We are committed to equality of opportunity for all job applicants and aim to select people for roles with us based on their skills, abilities, experience, knowledge and, where needed, qualifications and training.
Therefore, we will consider applicants who have a criminal record on their individual merits. However, our approach depends on the job, and whether it is covered by, or exempt from, the Rehabilitation of Offenders Act 1974.
For Roles covered by the Rehabilitation of Offenders Act
Many roles with our organisation are covered by the Rehabilitation of Offenders Act 1974, which means that job applicants for these jobs cannot be treated unfavourably because they have a spent conviction. We will not automatically refuse someone’s application just because they have a previous criminal conviction.
During the recruitment process, we will ask applicants to disclose unspent convictions. We will not however ask applicants questions about spent convictions or expect anyone to disclose spent convictions.
If an applicant has a conviction that is unspent and if the nature of the offence is relevant to the job they are applying for, we will review the individual circumstances and may, at our discretion, not select the individual.
For Roles that are exempt from the Rehabilitation of Offenders Act
Some roles with our organisation are exempt from the Rehabilitation of Offenders Act 1974, which means that applicants for these jobs can be refused the role where they have a spent conviction. These are generally roles which are in or are supervising those in regulated activity with Children or Vulnerable Adults.
If the role an individual is applying for is one of the excluded roles, we will require them to disclose all convictions, whether they are spent or unspent (other than protected cautions and protected convictions, which do not need to be disclosed depending on the role concerned). Even in these circumstances, we will not necessarily refuse the applicant unless the nature of the conviction has some relevance to the role, and this is usually if the conviction is related to safeguarding.
If the role is exempt, we will, if we select an applicant as the person we would like to offer the role, seek documentary evidence to establish whether they have any criminal convictions by requesting an enhanced with DBS barred lists check (as appropriate). This will then be risk-assessed by the Diocesan Safeguarding Officer who will, in consultation with the Diocesan Secretary, decide whether the applicant may be offered the role.
Disclosure and Barring Service (DBS) Checks
As an organisation assessing applicants’ suitability for role which are included in the Rehabilitation of Offenders Act 1974 (Exceptions) Order using criminal record checks processed through the Disclosure and Barring Service (DBS), we willcomply fully with the DBS code of practice and undertake to treat all applicants for positions fairly.
We will only ask an individual to provide details of convictions and cautions that we are legally entitled to know about. Where a DBS certificate at either standard or enhanced level can legally be requested (where the position is one that is included in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 as amended and, where appropriate, Police Act Regulations as amended and the Police, Crime, Sentencing and Courts Act 2022.
An application for a criminal record check will only be submitted to DBS after a thorough risk assessment has indicated that one is both proportionate and relevant to the position concerned. For those positions where a criminal record check is identified as necessary, all application forms, adverts and recruitment briefs will contain a statement that an application for a DBS certificate will be submitted in the event of the individual being offered the position.