on applicants with criminal
convictions are known and observed by all staff involved throughout the university or
college. This applies whether the admissions function is centralised or devolved as
different parts of the process may involve colleagues in different Departments, both
administrative and academic. Specific policies relating to courses requiring disclosure must
be fully known by all staff involved in dealing with admissions to those courses, including
those taking inquiries from applicants and prospective applicants.
 Policies and procedures should be followed at all times of year, including periods such as
Confirmation and Clearing as well as the main application cycle, and should apply to all
start dates.
 Policies and procedures should be subject to regular review to ensure both that they remain
fit for purpose in the context of the particular provider, and that they take account of any
changes to relevant legislation. Providers should note that whilst review may happen in
their institution at a particular point in the year or cycle, legislative changes may come into
force at any time.
5.2
Records and technical procedures
5.2.1 Records and IT systems
It is important that universities and colleges should have procedures in place in their own
admissions and student record systems, UCAS weblink and any copy forms, to identify
clearly a ‘ticked criminal convictions box’ (in the case of courses not requiring disclosure)
and the necessity of obtaining disclosure for courses which do require it. This may be by
means of:
 identification of particular courses for which applications require special consideration
(for example, health or teaching courses) including placing applications for those
courses in separate areas in the records system;
 identification of applications where the applicant has indicated a relevant criminal
conviction, including placing those applications in separate areas in the records system;
 regular reports on courses and individuals;
 on ‘hard copy’ forms (if used) separate filing and/or highlighting relevant fields.
Many HE providers now use their systems to produce automatic reports and to place
applications requiring special consideration in special areas of their systems. Universities
and colleges report that there is considerable variation between the readiness of different IT
providers to deal with these issues in their systems and it may be necessary to put
pressure on IT providers in this connection.


5.2.2 Records management and Data Protection
As with all procedures in the admissions process, it is essential to maintain a careful record
and audit trail so that the reasons for the decision may be established at a later time and so
that it can be proved that procedures were correctly followed. It also permits feedback to
be given later, if requested and appropriate.
Where an applicant who has ticked the criminal convictions box advises that it has been
ticked in error, it may be helpful for the audit trail to ask them to put this in writing and to
store this with their record and/or make appropriate notes on their student record.
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SPA - Criminal convictions issues in admissions – Good practice statement




5.3
All records and correspondence concerning an applicant who may have a relevant criminal
conviction or requires disclosure should be securely stored according to the HE provider’s
data protection policy. The requirements of the policy, including when records should be
destroyed, should be closely followed. For example, if an applicant whose criminal
conviction was investigated later declines an offer, it will be appropriate to destroy all
records relating to the matter within the timescales laid down in the institution’s policies.
All records and correspondence concerning an applicant who has a relevant criminal
conviction should be securely stored in a central point within the university or college,
normally separate from other applications.
Where a paper copy of the application is used, it should be marked or highlighted to
emphasise that there is a particular issue regarding the application and the electronic
record system should also be annotated.
Information relating to convictions is considered to be ‘sensitive personal data’ under the
terms of data protection legislation and staff should ensure that all such information is
stored and protected in accordance with their university or college’s data protection policies
and procedures.
Staff training
Providers will recognise the importance of staff being trained in issues related to criminal
convictions. Some universities and colleges hold regular briefing sessions or workshops
with all staff involved in the admission of applicants with criminal convictions to ensure that
policies, procedures and the legislative context are known and adhered to. This may be
particularly important when legislative change has come in, or when there is a changeover
of key personnel in the institution, but some providers will hold such training annually. From
time to time, universities or colleges may arrange training via their staff development office
or by using external trainers (some large law firms, or the university or college’s own legal
advisers, may be able to provide training), or by sending relevant staff to any training
workshops provided by the disclosure organisations.17
While staff dealing with admissions may need specific training to handle issues relating to
criminal convictions in applicants, there are likely to be other areas of the institution that
also handle criminal convictions issues or applications for disclosure, such as Human
Resources, the Students’ Union or other groups that organise voluntary activity, and offices
dealing with student disciplinary issues. Some HE providers find it helpful to offer joint
training or online resources for staff in such different areas of the university who deal with
these related issues.
17
Information on DBS training and events is on their website. Information on training events for registered bodies
provided by AccessNI is on the NIdirect website. Disclosure Scotland has online training modules available.
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Appendix A
a. Duty of Care
JISC Legal Information Service - Duty of Care in the Further and Higher Education Sectors
http://www.jisclegal.ac.uk/portals/12/documents/pdfs/dutyofcare.pdf (accessed 12 December
2013).
b. Responsibilities and Duties to Children and Vulnerable Adults

England
Universities and colleges in England will be aware of their obligations to persons under the
age of 18 under the ‘Every Child Matters’ policy:
o
o
HEIs under the Department for Business, Innovation and Skills (BIS) Statutory
Guidance on their duties in relation to people under 18 ‘Safeguarding Children;
Guidance for English Higher Education Institutions (HEIs) (a document prepared by
the Department for Innovation, Universities and Skills in 2007, but still hosted by BIS
as current guidance):
(http://www.bis.gov.uk/assets/biscore/corporate/migratedD/ec_group/D1672361207)
(consulted 12 December 2013); Section 5 deals with the Recruitment and Vetting of
Students and paragraphs 130-137 in particular are concerned with ‘Applicants for
under-graduate or post-graduate study’.
FE Colleges under the Department for Education Statutory Guidance ‘Safeguarding
Children and Safer Recruitment in Education’
(http://www.education.gov.uk/aboutdfe/statutory/g00213145/safeguarding-childrensafer-recruitment) (accessed 12 December 2013)

Scotland
Issues connected with the protection of children and vulnerable adults are found at the
Disclosure Scotland site and on the Protection of Vulnerable Groups site (accessed 12
December 2013).

