Recruitment of Ex-Offenders Policy & Guidance - April 2024

Procedures

Declaration of convictions

For all job roles, the Council will ask applicants about their convictions and cautions. The declaration will be provided to Recruiting Manager immediately after the preferred candidate has been selected, to enable the manager to act promptly to undertake a risk assessment to determine if the recruitment can proceed, and if so to consider if safeguards in the workplace are appropriate. See Appendix 1: Declaration of convictions

Self-disclosure Form

Where a DBS check is to form part of the recruitment process, the preferred candidate will be asked to complete a self-disclosure form. This information is provided confidentially to the recruiting manager or chair of the interview panel. This information will only to be seen by those who need to see it as part of the recruitment process. Recruiting managers will hold an open and measured one-to-one discussion on the subject of any offences or other matters that might be relevant to the position. See Appendix 2: Self Disclosure form.

Disclosure and Barring Service certificates.

Storage and access - Certificate information, i.e., disclosure reference number is kept in a secure HR system and is only accessible by the system administrators.

Handling - In accordance with section 124 of the Police Act 1997, certificate information is only passed to those who are authorised to receive it in the course of their duties. We maintain a record of all those to whom certificates or certificate information has been revealed and it is a criminal offence to pass this information to anyone who is not entitled to receive it.

Usage - Certificate information is only used for the purposes of recruitment and continuous employment for which it was requested and for which the applicant’s full consent has been given.

Retention - Once a recruitment (or other relevant) decision has been made, we do not keep certificate information for any longer than is necessary.

In the case of unsuccessful recruitment, this is generally for a period of 18 months after recruitment has been completed, to allow for the consideration and resolution of any disputes or complaints. If, in very exceptional circumstances, it is considered necessary to keep certificate information for longer, we will consult the vetting body about this and consider the Data Protection and Human Rights of the individual before doing so.

In the case of successful recruitment, or re-checking of existing staff and volunteers, the information will remain on the employee file for 3 years after which a new check will be requested.

Throughout this time, the usual conditions regarding the safe storage and strictly controlled access will prevail.

Disposal - Once the retention period has elapsed, we will ensure that any certificate information is destroyed by secure means. While awaiting destruction, certificate information will be kept securely.

We will not keep any photocopy or other image of the certificate or any copy or representation of the contents of a certificate. However, we will keep a record of the date of issue of a certificate, the name of the subject, the type of certificate requested, the position for which the certificate was requested, the unique reference number of the certificates and the details of the recruitment decision taken as part of the employee personal file.

Acting as an umbrella body - As an umbrella body (an umbrella body being a registered body which countersigns applications and receives certificate information on behalf of other employers or recruiting organisations), we will take all reasonable steps to satisfy ourselves that the employing organisation will handle, use, store, retain and dispose of certificate information in compliance with the code of practice and in accordance with this policy.

Ensuring Equality of Treatment - All employees are required to adopt a positive, open and fair approach and ensure the Authority’s Equality and Diversity policy is adhered to and applied consistently to all irrespective of race, colour, nationality, ethnic or national origins, disability, religion and belief or non-belief, age, sex, gender reassignment, gender identity and gender expression, sexual orientation, pregnancy or maternity, marital or civil partnership status.

In addition, the Welsh Language Standards ask us to ‘ensure that the Welsh language is treated no less favourably than the English language’ and this principle should be adopted in the application of this policy. If you have any equality or diversity concerns in relation to the application of this policy and procedure, please contact a member of the HR team who will, if necessary, ensure the policy / procedure is reviewed accordingly.

If you require this publication in an alternative format, please contact CEDuty@carmarthenshire.gov.uk

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