FIFE SPORTS AND LEISURE TRUST
Criminal Conviction
Disclosure Certificates FLP 22
P o l i c y
S t a t e m e n t
Policy Statement
Purpose
One of the steps in ensuring that those who work with children or vulnerable
adults are not unsuitable is to check for criminal convictions and other
information known to the Police. For many types of work this is a legal
requirement. Checking is achieved by obtaining an enhanced criminal
conviction disclosure certificate.
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During recruitment and at other times employees and volunteers may be asked
to apply for an enhanced disclosure certificate. A certificate gives details of any
spent and unspent convictions, intelligence deemed relevant by the police, and
whether the individual is named on any relevant list disqualifying him or her
from the work. Disclosure certificates are obtained from Disclosure Scotland.
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Organisations requesting disclosures are required to have a written policy on
their use and on the recruitment of ex-offenders. This is Fife Sport and Leisure
Trust’s policy.
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Guiding Principles
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The successful applicant for any “childcare” role, or role involving working
with vulnerable adults, exempted from the Rehabilitation of Offenders Act,
must obtain an enhanced disclosure certificate before an offer of work can
be confirmed.
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Internal candidates must also be checked except where already recently
checked and being transferred to similar work within the same Section.
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The applicant must not start the work until the disclosure information has
been obtained.
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An enhanced disclosure certificate must be obtained for employees and
volunteers in such posts not less than once every three years.
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Applicants for inclusion on supply, or relief lists must also be checked. Such
workers must be checked again at least once every year.
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Disclosure information must be securely stored and kept confidential.
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The disclosure information must not be retained for more than 90 days of
disclosure date. A record should be kept that a decision has been made
based on disclosure information. The disclosure information/certificate must
be destroyed in a secure manner.
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Having a criminal record must not be used to automatically disbar an
applicant for employment.
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A risk assessment of the type, frequency and date of any convictions or
other information in relation to the duties of the post must be carried out.
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If disclosure is necessary for a post or position, the recruitment literature will
make clear that it will be requested from the successful applicant.
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The Chief Executive of Fife Sports and Leisure Trust must ensure the
standards in the Code of Practice on disclosure certificates issued by
Scottish Ministers are met.
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The Chief Executive of Fife Sports and Leisure Trust must ensure the
standards in this policy and in the document RS12 Criminal Conviction
Disclosure Certificates Procedures are met.
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The Chief Executive of Fife Sports and Leisure Trust must be satisfied that
employment agencies, used by Fife Sports and Leisure Trust have
demonstrated that any person put forward for work with children or
vulnerable adults has been checked by obtaining an enhanced disclosure
within the last 12 months. This must be confirmed in writing.
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This policy does not apply to organisations working with Fife Sports and
Leisure Trust in partnership or contractor relationships. The Chief Executive
of Fife Sports and Leisure Trust must be satisfied that, as a part of ensuring
an organisation is fit to provide the service, it vets its workers to the same
standard as Fife Sports and Leisure Trust.
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This policy must be made available to anyone who wishes to see it.
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Basic Disclosures
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There are types of work where it is illegal for Fife Sports and Leisure Trust to
obtain an enhanced disclosure but it is still appropriate to seek extra
reassurance about criminal history. A basic disclosure may be requested in
these circumstances.
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A basic disclosure must not be used instead of an enhanced disclosure.
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The same standards of decision making and confidentiality must be applied
if using a basic disclosure.
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Recruitment Of Ex Offenders – Equality of Opportunity
Recipients of disclosure information must use it properly and fairly. Conviction
or other information revealed must not be used to unfairly discriminate against
individuals. Recruitment decisions must comply with Fife Sports and Leisure
Trust’s Equality of Opportunity Policy.
Any disclosure requested must be paid for by Fife Sports and Leisure Trust.
Employees should not be reimbursed for checks required to maintain
professional registration.
Cross references with other policies
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Monitoring and evaluation framework
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Recruitment and Selection Policy
Relevant legislation
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The Police Act 1997
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The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions)
(Scotland) Order 2003
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The Protection of Children (Scotland) Act 2003
Scope
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This Policy applies to all Fife Sports and Leisure Trust employees and board
members.
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This Document is Copyrighted to Fife Sports and Leisure Trust, reproduction is strictly prohibited.
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