Northern Ireland
Matters in Northern Ireland Universities are governed by the Safeguarding Vulnerable
Groups (Northern Ireland) Order 2007 (SVG Order) (accessed 12 December 2013) and
comprehensive information is set out at the Access Northern Ireland (AccessNI) site.

Wales
Currently arrangements in Wales are similar to those in England.
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SPA - Criminal convictions issues in admissions – Good practice statement DRAFT update Dec 2013
c.
Useful links (All websites were accessed on 12 December 2013)
UK - Office of the UK Information Commissioner
England, Northern Ireland and Wales
Protection of Freedoms Act 2012
England & Wales
Disclosure and Barring Service
Email list - CRB-HE@JISCMAIL.AC.UK
England
Safeguarding Children: Guidance for English Higher Education
Institutions (HEIs)
Accommodation of students under eighteen by further education
colleges: national minimum standards, inspection regulations
Promoting Good Campus Relations: Working With Staff And Students
To Build Community Cohesion And Tackle Violent Extremism In The
Name Of Islam At Universities And Colleges
Prevent Strategy
Northern Ireland
Access Northern Ireland
Department of Health, Social Service and Public Safety
The Protection of Children and Vulnerable Adults (NI) Order 2003
(POCVA)
Scotland
Protection of Vulnerable Groups Scheme
Disclosure Scotland
Law
Duty of Care in the Further and Higher Education Sectors
Oxford Centre for Higher Education Policy Studies
Support Organisations
Unlock
NACRO
Rehabilitation of Offenders / Spent Convictions
http://www.ico.gov.uk
http://services.parliament.uk/bills/2010-11/protectionoffreedoms.html
https://www.gov.uk/government/organisations/disclosure-and-barring-service with detailed
information on criminal records disclosure processes at https://www.gov.uk/browse/employingpeople/recruiting-hiring/criminal-record-disclosure
On the Update Service:
https://www.gov.uk/government/publications/dbs-update-serviceemployer-guide
On Filtering: https://www.gov.uk/government/publications/dbs-filtering-guidance
http://www.jiscmail.ac.uk/cgi-bin/webadmin?A0=CRB-HE
http://www.bis.gov.uk/assets/biscore/corporate/migratedD/ec_group/D1672361207
http://webarchive.nationalarchives.gov.uk/20071001175105/dh.gov.uk/en/Publicationsandstati
stics/Publications/PublicationsPolicyAndGuidance/DH_4005629
http://www.bis.gov.uk/assets/biscore/corporate/migratedD/ec_group/22-07-HE_on
http://www.homeoffice.gov.uk/publications/counter-terrorism/prevent/prevent-strategy/preventstrategy-review?view=Binary
http://www.accessni.gov.uk/
http://www.dhsspsni.gov.uk/index/hss/svg.htm
http://www.legislation.gov.uk/nisi/2003/417/contents/made
http://www.pvgschemescotland.org/
http://www.disclosurescotland.co.uk/
http://www.jisclegal.ac.uk/portals/12/documents/pdfs/dutyofcare.pdf
http://oxcheps.new.ox.ac.uk/
http://www.unlock.org.uk/
http://www.nacro.org.uk/
http://hub.unlock.org.uk/knowledgebase/spent-now-brief-guide-changes-roa/
38
Appendix B
a.
UCAS Apply – 2014 Application (All Applicants)
The full text advising applicants on the completion of the criminal convictions question (for all
applicants) is as follows:
Criminal convictions
To help the universities and colleges reduce the risk of harm or injury to their students and staff
caused by the criminal behaviour of other students, they must know about any relevant criminal
convictions that an applicant has. Please read the following carefully.
If you have a relevant criminal conviction that is not spent, please tick the box; otherwise leave it
blank. If you tick the box you will not be automatically excluded from the application process.
What does ‘spent’ mean?
If a person does not re-offend during their rehabilitation period, their conviction becomes ‘spent’ (as
defined by The Rehabilitation of Offenders Act 1974). Convictions that are spent are not
considered to be relevant and you should not reveal them. You should note that certain offences
are never spent. Also, for certain courses, you are required to declare all
convictions whether spent or unspent. These do not have to be declared in answer to this question
which relates only to relevant, unspent criminal convictions but you must reveal
them if a course has been denoted as requiring a criminal records check. You will be asked this
question when you choose a relevant course. Please see the entry requirements for your course
choices to see if this requirement applies to you.
For more information on offences and rehabilitation periods, click on
www.justice.gov.uk/downloads/offenders/rehabilitation-offenders.pdf
What is the Rehabilitation of Offenders Act 1974?
The Rehabilitation of Offenders Act 1974 aims to help people who have been convicted of certain
criminal offences and have not re-offended since being convicted. People with few or minor
convictions will therefore be able to ‘put their past behind them’ and be treated as everyone else
with regard to employment and equal opportunity.
What is a relevant criminal conviction?
Relevant criminal offences include convictions, cautions, admonitions, reprimands, final warnings,
bind over orders or similar involving one or more of the following:
 Any kind of violence including (but not limited to) threatening behaviour, offences
concerning the intention to harm or offences which resulted in actual bodily harm.
 Offences listed in the Sex Offences Act 2003.
 The unlawful supply of controlled drugs or substances where the conviction concerns
commercial drug dealing or trafficking.
 Offences involving firearms.
 Offences involving arson.
 Offences listed in the Terrorism Act 2006.
If your conviction involved an offence similar to those set out above, but was made by a court
outside of Great Britain, and that conviction would not be considered as spent under the
Rehabilitation of Offenders Act 1974, you should tick the box.
