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Summary on Criminal Records Bureau Checks
Summary on Criminal Records Bureau Checks
The Royal Borough of Kingston (RBK) has a legal obligation to protect vulnerable customers and client groups from criminal activity. RBK aims to promote equality of opportunity for all, and recognises the importance of employment in the rehabilitation of ex-offenders.
Criminal records will be taken into account for recruitment purposes only when a conviction is relevant. Unless the nature of work demands it, applicants will not be asked to disclose convictions which are spent under the Rehabilitation of Offenders Act 1974. Having an 'unspent' conviction will not necessarily bar applicants from employment, and will depend on the circumstances and background to the offence(s).
Applicants who are offered employment to posts exempted under the Rehabilitation of Offenders Act 1974, will require a disclosure from the CRB before an appointment can be confirmed. These include the posts that involve working with children or vulnerable adults. The disclosure will include details of cautions, reprimands or final warnings, as well as convictions.
Criminal Records Bureau
Under amendments made to Part V of the Police Act 1997, the Criminal Records Bureau (CRB) was set up by the Home Office, largely as a response to public concern about the safety of children and vulnerable adults.
Criminal Records Bureau Code of Practice
RBK complies fully with the Code of Practice issued by the Criminal Records Bureau, ensuring that information released in disclosures is used fairly and handled and stored appropriately.
All employees involved in the disclosure process and in making employment related decisions, are provided with guidance on employing people with convictions, legislative requirements and the CRB Code of Practice. A full copy of the Code of Practice is available on request or can be accessed at the Criminal Records Bureau website.
Use of Disclosure Information
A disclosure will only be requested following a successful interview. It is the responsibility of the Council as employer, to decide whether a person subject to a check should be appointed to or continue in a post, taking into account duties under the Criminal Justice and Court Services Act 2000 and any other relevant legal or regulatory requirements.
Applicants who have lived outside the UK within the last five years will be requested to obtain an overseas police check from the country they had residence in. They will also be required to sign a declaration relating to starting employment prior to receiving an up to date CRB Disclosure deemed satisfactory by the Council.
Applicants are invited to provide any additional information which may improve understanding and fair decision making. Before an employment related decision is made, the applicant will be given an opportunity to discuss any issues revealed in the disclosure.
When a disclosure or other information reveals an offence the following will also be considered in decision making:
- The seriousness of the offence and its relevance to the safety of other employees, customers, clients and property.
- The length of time since the offence occurred.
- Any relevant information offered by the applicant about the circumstances which led to the offence being committed.
- Whether the offence was a one-off, or part of a history of offending.
- Whether the applicant’s circumstances have changed since the offence was committed, making re-offending less likely.
- The degree of remorse, or otherwise, expressed by the applicant and their motivation to change.
Decisions will be made as soon as possible after the disclosure is received.
Security and Confidentiality
RBK is a Registered Body with the Criminal Records Bureau and as such is responsible:
- Controlling access to the information on the disclosure.
- Ensuring the security of that information, storing and destroying the information and ensuring that the necessary identification checks of the applicant have been made.
- Ensuring disclosures are received, handled and interpreted in compliance with the Code of Practice and follow any guidance issued by the CRB.