EMPLOYEE VETTING PROTOCOL
TABLE OF CONTENTS
Who This Policy Applies To 2.1
ROLES AND RESPONSIBILITIES 4.0
Recruitment Panel Chair 4.1
Human Resources 4.2
THE CRIMINAL RECORDS BUREAU (CRB) 5.0
Standard Disclosure 5.1
Enhanced Disclosure 5.2
VETTING STANDARDS 6.0
Minimum vetting levels 6.1
Disclosure of criminal convictions 6.2
Temporary employees 6.3
Internal transfers 6.4
Transfer from other Probation Services 6.5
Seconded staff 6.6
RECRUITMENT OF APPLICANTS WITH CRIMINAL CONVICTIONS 7.0
Outstanding Charges or Summons 7.1
Non Disclosure of Criminal Conviction 7.2
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CORRECT HANDLING, SAFEKEEPING AND DESTRUCTION OF
DISCLOSURE INFORMATON 8.0
APPLICATION TO EXISTING STAFF
MONITORING AND REVIEW 9.0
Guidance on Criminal Offences 1
Offences with timeframes
London Probation Final Version Feb 2007
1.1 The employee vetting policy sets out the minimum levels of vetting for all
staff recruited by London Probation.
1.2 In determining appropriate standards for recruitment London Probation
counts a candidates previous conduct and behaviour.
1.3 London Probation is committed to the fair treatment of its employees and
applicants and no individual will be unlawfully discriminated.
2.1 Who this Policy Applies To
This policy applies to all applicants (external and internal) applying for
positions within London Probation as well as secondees and redeployees.
The purpose of vetting candidates is to:
protect children and other vulnerable people to whom London
Probation staff are delivering services;
Comply with PC 69/03 issued by the NPD
achieve a level of confidence in staff recruited to positions of trust;
ensure the transparency of the decision making process in
ensure that London Probation complies with the law, and ensure that
London Probation with information security standards.
Any documentation relating to the vetting will be treated confidentially and
will be disclosed on a ‘need to know’ basis.
‘Criminal Conviction’ means a finding of guilt by a criminal court.
Criminal convictions form part of the criminal
‘Criminal Records Bureau’ an Executive Agency of the Home Office which
provides access to criminal record information.
‘Candidates’ means all persons (including those already
employed by London Probation) applying for a
vacancy or position at London Probation and
includes any re-deployees or secondees.
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4.0 ROLES AND RESPONSIBILITIES
4.1 Human Resources
Recruitment staff with HR are responsible for how this protocol is complied
Candidates for vacancies at London Probation have the responsibility to
disclose any previous criminal convictions and cautions (including
discharges) in accordance with this policy.
5.0 THE CRIMINAL RECORDS BUREAU (CRB)
In dealing with the CRB, London Probation complies with their Code of
There are two forms of CRB disorder:
5.1 Standard Disclosure – discloses all spent and unspent convictions, cautions
reprimands and warnings listed on the Police National Computer. This
disclosure applies to all employers of all offices, occupations and groups
identified in the exemptions of the Rehabilitation of Offenders Act 1974.
5.2 Enhanced Disclosure – in addition to the standard disclosure also discloses
relevant information held by local police forces. This disclosure applies to
posts involving greater contact with children or vulnerable adults.
6.0 VETTING STANDARDS
The type of disclosure required by LP will be determined by the position that
is applied for (see 6.2).
6.1 Minimum vetting levels
The following is a minimum level of vetting for any post in London Probation
and includes the following:
a. a reference from the current or most recent employer/s (to cover a
four year period of employment) or academic reference when no
employment has been undertaken.
b. a character reference from a person who has known the candidate (in
a professional capacity for at least 5 years) who can vouch for the
applicant’s good character and competence for the post;
c. confirmation of relevant qualifications i.e. original certificates and
awards are produced by the applicant and recorded by London
Probation before confirmation of appointment;
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d. confirmation of identity and right to work in the UK i.e. a minimum
number of original documents to be produced by the applicant, in the
applicants current name and recorded by London Probation before
confirmation of employment; (In accordance with the Asylum &
Immigration Act 1996).
e. A criminal history self-declaration form where candidates are obliged
to declare convictions in accordance with 6.2.
6.2 Disclosure of Criminal Convictions
The Rehabilitation of Offenders Act 1974 enables some criminal convictions to
become ‘spent’, or ignored, after a ‘rehabilitation period’. A rehabilitation
period is a set length of time from the date of conviction. After this period,
with certain exceptions, an ex-offender is not normally obliged to disclose the
conviction when applying for a job or when involved in criminal or civil
proceedings. However, when applying for certain jobs, such as particular jobs
in London Probation a person is required to declare all convictions whether
spent or not.
Under the Rehabilitation of Offenders Act, as amended, certain convictions
may never be spent:
A sentence of more than 2.5 years in prison
A life sentence
The equivalent for young offenders will apply.