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SPA - Criminal convictions issues in admissions – Good practice statement DRAFT update Dec 2013
Warnings, penalty notices for disorder (PNDs), anti-social behaviour orders (ASBOs) or violent
offender orders (VOOs) are not classed as convictions for the purpose of this section, unless you
have contested a PND or breached the terms of an ASBO or VOO and this has resulted in a
criminal conviction.
How will the university or college handle my application if I declare a relevant criminal
conviction?
If you tick the box you will not be automatically excluded from the application process. The
information concerning criminal convictions will be passed to appointed persons at the university or
college. In line with best admissions practice, they will consider your application separately from
your academic and achievement merits. During this consideration, they
may ask you to provide further information about your conviction. If they are satisfied, your
application will proceed in the normal way although they may add certain conditions to any offer
they may make. Otherwise they will notify you of their decision. Failure to declare a relevant
criminal conviction may result in expulsion from your university or college. All information
concerning criminal convictions must be treated sensitively, confidentially and managed in
accordance with the Data Protection Act 1998. You may find further details about how a criminal
conviction declaration is handled (including the right to appeal a decision) at the university or
college website.
What if I receive a relevant criminal conviction after I have applied?
If you are convicted of a relevant criminal offence after you have applied, you must tell us and any
university or college that you have applied to, or may apply to, during the application cycle. Do not
send details of the offence; simply tell us and the universities and colleges that you now have a
relevant criminal conviction. The universities and colleges may then ask you for more details.
b.
UCAS Apply – 2014 Application (Applicants to courses exempt from the
Rehabilitation of Offenders Act)
The full text for applicants to courses that are exempt from the Rehabilitation of Offenders Act is as
follows:
Criminal conviction declaration
This course has entry requirements which may require you to disclose further information
regarding any spent or unspent convictions or any past criminal activities, and may also require a
criminal records check.
Further checks may also be required under the Disclosure and Barring Service.
If you have spent or unspent convictions from a court outside Great Britain, additional checks may
be carried out depending on the records available in respect of the applicable country. A criminal
records check may show all spent and unspent criminal convictions including (but not limited to)
cautions, reprimands, final warnings, bind over orders or similar and, to the extent relevant to this
course, may also show details of any minor offences, fixed penalty notices, penalty notices for
disorder, ASBOs or VOOs.
Please tick if you have any spent or unspent convictions or other punishments that would show up
on a criminal records check. [ ]
If you tick the box you will not be automatically excluded from the application process.
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Finally, it is recommended that you read the help text accompanying this question and if these
issues are in any way relevant to you, you should obtain further advice from appropriate bodies.
UCAS will not be able to assist you in this respect. You will be asked this question each time you
add a course that requires a criminal conviction declaration.
Help text for courses that are exempt from the Rehabilitation of Offenders Act.
Criminal conviction declaration
Certain professions or occupations such as (but not limited to) teaching, medicine, dentistry, law,
accountancy, actuarial, insolvency, healthcare, social work, veterinary medicine, veterinary
science, pharmacy, osteopathy, chiropractic, optometry and professions or occupations involving
work with children or vulnerable adults, including the elderly or sick people, are exempt from the
Rehabilitation of Offenders Act (1974). Different rules apply to such professions or occupations
with regard to disclosure of information about criminal
convictions. You may be required to disclose information regarding any convictions even if they are
spent. Some courses in respect of such professions or occupations involve an integral work
placement and you may not be able to undertake such placement and complete your studies if you
have criminal convictions. Further, while you may be permitted to study for one of the above
professions or occupations, you may not be able to register and practise upon completion of your
course.
You should be aware that in respect of these courses:
1. The university or college may ask you to provide further information regarding any
convictions (including spent convictions), and/or may ask you to agree to a Disclosure and
Barring Service (DBS) check. If they do so, you must comply with their request.
2. Where required, the university or college will send you instructions regarding how to
provide the information they require. They may send you documents to fill in. Where such
documents come from will depend on the location of the college or university that you are
applying to. Please see the table below for further information.
3. Depending on the type of check, different levels of information will be revealed. The
information revealed may include unspent convictions and spent convictions (including
cautions, reprimands and final warnings or similar). Information about minor offences,
penalty notices for disorder (PNDs), anti-social behaviour orders (ASBOs) or violent
offender orders (VOOs) and other locally held police information may be revealed where it
is appropriate to the course for a particular occupation or profession. The information will be
disclosed irrespective of when it occurred.
4. This means that if you have a criminal conviction (spent or unspent) or, in certain
circumstances, any minor offence, this information may be made known to the university or
college (but not UCAS) as part of the check.
5. If the check reveals that you have had a conviction, (including any caution, reprimand, final
warning, bind over order or similar) or any other relevant information including (in certain
circumstances) any minor offence, PND, ASBO or VOO, the university or college will need
to assess your fitness to practise in the profession or occupation to which your course
relates. Applicants to medicine, for instance, should be aware that the General Medical
Council will not permit students deemed unfit to practise to be entered on the medical
register and so they will not be able to practise as doctors. Similar restrictions may be
imposed by other professional bodies including (but not limited to) those connected with
law, teaching, accountancy, social work, healthcare, veterinary services, pharmacy,
financial and insurance services and the armed forces.
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SPA - Criminal convictions issues in admissions – Good practice statement DRAFT update Dec 2013
6. You may also be subject to further checks (before and/or after you complete your course)
by prospective employers who will make their own assessments regarding your fitness to
practise in the relevant profession or undertake the relevant occupation.
7. If these issues are in any way relevant to you, you should obtain further advice from
appropriate bodies. UCAS will not be able to assist you in this respect.
