YMDDIRIEDOLAETH GIG CEREDIGION A CHANOLBARTH CYMRU CEREDIGION AND MID WALES NHS TRUST POLICY FOR EMPLOYING EX OFFENDERS AND PEOPLE WITH A CRIMINAL RECORD Author Original Date This Revision Next by cheesepie7

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									YMDDIRIEDOLAETH GIG CEREDIGION A CHANOLBARTH CYMRU
         CEREDIGION AND MID WALES NHS TRUST




               POLICY FOR EMPLOYING
              EX-OFFENDERS AND PEOPLE
              WITH A CRIMINAL RECORD




Author             HR Department   Equality impact          TBC
Original Date      2004            Equality assessment done Initial screening   Full Impact
This Revision      June 2006                                No                  Assessment No
Next Review Date   June 2009       Review Body              JNC
Approved by        JNC             Policy Number            HR49
Date of Approval   October 2006    Classification           Human Resources




                                        Page 1 of 10
             POLICY FOR EMPLOYING EX-OFFENDERS
             AND PEOPLE WITH A CRIMINAL RECORD


CONTENTS                                                    PAGE


1.   POLICY STATEMENT                                        3

2.   SCOPE OF THE POLICY                                     3

3.   REHABILITATION OF OFFENDERS ACT 1974                    3

4.   DISCLOSURE STATEMENT                                    4

5.   USE OF DISCLOSURE INFORMATION                           4

6.   WITHDRAWING AN OFFER OF EMPLOYMENT                      5

7.   TRAINING AND AWARENESS                                  5

8.   EQUALITY                                                5

9. DATA PROTECTION 1998                                      6

10. FREEDOM OF INFORMATION ACT 2000                          6

11. RECORDS MANAGEMENT                                       6

12. MONITORING                                               7

13. REVIEW                                                   7

APPENDIX 1      Rehabilitation Period Per Sentence           8


APPENDIX 2      Excepted Professions, Offices, Employment
                and Work                                     10




                                   Page 2 of 10
              POLICY FOR EMPLOYING EX-OFFENDERS
              AND PEOPLE WITH A CRIMINAL RECORD


1.   POLICY STATEMENT

     Ceredigion NHS and Mid Wales NHS Trust provides equality of opportunity
     for all job applicants with the required qualifications, experience skills,
     knowledge and personal qualities as outlined in the person specification for
     the post. Therefore, the Trust welcomes applications from a diverse range of
     applicants, including ex-offenders and those with a spent or unspent criminal
     record.

     In accordance with the Rehabilitation of Offenders Act 1974, an applicant’s
     criminal convictions will only be taken into account during the recruitment
     process, where it is relevant to the post applied for. As the Trust has an
     exemption order under the above Act, any cautions, reprimands or final
     warnings, which are not criminal convictions, will also be considered as part
     of this process.

     Having a conviction will not necessarily prevent applicants from being
     appointed to posts within the Trust. This will depend on the nature of the post
     that the applicant has applied for and the circumstances and background to
     their offence(s).

2.   SCOPE OF THE POLICY

     This policy applies to all applicants who apply for a post within the Trust. As
     the Trust has an exemption order, which overrules the employment rights of
     ex-offenders, as outlined in the Rehabilitation of Offenders Act 1974 i.e. they
     do not have the right to conceal information in respect of spent convictions
     when applying for jobs within the National Health Service (NHS). All
     applicants are therefore required to disclose on their application form, any
     information regarding spent or unspent criminal convictions, cautions, bind
     overs, reprimands or final warnings.

3.   REHABILITATION OF OFFENDERS ACT 1974

     The Rehabilitation of Offenders Act was introduced to help restore the
     reputation of individuals who had been convicted of an offence but have since
     reformed and not committed any further offences. The Act specifies the period
     of time that an offender is required to disclose previous convictions etc,
     including when applying for a job. Details of specific sentences / periods are
     set out within Appendix 1 of this policy.

