Posts Requiring Pre-Employment Criminal Records Checks Background Information Establishing which check is relevant to the role When establishing which posts should be subject to pre-employment criminal records checks, it is vital that due consideration is given to assessing whether or not the post is considered exempt from the Rehabilitation of Offenders Act 1974. This will be the key factor in deciding which level of check, if any, is appropriate. The Safeguarding Vulnerable Groups Act 2006 also makes provision for the protection of children and vulnerable adults, stating when criminal record checks are required. 1. Standard/Enhanced Disclosure checks Under the Rehabilitation of Offenders Act 1997, ex-offenders need not provide employers with details of spent criminal records. However, the Exceptions Order to the Rehabilitation of Offenders Act 1974 recognises that there are certain posts for which it will be necessary for the employer to be aware of all spent and unspent criminal records as part of the recruitment process. Exempted occupations are categorised as: a) work involving contact with vulnerable groups such as the infirm, elderly, mentally ill and young people under the age of 18. b) professions that have legal protection e.g. nurses, doctors, dentists, chemists, accountants. c) posts concerned with the administration of justice e.g. police officers, lawyers, probation officer, traffic wardens d) health service appointments e) work involving matters of national security e.g. some civil service posts, defence contractors etc When recruiting to posts which are relevant to these criteria, the University may require a satisfactory Standard or Enhanced Disclosure check as part of the recruitment process. 2. Basic Check – Disclosure Scotland There are positions of trust across the University which may not meet the eligibility criteria for the current Disclosure system, but the responsibilities of the post require some confirmation of unspent criminal record status. The Basic Disclosure will contain details of convictions held in the central police records which are unspent or will state that there are no such records. General Points All checks for staff will be administered centrally by the Department of Human Resources in conjunction with the applicant. Posts Requiring Pre-employment Criminal Records Checks This list was approved by the Human Resource Management Committee 18 November 2004, and has been subject to regular review by the Director of HRM Background Information: TYPE OF Summary of checks available REQUIRED FOR INFORMATION PROVIDED CHECK REQUESTED CRB TARGET COST FROM CRB ISSUE TIME (at August 2011) BY STANDARD Posts that involve positions of trust (e.g. legal Data on the Police National Individual – and accountancy professional roles) Computer - includes unspent and must be spent convictions, plus cautions, countersigne reprimands or warnings. d by a 2 Weeks £26 4 Weeks £44 Registered Body ENHANCED Posts which involve working with children or As for Standard level checks plus a Individual – vulnerable adults; also judicial appointments check on local police must be and certain statutory licensing purposes information/current investigations countersigne which may be provided in d by a confidence to employer only. Registered 3 For posts that involve working with Body children/vulnerable adults the lists administered by the Independent Safeguarding Authority will be checked BASIC Some types of employment or volunteering Information held at national level about unspent convictions on central police records 4 Individual 5 days £23 Posts Requiring Pre-employment Criminal Records Checks The following was approved by the Human Resource Management Committee 18 November 2004, and has been subject to review by the Director of HRM Eligibility for CRB checks – working with Children/Vulnerable Adults Staff appointed to carryout work involving the following would require an Enhanced CRB check: Any activity of a specified nature that involves contact with children or vulnerable adults frequently, intensively/or overnight (includes teaching, training, care, supervision, advice, treatment and transportation). Any activity allowing contact with children or vulnerable adults that is in a specified place, frequently or intensively (includes schools, children’s homes and hospitals, juvenile detention facilities, adult care homes). Frequent or intensive support work in general health settings, and the NHS (includes cleaners, caretakers, shop workers, catering staff, car park attendants and receptionists), may be eligible for a CRB check, depending on the nature of the role and on NHS trust requirements - for further advice please contact your customary HR Adviser. Definitions Frequent/intensive 5 This is when the activity takes place once a week or more (frequent), takes place on four or more days in a 30 day period (intensive), or overnight (between 2-6am). Children Those under the age of 18. Vulnerable adult Includes those aged 18 or over and: (a) they are in residential accommodation/sheltered housing, (b) they receive any form of health care/care at home, (c) they are detained in lawful custody; or (d) they require assistance in the conduct of their own affairs. This list is not exhaustive; please contact your customary HR Adviser if you need further guidance. Accommodation & Campus Services Accommodation Residential Tutors in Halls Services of Residence Yes Providing care services to students who may be vulnerable 6 Enhanced Disclosure Portering Services Halls of Residence Porters Yes Unsupervised access within a residential Enhanced Disclosure environment to students in receipt of care services who may be vulnerable Security Staff Yes Unsupervised access across campus, Enhanced Disclosure therefore working with potentially vulnerable adults and children at times Rotating Shift Porter Yes (working in the residences) Unsupervised access within a residential Enhanced Disclosure environment to students in receipt of care services who may be vulnerable Alternating Shift Porter Yes (working in the residences) Unsupervised access within a residential Enhanced Disclosure environment to students in receipt of care services who may be vulnerable Any Porters within clinical Yes areas Licensees Finance Management Accountant Unsupervised access to vulnerable Enhanced Disclosure adults and children Dependent Position of trust (currently apply to upon area Magistrates Court and Gaming Board) Yes Financial Management recognised as Standard Disclosure may apply Standard Disclosure area of responsibility vulnerable to fraud Clerical Staff No Where staff have access to cash etc 7 Basic Check -Disclosure Scotland Human Resources HR All staff No Access to confidential personal files Basic Check - Disclosure Scotland HR- Staff Clinical staff Yes Access to patients on a one-to-one Enhanced Disclosure Occupational unsupervised basis and to medical Health Unit records Support staff Yes Enhanced Disclosure Access to confidential medical/personal files Student Services Student Services Non-medical student Yes helper Counselling Counsellor Enhanced Disclosure may be vulnerable Yes Services Chaplaincy Providing care services to students who Providing care services to staff who may Enhanced Disclosure be vulnerable Chaplains Yes Providing advice to staff and students Enhanced Disclosure who may be vulnerable University Health Clinical Staff Yes Providing care services to patients on a Service one-to-one unsupervised basis and (including access to medical records Ranmoor Clinic) Support Staff Enhanced Disclosure. Yes Access to confidential medical/personal files 8 Enhanced Disclosure USport Staff whose normal duties Yes Supervising or having unsupervised involve contact with children which may involve supervising/unsupervised physical contact and establishing trust contact with children e.g. recreation assistants, swimming instructors/ assistants Staff with occasional access No to children and vulnerable groups e.g. managerial staff, adult fitness instructors, maintenance staff 9 Enhanced Disclosure