8. In England and Wales you may also be required to complete documentation and maintain a
registration with the Disclosure and Barring Service (DBS). The DBS scheme is designed to
allow universities and colleges to identify any individual that is barred from working with
children and vulnerable adults, including elderly or sick people.
How will the university or college handle my application if I declare a criminal conviction?
If you tick the box you will not be automatically excluded from the application process.
The information concerning criminal convictions will be passed to appointed persons at the
university or college. In line with best admissions practice, they will consider your application
separately from your academic and achievement merits. During this consideration, they may ask
you to provide further information about your conviction. If they are satisfied, your application will
proceed in the normal way although they may add certain conditions to any offer they may make.
Otherwise they will notify you of their decision. Failure to declare a criminal conviction may result in
expulsion from your university or college.
All information concerning criminal convictions must be treated sensitively, confidentially and
managed in accordance with the Data Protection Act 1998. You may find further details about how
a criminal conviction declaration is handled (including the right to appeal a decision) at the
university or college website.
In addition, you may also find the details below useful.
region agency website address
You will be asked this question each time you add a course that requires a criminal conviction
declaration.
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SPA - Criminal convictions issues in admissions – Good practice statement DRAFT update Dec 2013
Appendix C
Summary of the 2012 changes to the Disclosure and Barring Service in England and Wales,
and their effect on Higher Education providers
1. Legislation
The Protection of Freedoms Act 2012 introduced changes to the way in which criminal
records checks are handled in England and Wales. The effects of the legislation came into
force partly in September–December 2012 and partly in June 2013. A separate piece of
legislation passed in 2013, The Police Act 1997 (Criminal Record Certificates: Relevant
Matters) (Amendment) (England and Wales) Order 2013, introduced filtering (see 5,
below).18
2. Regional differences
The changes apply to England and Wales only. Northern Ireland and Scotland each has its
own process for handling criminal records checks, most of which did not change in 2012,
although the definition of Regulated Activity in Northern Ireland was updated, and further
changes are planned for 2014-15.
3. The end of the CRB
The Criminal Records Bureau, along with the Independent Safeguarding Authority (ISA),
has been absorbed into the Disclosure and Barring Service, meaning that the terminology
“CRB check” is now defunct, although Disclosure and Barring Service clearance is still a
criminal records check, and can be referred to as such.
4. The repeal of registration and continuous monitoring
The previous Government had introduced legislation to require individuals engaged in
regulated activity also to register with the ISA’s Vetting and Barring Service for continuous
monitoring, which was planned to be implemented from late 2010. These plans were put on
hold by the new Government in 2010, and have been completely repealed by the 2012
legislation. The Government have no plans now to introduce this scheme.
5. Filtering
This significant change was brought in in May 2013, following a successful legal appeal by
an individual. It is possible that the details of how this operates may continue to change in
the coming years.
Under filtering, certain convictions and cautions will no longer display on an enhanced
criminal records check. This is an entirely new departure, as until now all convictions and
cautions, of any age, were shown and it was legitimate for employers or HE providers for
professions/course exempt from the Rehabilitation of Offenders Act to ask about any
convictions or cautions however old.
It is not appropriate to ask applicants to declare any convictions or cautions that will not
appear on an enhanced DBS check, and HE providers should:
 take care over what information they ask applicants to self-declare;
 provide appropriate guidance to applicants about what they should, and should not,
self-declare;19
18
The relevant legislation can be found at http://www.legislation.gov.uk/ukpga/2012/9/contents and
http://www.legislation.gov.uk/uksi/2013/1200/memorandum/contents .
19 The charity Unlock provides guidance and a helpline for people with convictions in this regard. See www.unlock.org.uk.
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 ensure that they ignore any convictions or cautions an applicant chooses to declare
where these in fact will be filtered out of the DBS disclosure.
The criteria by which convictions and cautions are filtered out are not identical to the criteria
by which a conviction becomes spent; see Appendix D for a summary of the differences
between ‘spent’ and ‘filtered’.
A caution will be filtered where:
 it was received more than 6 years ago (when received at aged 18+) or more than 2
years ago (when received aged under-18) AND
 it is not on a list of serious/violent offences laid down by the Home Office
A conviction will be filtered where:
 it was received more than 11 years ago (when received at aged 18+) or more than
5.5 years ago (when received aged under-18) AND
 it is not on a list of serious/violent offences laid down by the Home Office AND
 it did not result in a custodial sentence (of any length, and including suspended
sentences) AND
 it is the only conviction that the individual has received.
Where more than one conviction has been received, none will ever be filtered out of the
DBS disclosure; however, multiple cautions may be filtered out if they fit the criteria
above.20
6. Regulated Activity
The definition of regulated activity – that is, activities for which a criminal records check is
required, and in which a barred individual may not lawfully engage – has been changed,
and scaled back; Government estimates are that c. 9 million people would soon have been
covered under the previous definition, whereas the new scheme will encompass closer to 5
million individuals. The substantial change is that it is now the nature of the activity, rather
than the setting for it, which determines whether or not an enhanced disclosure is required;
an example is that a cook in a care home will no longer need to have an enhanced
disclosure. In practice there is likely to be little difference in the HE courses for which DBS
clearance is required, although there may be some changes to the requirements affecting
individual placements for some students, especially where any engagement in activity with
children or vulnerable adults is occasional or supervised. The DBS has not to date issued
precise guidance on what kinds of placement do, or don’t, constitute regulated activity. 21
7. Portability
One of the major enhancements of the new system is that a new-style DBS clearance
certificate is now portable between jobs that involve working with the same workforce. This
means that an existing DBS certificate can now be accepted by a new employer, and even
in a new sector, provided that the workforce type is the same e.g. someone with DBS
clearance to work with children as a nurse could use the same DBS certificate to undertake
voluntary community work with children.22
20
For full details on filtering, see the Home Office guidance at https://www.gov.uk/government/publications/dbs-filteringguidance; the list of offences that will never be filtered is at https://www.gov.uk/government/publications/dbs-list-ofoffences-that-will-never-be-filtered-from-a-criminal-record-check.