     Exceptions Order 1975

     There is an Exceptions Order within the Act, which sets out when the non
     disclosure of an offence does not apply. The Order covers posts that involve

                                   Page 3 of 10
     particular risks, such as work with children or vulnerable adults, provision of
     health and care services and financial services. Where applicants are
     applying for a post that will require them to work with patients or deal with
     financial matters they are required to disclose all their previous convictions,
     whether they are ‘spent’ or ‘unspent’. A list of Excepted professions, offices,
     employment and work set is out in Appendix 2.

     The majority of Trust posts are exempt from the Act, as this legislation sets
     out that:

     “Where a post is concerned with the provision of health services and it is of
     such of a kind that requires the post holder to have access to persons in receipt
     of healthcare services, in the course of their normal duties”
                                         Extract based on wording taken from the Exceptions Order (1975)


            then the applicant is required to disclose ‘spent’ as well as ‘unspent’
            convictions on their application form.

     Should applicants require any additional information regarding how this act
     applies to their application, they should contact their local Probation Officer,
     Citizen Advice Bureau, solicitor, or consult the Home Office’s rehabilitation
     document on their website:

                      http://www.homeoffice.gov.uk/justice

4.   DISCLOSURE STATEMENT

     To ensure that all job applicants are familiar with the Trust’s Disclosure
     Policy, all job advertisements will clearly state if a Disclosure Check is a
     requirement for the post and our application form will contain a statement that
     will inform applicants that they are required to disclose any unspent or spent
     criminal convictions, cautions, bind overs, reprimands or final warnings, as
     part of the recruitment process.

5.   USE OF DISCLOSURE INFORMATION

     The Trust provides recruitment interview training for all of its managers,
     which covers the Rehabilitation of Offenders Act 1974 and the CRB’s Code of
     Practice in relation to employing ex-offenders. Managers are also provided
     with relevant information regarding this aspect of the recruitment process in
     the Trust’s policy and procedure for dealing with disclosure of a criminal
     background for those employed to work with patients and children. This
     training and information ensures that all interview panel members are able to
     identify and assess the relevance of convictions, cautions, reprimands and final
     warnings and explore the circumstances and background sensitively with
     candidates who are shortlisted for interview.

     Where an applicant discloses information regarding convictions etc. on their
     application form, the Trust will ensure that this information is treated
     confidentially and only divulged to those who need to access it for recruitment
                                    Page 4 of 10
     processes i.e. interview panel members and Human Resources Department
     staff.

     Interview panel members will hold an open discussion with candidates who
     disclose that they have a spent or unspent conviction, caution, bind over,
     reprimand or final warning at interview. The purpose of this discussion is to
     explore the circumstances and background to their conviction etc. and their
     rehabilitation, to assess their suitability for employment in the post.

6.   WITHDRAWING AN OFFER OF EMPLOYMENT

     Where an applicant has a conviction, caution, bind over, reprimand or final
     warning and they fail to disclose this information on their application form, it
     may result in the withdrawal of an offer of employment. The matter will also
     be reported to the Counter Fraud Specialist who may carry out an
     investigation.

     The Trust reserves the right to withdraw an offer of employment following a
     CRB Disclosure Check, where it reveals a conviction, etc, which renders the
     appointee unsuitable to work directly or indirectly with patients / children or a
     finance related post.

     In such circumstances, the lead interview panel member will contact the
     appointee to discuss the information divulged in the Disclosure Check and
     explain why the offer of employment is being withdrawn.

     In accordance with the Rehabilitation of Offenders Act (1974) Exception
     Order, all applicants are required to disclose information in respect of unspent
     and spent convictions, cautions, reprimands and final warnings on their
     application form. Where applicants fail to disclose this information and it is
     later found that they have a conviction, etc. it may result in disciplinary action,
     which may include dismissal.