The table below identifies the various positions in London Probation and
indicates whether a candidate is required to declare unspent and spent
convictions when completing a self declaration form (which is part of London
Probation’s application form) and the level of CRB disclosure London Probation
Position/Post Disclosure of Criminal CRB Check
1. Probation Officers Unspent and Spent Enhanced Disclosure
including TPOs and Convictions
2. Other posts that Unspent and Spent Enhanced Disclosure.
involving caring for, Convictions
training , supervising or
being in sole charge of
persons under the age
of 18 (e.g. PSOs,
4. Other posts that involve Unspent and Spent Enhanced Disclosure
regular direct contact Convictions
with vulnerable adults
(This does not include
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5. Hostel managers, Unspent and Spent Enhanced Disclosure
assistant managers, Convictions
relief supervisors and
night care staff
working in approved
premises will be vetted
to a level including a
standard level of
disclosure via an
umbrella body. Written
confirmation should be
provided from the local
contractor stating that
any person supplied
has been appropriately
6. All other staff located in Unspent and Spent Enhanced Disclosure
approved premises e.g. Convictions
7. Finance, Human Unspent Convictions NO CRB required
Technology and Self Declaration Form completed and
administrative staff retained on file.
6.3 Temporary employees whether recruited by London Probation or provided
by recruitment agencies should have the same vetting level as permanent
staff who are performing the same duties.
6.4 Employees transferring, being redeployed or seconded must have the same
level of vetting as the new post requires.
6.5 Staff applying to London Probation from another Probation Service must go
through the entire recruitment process and have the same level of vetting as
their new post requires. Applicants from other Probation services must have
a new CRB disclosure undertaken unless they have had a negative
disclosure in the preceding 6 months to their application.
6.6 Staff seconded from partnership agencies must have written confirmation of
appropriate level vetting by their employer.
7. RECRUITMENT OF APPLICANTS WITH CRIMINAL CONVICTIONS
Having a criminal conviction will not necessary prohibit a person from being
employed by London Probation. London Probation has established
benchmarks in the recruitment process to ensure that decisions on the
suitability of employment, due to previous criminal convictions, are made
consistently and transparently. [see Appendix 1 - London Probation’s
Guidance on the employment of staff with Criminal Offences].
7.1 Outstanding Charges or Summonses
Where an outstanding charge or summons has been disclosed by a
candidate the job application will not be dealt with unless the above has
been fully cleared of the charge before the end of the selection process.
7.2 Non Disclosure of Criminal Conviction in the Application Process
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Non disclosure of criminal convictions (including absolute and conditional
discharges) when required to do so will result in the offer of employment
being withdrawn. If the employee is, or becomes employed by London
Probation this non disclosure will be considered as gross misconduct and
may result in dismissal.
8. CORRECT HANDLING, SAFEKEEPING AND DESTRUCTION OF
8.1 London Probation complies fully with the CRB Code of Practice regarding
the correct handling, use, storage, retention and disposal of Disclosures and
Disclosure information and Data Protection Act.
8.2 Disclosure information is never kept on an applicant’s personal file and is
kept separately and securely, in lockable, non-portable, storage containers
with access strictly controlled and limited to those who are entitled to see it
as part of their duties.
8.3 In accordance with Section 124 of the Police Act 1997, Disclosure
information is only passed to those who are authorised to receive it in the
course of their duties. London Probation will maintain a record of all those to
whom Disclosures and Disclosure information has been revealed and
recognise that it is a criminal offence to pass this information onto anyone
who is not entitled to receive it.
8.4 Disclosure information is used only for the specific purpose for which it is
requested and for which the applicant’s full consent has been given.
8.5 Once recruitment (or other relevant) decision has been made, London
Probation will not retain Disclosure information for any longer than absolutely
necessary. This will generally be for a period of up to 6 months allowing for
the consideration and resolution of any disputes or complaints that may
arise. If, in exceptional circumstances, it is necessary to keep Disclosure
information for longer than 6 months, London Probation will firstly consult
with the CRB and will give full consideration to the protection afforded to the
individual by the Data Protection. Throughout this time, the usual conditions
regarding the safe storage and legislation controlled access will continue.
8.6 Once the retention period has lapsed, London Probation will ensure that any
Disclosure information is immediately and suitably destroyed by secure
means i.e. by shredding, pulping or burning. London Probation will not keep
any photocopy or other image of the Disclosure or any copy or
representation of the contents of a Disclosure. However, notwithstanding the
above, London Probation will keep a record of the date of issue of a
Disclosure, the name of the subject, the type of Disclosure requested, the
position for which the Disclosure relates and the details of the recruitment
8.7 London Probation will ensure that any companies acting as an Umbrella
Body (one which countersigns applications and receives Disclosure
information on behalf of other employers or recruiting organisations) will take
reasonable steps to ensure that they comply fully with the CRB Code of
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9. MONITORING AND REVIEW
9.1 This policy will be subject to London Probation's Race & Diversity Impact
Assessment on a periodic basis.
9.2 This protocol will be reviewed in 12 months time or as required.
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