21 A DBS summary of the new definition of regulated activity is set out in a leaflet on the 2012 changes, p. 9.
22 “Workforce” as defined by the DBS means: Adult; Child; Both or Other. Each application for DBS clearance requires
one of those four to be selected. Portability only applies to other positions that are relevant to the same workforce, e.g.
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SPA - Criminal convictions issues in admissions – Good practice statement DRAFT update Dec 2013
Portability works through the DBS Update service, and only through this service. The
individual who has the DBS clearance (not their employer or HEI) must register for the
update service. This must be done at the time of applying for the original DBS clearance,
either whilst waiting for their certificate through using their application number (which their
employer/HE provider must supply them with); or after their certificate arrives using the
certificate number. However, they must do this within 14 days of receipt of the certificate.
Provided that the individual with DBS clearance has registered for the Update service, their
new employer (or HE provider) may, with the individual’s permission, search their
information online. This is called a Status Check and a registered body can perform one
on an individual or in bulk without charge or registering specially for this service. Criminal
convictions information on any individual registered with the update service is updated
weekly meaning that any new conviction, or information newly come to light since the
original certificate was granted, will result in a status change being marked against the
individual. If this is the case, the employer should then make a new DBS application for the
individual, and, if the individual fails to show them their new DBS certificate, may request a
copy from the DBS. Note however, that the update service will not show what the change is
(e.g. details of a new conviction), simply that there has been a change. If the status check
shows no status change to the individual, the employer/HE provider can be confident that
the information on their original DBS certificate remains current.
Limitations of this portable system:
a) The Update service is available only for DBS clearance certificates issued on or after 17
June 2013. CRB certificates issued before that date cannot be updated or checked in
this way. Therefore, it may take a few years for this service to become truly
useful/universal.
b) The system is only usable where the applicant has chosen to register for the Update
service, for which there is a £13 annual charge to the applicant. While HE
providers/employers can request their applicants to register, and should routinely
provide them with their application number to enable them to do this, it is difficult to see
how anybody can be forced to use the Update service.
c) From the applicant’s point of view, the employer, too, has to be happy using the Update
service status check. It is possible that some employers (or HE providers) may insist on
a new DBS check, which they have a right to do if they really want to, meaning that the
cost and bureaucracy saving offered by the new system is not realised.
d) Anyone moving between workforce types, e.g. from adult into child work or vice versa,
will always need a new DBS clearance.
e) Anyone needing DBS clearance at a higher level than their existing check will always
need a new DBS clearance (e.g. where they currently have a Standard Disclosure but
their new position requires an Enhanced Disclosure).
f) Where an existing DBS clearance and Update service membership were obtained
without cost in relation to a voluntary position, they are not portable to a position (such
as a Higher Education course) for which a charge is applied. A new (paid for) DBS
disclosure will have to be obtained for students whose existing DBS disclosure / Update
service membership were obtained free of charge for a voluntary position.
an applicant with DBS clearance only as part of the adult workforce would need a new disclosure if starting work with an
organisation that involved working with children.
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SPA - Criminal convictions issues in admissions – Good practice statement DRAFT update Dec 2013
g) The Update service provides the new HE provider/employer with information about
status changes since the original DBS certificate was issued. It does not provide them
with a copy of the original DBS certificate, so they will have to request the
employee/student to show them this. If the certificate has been lost, a new one will have
to be applied for.
8. DBS Certificate
Another major change under the new system, which has a significant impact on HE
providers, is that the DBS Certificate is no longer sent to the employer/HE provider – only to
the applicant. The system relies on the employer requesting the applicant to bring them a
copy of their Certificate before their employment commences; much more easily handled
for individual employees than for an HE provider registering hundreds of students on a
course.
If the applicant has registered for the Update service, the employer/HE provider can run a
status update on them to discover whether their DBS Certificate is clear or not. However,
this will not reveal the full details of any disclosures to them. Nor would it be easy for an HE
provider to force an applicant to register for the update service, especially given the £13
annual fee and the 14-day deadline for registering.
HE providers may therefore need to implement systems by which applicants
bring/send/show them their DBS disclosure certificate before registration or enrolment on
the course.
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SPA - Criminal convictions issues in admissions – Good practice statement DRAFT update Dec 2013
Appendix D
How convictions that will be filtered out of DBS checks differ from spent/unspent
convictions (England and Wales)
Spent and Unspent Convictions under the Rehabilitation of Offenders Act
Under the Rehabilitation of Offenders Act 1974 (ROA), all criminal convictions eventually become
‘spent’ with the exception of those that have resulted in a prison sentence of more than 2.5 years.
From early 2014 this will change to those resulting in a prison sentence of more than 4 years.
Cautions become spent immediately they are issued, apart from conditional cautions, which
become spent after three months.
Professions/Courses exempt from ROA – DBS disclosures
Some professions and HE courses are exempt from the ROA and require a standard or enhanced
DBS disclosure before they can be taken up. This will reveal both spent and unspent convictions
and cautions. However, some spent convictions and cautions are now filtered out of standard and
enhanced DBS disclosures, and are not stated on them. They should not therefore be asked to be
declared, or taken into account, by employers or HE providers.
The criteria by which a conviction becomes spent are NOT the same as those by which it become
eligible to be filtered out. All filtered convictions and cautions are spent, but not all spent
convictions and cautions are filtered. Some convictions and cautions will never be filtered, even
once they become spent. Details on the criteria for filtering are in Appendix C.