7.   TRAINING AND AWARENESS

     All staff will be made aware of this policy upon commencement with the Trust
     at either Trust or departmental induction. Copies can also be viewed on the
     Trust’s Intranet or obtained via the HR department. Training of such policies
     may also be provided at training sessions which all staff will be informed of
     via Hysbysrwydd or their line manager in advance.

8.   EQUALITY

     The Trust recognises the diversity of the local community and those in its
     employ. Our aim is therefore to provide a safe environment free from
     discrimination and a place where all individuals are treated fairly, with dignity
     and appropriately to their need. The Trust recognises that equality impacts on
     all aspects of its day to day operations and has produced an Equality Policy
     Statement to reflect this. All policies and procedures are assessed in

                                     Page 5 of 10
      accordance with the Equality initial screening toolkit, the results for which are
      monitored centrally.

      All candidates shortlisted for interview will be selected on the basis of their
      qualifications, experience, skills, knowledge and personal qualities as
      specified in the post’s job description, person specification and Knowledge
      and Skills Framework (KSF) Outline. The declaration of a conviction etc. will
      not necessarily prevent applicants from being shortlisted for interview or
      appointed to posts within the Trust. Conviction information will only be
      considered, to determine the candidate’s suitability in respect of the post
      applied for.

9.    DATA PROTECTION ACT 1998

      The Data Protection Act 1998 protects personal data (for a definition and more
      information see the Data Protection Policy), which includes information about
      staff, patients and carers. The NHS relies on maintaining the confidentiality
      and integrity of its data to maintain the trust of the community. Unlawful of
      unfair processing of personal data may result in the Trust being in breach of its
      Data Protection obligations.’

10.   FREEDOM OF INFORMATION ACT 2000

      Any information that belongs to the Trust may be subject to disclosure under
      the Freedom of Information Act 2000. From the 1 January 2005, the Freedom
      of Information Act 2000 allows anyone, anywhere to ask for information held
      by the Trust to be disclosed (subject to limited exemptions). Further
      information is available in the Freedom of Information Act 2000 Policy.

11.   RECORDS MANAGEMENT

      Records are created or received in the conduct of the business activities of the
      Trust and provide evidence and information about these activities. All records
      are also corporate assets as they hold the corporate knowledge about the Trust.
      The Trust has a Records Management Strategic Framework and a Records
      Management Policy for dealing with records management that are consistent
      with:

      a)   WHC (2000) 71 – For the Record: Managing records in NHS Trusts and
           Health Authorities
      b)   The Lord Chancellor’s Code of Practice on the Management of Records
           under Section 46 of the Freedom of Information Act 2000 (November
           2002)

      Compliance with and the application of this policy will ensure that the Trust’s
      records are complete, accurate and provide evidence of and information about
      the Trust’s activities for as long as is required.



                                     Page 6 of 10
12.      MONITORING

         The application of this policy will be monitored on an ongoing basis in
         conjunction with the Recruitment and Selection Procedure to ensure the Trust
         is compliant with all relevant bodies.

13.      REVIEW

         This policy will be reviewed in 3 years time. Earlier review may be required
         in response to exceptional circumstances, organisational change or relevant
         changes in legislation or guidance.

Signed on behalf of the Staff Side


Signed:

Name:

Title:

Date:

Signed on behalf of the Management Side


Signed:

Name:

Title:

Date:




                                       Page 7 of 10
                                                                         APPENDIX 1

            REHABILITATION PERIOD PER SENTENCE

                               Period of Good Conduct Needed for Conviction to
        Sentence                               become ‘Spent’
                                Aged 17 and Under         Aged 18 and over

 Prison for more than 2 ½            Never Spent                    Never Spent
           years
  Imprisonment for Life
  Preventative Detention
    Detention during her
 Majesty’s Pleasure or for
            Life
Youth Custody Detention
   in a Young Offenders
 Institution or Corrective           Never Spent                    Never Spent
 Training for a period of
    more than 2 ½ Years
  Prison for more than 6
 months but less than 2 ½               5 years                       10 Years
           years
Prison for 6 months or less
                                      3 ½ Years                       7 Years
  Detention for over 6
months but less than 2 ½              2 ½ Years                       5 Years
          years
Detention for 6 months or
           less                       1 ½ Years                       3 Years
  A Final Community
     Service Order                    2 ½ Years                       5 Years

 An Absolute Discharge                 6 Months                       6 Months

                              1 Year after the conviction    1 Year after the conviction
A Conditional Discharge       of the order or 1 year after   of the order or 1 year after
                              the order ends, whichever      the order ends, whichever
                                     is the longer                  is the longer
 Dismissal with disgrace
    from HM Service                    10 Years                       10 Years

   Dismissal from HM
        Service                        7 Years                        7 Years




                                      Page 8 of 10
                                      Period of Good Conduct Needed for Conviction to
         Sentence                                     become ‘Spent’
                                       Aged 17 and Under         Aged 18 and over
  Detention in respect of
   conviction in service                          5 years                                    5 years
 disciplinary proceedings

   Sentence of Borstal                            7 Years                                   7 Years
        Training

   A term of Probation                            5 Years                                   5 Years

                                    1 Year after the conviction                1 Year after the conviction
     Probation Order                of the order or 1 year after               of the order or 1 year after
                                    the order ends, whichever                  the order ends, whichever
                                           is the longer                              is the longer
                                    1 Year after the conviction                1 Year after the conviction
        Bind Over                   of the order or 1 year after               of the order or 1 year after
                                    the order ends, whichever                  the order ends, whichever
                                           is the longer                              is the longer
                                    1 Year after the conviction                1 Year after the conviction
Care or Supervision Order           of the order or 1 year after               of the order or 1 year after
                                    the order ends, whichever                  the order ends, whichever
                                           is the longer                              is the longer

         A Fine                                2 ½ Years                                   5 Years
     Disqualification                        The period of                              The period of
                                            disqualification                           disqualification


N.B. Sentences exceeding 2 ½ years are never spent. In such cases it is the sentence
imposed by the court which is relevant and not the length of time actually served in
prison / young offender’s institution. A sentence counts in the same way, whether an
individual is actually sent to prison or the sentence is suspended.

Where an individual received two or more prison sentences in the course of the same
court case, the rehabilitation period depends on whether the sentences are ordered to
take effect concurrently (at the same time) or consecutively (one after the other).

For example, if two, six month sentences are to be served concurrently, the
convictions are treated separately, giving each conviction a rehabilitation period of
seven years (aged 18 years and over).

If the sentences are to be served consecutively, they are treated as a single term of 12
months, with a rehabilitation period of 10 year (aged 18 years and over).

              Source: The Liberty Guide to Human Rights - Spent Convictions and the Rehabilitation of Offenders (2002)


                                                Page 9 of 10
                                                                  APPENDIX 2


EXCEPTED PROFESSIONS, OFFICES, EMPLOYMENTS AND WORK

Listed below are the relevant excepted NHS professions set out in the Act:

•   Medical practitioner.

•   Chartered accountant, certified accountant.

•   Dentist, dental hygienist, dental auxiliary.

•   Nurse, midwife.

•   Ophthalmic optician, dispensing optician.

•   Pharmaceutical chemist.

•   Any profession to which the Professions Supplementary to Medicine Act 1960
    applies and which is undertaken following registration under that Act.

•   Registered osteopath.

•   Registered chiropractor.

•   Chartered psychologist.

•   Any employment or other work which is concerned with the provision of care
    services to vulnerable adults and which is of such a kind as to enable the
    holder of that employment or the person engaged in that work to have access
    to vulnerable adults in receipt of such services in the course of his normal
    duties.




                                   Page 10 of 10

								
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