Summary of differences between ‘spent’ and ‘filtered’.
Broadly, the differences between whether a conviction is spent and whether it is also filtered fall
into three categories:
1. Length of time. The time that elapses before a conviction will be filtered out of a DBS
enhanced disclosure is significantly longer than the rehabilitation period after which a
conviction is spent.
2. Custodial sentence. Any conviction that resulted in a custodial sentence of any length
(including suspended sentences) will never be filtered out of a DBS enhanced disclosure,
whereas all convictions resulting in custodial sentences of two and a half years or less
(soon to become four years or less) will eventually become spent.
3. Multiple offences. If more than one conviction has been received, whatever the type or
length of sentence, no convictions for that individual will ever be filtered out of a DBS
enhanced disclosure; whereas the total number of convictions does not affect whether and
when they become spent. (Note however that cautions can still be filtered where there are
more than one or where there are also convictions).
All
Convictions
and
Cautions
Spent
Convictions
and
Cautions
Convictions
and
cautions
that will be
filtered
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SPA - Criminal convictions issues in admissions – Good practice statement DRAFT update Dec 2013
Examples:
Mr. A received a caution for a minor theft offence at the age of 16.
 This will become spent immediately.
 This will be filtered out of an enhanced DBS disclosure two years after it was received.
Miss B received a one-year sentence for possession of drugs at the age of 23, and was released
on licence after 8 months.
 This will become spent after four years following the end of the sentence (following 2014
changes to ROA; under present rules, after 10 years)
 This will never be filtered out of an enhanced DBS disclosure because it resulted in a
custodial sentence.
Mrs C was convicted, and received a fine for drink driving at the age of 31.
 This will become spent after 1 year (from 2014; under present rules, after 5 years)
 This will be filtered out of an enhanced DBS disclosure after 11 years, provided that Mrs C
does not go on to receive any further convictions.
If Mrs C were convicted of a further offence at the age of 45, her earlier drink driving conviction
would remain spent, but would now appear on an enhanced DBS disclosure because she now has
committed two offences in total, even though one of them is spent.
Mr D was convicted of attempted rape at the age of 24. He was given a custodial sentence of 10
years, of which he served 6 years.
 This offence will never become spent because it resulted in a custodial sentence of more
than 4 years.
 This offence will never be filtered out of an enhanced disclosure, because it resulted in a
custodial sentence and also is on the list of crimes which will never be filtered.
Ms E was cautioned for possession of class C drugs at the age of 15. She went on to receive a
further conviction for possession of class C drugs when she was 23 for which she was fined
£2,000.
 The caution will become spent immediately.
 The conviction will become spent after one year (from 2014; under present rules, after 5
years)


If Ms E applies for an enhanced DBS check at the age of 25, the caution will be filtered out
of it, because it was received more than 2 years ago and when aged under 18. The
conviction will be shown on her DBS check because it was received less than 11 years
ago.
If Ms E applies for an enhanced DBS check at the age of 35, neither offence will be
disclosed because they will both be more than the relevant number of years old.
:
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SPA - Criminal convictions issues in admissions – Good practice statement DRAFT update Dec 2013
Appendix E
Sample letter to an applicant who has indicated a relevant criminal conviction in an
application
Dear
Thank you for your application to [Institution Name]. In processing your form we have noticed that
you have made a positive declaration to the question regarding relevant criminal convictions. We
would like to establish the details of your situation so please complete the enclosed form and
return it to me as quickly as possible, noting the deadline date stated below.
The information you provide will be confidential to those involved in [Institution name]’s risk
assessment process in which it seeks to exercise a duty of care towards you as an individual, as
well as to students, staff and visitors. Following our consideration of the information you provide if
it is deemed necessary to investigate further, for example to undertake a Criminal Records Bureau
disclosure, we will seek your approval to do so.
If you wish to provide the details of a third party, such as a probation officer, with whom you
authorise the University to communicate about the background of your convictions and current
situation please give their full name, position and contact details when returning the form.
At this stage, the risk assessment process considers only those convictions that are relevant as
defined by UCAS, and are not deemed to be ‘spent’. If all of your convictions are spent or do not
come under the definition of “relevant”, please indicate that on the enclosed form and return it with
no further details. If you have made a positive declaration in error, and in fact do not have any
relevant criminal convictions, please state this on the form. If you would like support or help in
understanding whether your convictions are spent or relevant, you may find the charity Unlock
helpful – see www.unlock.org.uk
As your application cannot be considered further until a reply is received please ensure that your
response reaches me no later than DD Month Year. If we do not receive any reply by this date we
shall assume that you no longer wish to proceed with your application and it will be withdrawn.
Please contact me if you wish to discuss any aspect of this letter.
Yours sincerely,
XXXXXXXXXXX
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SPA - Criminal convictions issues in admissions – Good practice statement DRAFT update Dec 2013
Appendix F
Sample form to be completed by an applicant who has indicated a relevant criminal
conviction in an application
To:
XXXXXXXXXX,
APPLICANT’S NAME:
UCAS PID NUMBER:
Please give full particulars below of any relevant convictions for criminal offences that are not
spent under the Rehabilitation of Offenders Act 1974 (for these purposes a criminal offence
excludes motoring offences for which a fine and/or up to three penalty points were imposed).
Please also give details of any cases pending (or where you have been reported for consideration
of possible prosecution) concerning an alleged criminal offence.
Previous Convictions
State below in respect of each offence for which you have been convicted:
The nature and date of the
Name of court, date of conviction & sentence/fine
offence
imposed
Cases Pending (or for which you are under possible prosecution)
State below:
The nature of alleged offence with Expected date & place of trial (cases pending
date(s)
only)
(CONTINUE ONTO REVERSE OF PAGE IF NECESSARY)
In many cases, it is helpful for the HE provider to have an understanding of the circumstances of
an offence. If you would like to offer information of that nature at this stage, please provide a
separate letter or statement on the reverse of this form.
It may help the HE Provider to obtain further information from another source such as a probation
officer or social worker. If you are happy for us to contact such an individual, please give their
name, contact details and your agreement that we may contact them and seek information on your
offences and on their opinion of you.
I confirm that the information given on this form is true, complete and accurate and that no
information requested or other material information has been omitted.
Applicant’s ________________________________
signature
50
Date______________
Appendix G
Sample form for assessing risk in relation to applicants who have relevant criminal convictions
Name of Applicant:
UCAS PID Number:
Course Applied for:
Proposed Year of Entry:
Additional Notes
Did the applicant disclose
past convictions/cautions in
the application form?
Risk Assessment
If NO, question applicant about why:
Yes


If mitigating circumstances then complete assessment.
If no mitigating circumstances, end application process if
appropriate.
If YES, complete this assessment.
No
What was the offence?
(use additional forms if more
than one offence and not
sufficient space here)
RISK LEVEL IN RELATION
TO QUESTIONS:
HIGH
What was the sentence?
When
was
committed?
the
offence
Date:
51
MEDIUM
LOW
High
Medium
Low
Custodial
Suspended, community,
conditional discharge
Warning, caution,
reprimand, fine,
absolute discharge
High
Medium
Low
In the past 3 years
Between 3 and 10 years
More than 10 years
before
SPA - Criminal convictions issues in admissions – Good practice statement DRAFT update Dec 2013
Additional Notes
Is the type/nature of the offence
directly relevant to the programme
applied for?
Yes
Risk Assessment
High
Medium
Low
Yes
Some link between
offence and aspects of
course of study
No
High
Medium
Low
Yes
Some instances
No pattern
High
Medium
Low
Referees declare applicant
unsuitable
Referees share some
reservations
Referees declare
applicant suitable
High
Medium
Low
No
Some mitigating
circumstances
Yes
No
If yes, in what way?
Is there a pattern of specific
offences?
If yes, state nature of pattern:
Has
the
applicant
additional references?
Yes
No
supplied
How do the referees rate the
applicant’s suitability for attendance
at the HE provider and participation
in the life of the provider?
Does the applicant/referee offer
any
mitigating
circumstances
concerning past offence/s?
Yes
Yes
Yes
No
No
No
Any aggravating factors to take into account (e.g. intent/harm/exploitation/breach of
trust):
What has changed since offence occurred? (e.g. treatment etc)
Who else has been consulted about this disclosure (partner agencies/probation officer
etc):
Name:
Position:
Name:
Position:
Name:
Position:
Date consulted:
Date consulted:
Date consulted:
Reply:
Reply:
Reply:
Does the pre-sentencing report or any other official documentation provided indicate a
risk of reoffending?
Criminal Convictions Group – Declaration and Decision
52
Applicant’s attitude towards offence/s?
High
Medium
Low
SPA - Criminal convictions issues in admissions – Good practice statement DRAFT update Dec 2013
The Group understands the University’s policy on the recruitment of applicants with criminal convictions and has recognised this in its deliberations.
On consideration of the risk assessment form and other materials submitted by the applicant and others the Group believes that the applicant should/should not be
invited to proceed with the admissions process for the following reasons:
Signed:
Date:
Date applicant informed:
Copy of letter appended? Y/N
Details of additional attachments/appendices/reports/letter from applicant or referee or probation officer or similar
Form completed by:
(name)
(signed)
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(date)
SPA - Criminal convictions issues in admissions – Good practice statement DRAFT update Dec 2013
Appendix H
Guidance for a Criminal Convictions Group which may meet to consider an
application
Criminal Convictions Group Meeting
To consider the application of xxxx
This note may either refer to a specific applicant – xxxx – or may be a general and standard
guidance note not referring to a specific individual
Invited:
----------------------------------------------------------------------------------------------------------------Guidance Notes
Background
xxxx has applied to study on the xxxx Programme.
xxxx has provided:
 A brief, personal statement about his offence
 A Pre-sentence report
 A Probation report
 Other (details given)
Please see the attached information.
Risk Assessment
It falls to this Group to undertake a risk assessment of xxxx’s admission to the
University/College and/or whether it is possible to admit them to the particular course applied
for.
The Group may find reference to the University/College’s Risk Assessment Policy useful.
This can be found at: http://www.xxxx.ac.uk
Further, the Group may find it useful to use the attached Risk Evaluation Form as a way to
quantify the risk involved in xxxx’s admission.
A.
Questions and Discussion
During the Group’s deliberations, the questions that should be asked and discussed are:
1. Based on the information we have, does xxxx’s admission to the University/College
pose any risk to:
 other students
 staff
 other members of the community
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SPA - Criminal convictions issues in admissions – Good practice statement DRAFT update Dec 2013


the programme
the property of the HE provider
2. Is there a risk of re-offending?
3. Is there anything the University/College can do to mitigate and manage any risk?
(this may include a behavioural/conduct agreement – which Security/ Support
Services/Accommodation can comment on further).
4. Is it possible to admit them to the course/programme they wish to follow bearing in
mind the requirements of the relevant professional organisation/statutory
body/placement provider.
5. Does the Group need to ask for further information to be able to make a decision on
the risks involved?
B.
Conclusions
The Group may decide:
1. To reject xxxx’s application to study at the University/College
2. To accept xxxx to study at the University/College, but not to stay in its
accommodation
3. To accept xxxx to study at the University/College, and to stay in its accommodation
4. To accept xxxx to study at the University/College, but subject to certain other
requirements and support arrangements
5. To reject xxxx’s application to study on the particular course/programme requested,
but to indicate that it would be acceptable for them to apply for alternative courses.
6. To request further information before it makes a decision.
C.
Further action
The Group may also wish to discuss what action should be taken in relation to xxxx should
her/his behaviour at the University/College not be of an acceptable level. The action may
include:
1.
2.
3.
4.
Disciplinary action
Exclusion from the University/College
Requirement to adhere to a support programme
Other
The Group should also discuss and decide:
 who is responsible for monitoring xxxx’s behaviour.
 who in the University/College needs to be advised of the circumstances of xxxx’s
admission
XXXXXXXXXXXX
Head of Admissions
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SPA - Criminal convictions issues in admissions – Good practice statement DRAFT update Dec 2013
Appendix I
Professional, Statutory and Regulatory Bodies: their guidelines regarding the practice
of the professions they govern
Medicine
Medicine throughout the UK is regulated by the General Medical Council, who provide
detailed guidance on matters related to fitness to practise, and the expected character and
conduct of medical practitioners.
Of particular relevance are the GMC’s Medical Students: Professional values and fitness to
practise, including paragraphs 57-60, 64-69 and 84-88; and Tomorrow’s Doctors.
The Medical Schools Council also provides much relevant information and advice in relation
to fitness to practise and how this affects medical students and applicants to Medicine
courses, such as their Guiding Principles for the Admission of Medical Students.
Nursing and Midwifery
Nursing and Midwifery throughout the UK are regulated by the Nursing and Midwifery
Council, whose website provides detailed information on the character and conduct
expected of practitioners in these professions. Of particular relevance is their Guidance on
Professional Conduct for Nursing and Midwifery Students.
Dentistry
Dentistry throughout the UK is regulated by the General Dental Council, with Dental schools
and their students also coming under the Dental Schools Council. The latter’s website has
some information about the character and conduct expected of dental students, including
Guiding Principles for the Admission of Dental Students.
Pharmacy
Pharmacy in England, Wales and Scotland is regulated by the General Pharmaceutical
Council. Their website carries some detailed guidance for students on codes of conduct and
fitness to practise, including matters relating to criminal convictions. The Pharmaceutical
Society of Northern Ireland regulates this profession in Northern Ireland, and they use the
identical fitness to practise statement for students as the General Pharmaceutical Council.
Social Work and Health Care
Professions and courses in these areas in England come under the Health and Care
Professions Council (HCPC). Their website outlines in some detail their Social Work Student
Suitability Scheme, which is of particular relevance, including pages on considerations in the
admission of students.
The HCPC has a memorandum of understanding with its counterparts for the other countries
of the UK, the Care Council for Wales, the Northern Ireland Social Care Council and the
Scottish Social Services Council, which includes social work education. The codes of
conduct and good character requirements for registration are comparable across the four
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SPA - Criminal convictions issues in admissions – Good practice statement DRAFT update Dec 2013
bodies; more details can be found on the websites for the bodies for Wales, Northern Ireland
and Scotland.
Teaching
Teachers in Scotland are regulated by the General Teaching Council for Scotland. Their
website contains information about fitness to teach including criminal convictions matters.
Teachers in Wales are regulated by the General Teaching Council for Wales. There are a
number of documents on their website relevant to the issues of professional conduct,
although not generally aimed at the application stage for teacher training courses.
Teachers in Northern Ireland are regulated by the General Teaching Council for Northern
Ireland. Again, their website has information and documentation relating to professional
standards, but this is not specifically aimed at applicants to teacher training courses.
Teachers in England are regulated by the National College for Teaching and Leadership.
This is a relatively new organisation, and at the current time there is no information on their
website specifically relating to good conduct or criminal convictions matters for students /
applicants to teacher training courses.
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SPA - Criminal convictions issues in admissions – Good practice statement DRAFT update Dec 2013
Appendix J
Acknowledgements
In preparing this good practice statement SPA has received extremely valuable assistance
from a number of colleagues in the following universities and colleges and organisations,
both in commenting on the draft statement at various stages in the process and in sharing
their policies, procedures and documentation with SPA. SPA thanks them and the many
others who have commented at conferences and events.
Universities and colleges:
Abertay
Arts Institute of Bournemouth
Bath
Bournemouth
Brighton
Bristol
Brunel
Buckinghamshire New
Cambridge
Canterbury Christchurch
Cardiff
Chester
Chichester
Coventry
De Montfort
Derby
Dundee
Durham
East Anglia
Edge Hill
Edinburgh
Edinburgh (Medicine and Veterinary Medicine)
Exeter
Glamorgan
Heriot Watt
Huddersfield
Hull
Keele
Lancaster
Leeds Metropolitan
Lincoln
London South Bank
Loughborough
Middlesex
Newcastle
NEWI
Newman
Nottingham
Nottingham Trent
Portsmouth
Queen's Belfast
Reading
Sheffield
Staffordshire
Strathclyde
UCL
Ulster
UWIC
Westminster
Writtle
Academic Registrars’ Council – Admissions Practitioners’ Group
Access Northern Ireland
Association for Student Residential Accommodation (ASRA)
Children, Young People and Social Care Directorate, The Scottish Government
Criminal Records Bureau / Disclosure and Barring Service
Department for Business, Innovation and Skills, England
Disclosure Scotland
NACRO, the crime reduction charity
Nursing and Midwifery Council
Oxford Centre for Higher Education Policy Studies (OXCHEPS)
Professor Philip Martin, Pro Vice-Chancellor, De Montfort University
Rob Dawson, Institutional Compliance Officer, University of Chester and Chair, CRB Education Subgroup
Royal College of Nursing
UCAS
Universities UK
Unlock, with particular thanks to Christopher Stacey
58