For use in England, Wales & Northern Ireland
Disclosure Checks – Information for those applying for roles where a Disclosure check is required
These guidance notes have been included with your recruitment pack, as the post you are applying for is
subject to a criminal records check – this is known as a Disclosure check. The following guidance is designed
to help answer any questions you may have about Disclosure, before you apply for the position.
What is a Disclosure?
1.
A Disclosure is a document containing information held by the police and specified government
departments. Its specific purpose is to help organisations make more informed decisions when recruiting
people into positions of trust. Disclosures are provided by the Disclosure & Barring Service (DBS) in
England & Wales and by AccessNI in Northern Ireland and by using these Disclosure services, Marie Curie
Cancer Care can check the background of job & volunteer applicants, to ensure that they do not have a
history that would make them unsuitable for posts they are trying to fill. The DBS is an executive agency of
the Home Office and AccessNI is a government organisation, established by a joint programme between
the Northern Ireland Office, the Department of Health, Social Services and Public Safety, the Department
of Education and the Police Service of Northern Ireland.
2.
Disclosures cannot be obtained by members of the public and are only available to organisations for those
professions, offices, employments, work and occupations listed in the Exceptions Order to the
Rehabilitation of Offenders Act 1974 or those professions, offices, employments, work and occupations
listed in the Rehabilitation of Offenders (Exceptions) Order (NI) 1979 and also the Protection of Children
and Vulnerable Adults (NI) Order 2003, the Safeguarding Vulnerable Groups Act 2006 as amended by the
Protection of Freedoms Act 2012.
3.
Whilst there are three levels of Disclosure, only two levels of check are used in Marie Curie Cancer Care Standard and Enhanced. Most Disclosures within the Charity are at the enhanced level, as the activity
undertaken involves a far greater degree of contact with children or vulnerable adults, such that the work
will involve regulated activity and we have a legal requirement to ensure that check that applicants are not
barred from working with vulnerable adults and/or children – and this can only be done through an
enhanced Disclosure check.
4.
Standard and Enhanced Disclosures can contain the following;
 details of all convictions, cautions, reprimands & warnings held on the Police National Computer (PNC)
(In addition Disclosures from NI also contain information from the Northern Ireland criminal record in
respect of convictions, cautions & warnings)
 Information held by the DfES or DCSF under Section 142 of the Education Act 2002 of those
considered unsuitable for working with (or banned from working with) children (formerly List 99)
 If requested, DBS Children’s Barred List Information (i.e. which replaces the Protection of Children Act
List (PoCA) and the Disqualification from Working with Children List (DWC in NI)
 If requested, DBS Vulnerable Adults Barred List information (i.e. which replaces the Protection of
Vulnerable Adults List (PoVA) and the Disqualification from Working with Vulnerable Adults List
(DWVA) in NI
 Other Government Information including relevant equivalent lists from other countries in the UK
 Where a check is at the Enhanced Level, relevant Police Forces will also be asked for any nonconviction information, including cases pending, which the Police consider relevant for Disclosure.
Will a criminal record prevent me from being offered employment with Marie Curie Cancer Care?
5.
The Charity’s recruitment is based on individual skills, qualifications and experience and aims to promote
equality of opportunity for all, and welcomes applications from a diverse range of individuals including
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those with previous convictions.
6.
Criminal record information is seen as one tool within the overall recruitment process. Having a criminal
conviction will not necessarily bar individuals from involvement/employment. This will depend on the
circumstances and background of the offence(s).
7.
The Charity undertakes not to discriminate unfairly on the basis of a conviction or other information
revealed and only convictions considered by the Charity to be relevant to the work to be undertaken, will
be taken into account
8.
Safeguards and guidelines have been introduced to ensure that conviction information is not misused and
that ex-offenders are not treated unfairly. Ex-offenders will retain the protection afforded by the
Rehabilitation of Offenders Act 1974 and the Rehabilitation of Offenders (Exceptions) Order (NI) 1979
9.
Marie Curie Cancer Care’s position on ex-offenders is set out in its policy Involvement of Ex-Offenders. A
copy of this policy was included in the information pack sent/available at the start of the recruitment
process. Further copies can also be obtained by contacting your regional Human Resources team.
10.
The Disclosure & Barring Service Code of Practice for Registered Persons and Other Recipients of
Disclosure Information governs the Charity’s conduct using Disclosures (as an authorised Registered
Body with the DBS) and help prevent abuse of the system. This Code of Practice is available on the DBS
website (www.homeoffice.gov.uk/agencies-public-bodies/dbs/) or we can supply you with a copy, on
request.
11.
Similarly, AccessNI Code of Practice for Third Party Recipients of Criminal Record Information will govern
the Charity’s conduct using Disclosures (as an authorised Registered Body with AccessNI) and help
prevent abuse of the system. This Code of Practice is available on the AccessNI website
(www.accessni.gov.uk) or we can supply you with a copy, on request.
How will I know which level of Disclosure is required?
12.
Before attending an interview, you will be informed of the relevant level of Disclosure that is required for
the post (i.e. Standard, Enhanced or Enhanced with a check of one/both barring lists).
How do I apply for a Disclosure?
13.
If a Disclosure is necessary, you will be sent the form to complete, along with details of when it should be
completed and further guidance on how to complete the form.
Can I refuse to apply for a Disclosure?
14.
Yes you can but please bear in mind that there are some posts for which a Disclosure is required by law.
If you refuse to apply for a Disclosure in this instance, Marie Curie Cancer Care may choose to withdraw
the offer of a position (You may wish to take advice from your trade union or another qualified person in
these circumstances).
I already have a Disclosure, can I use it again?
15.
When recruiting new staff and volunteers it is Marie Curie Cancer Care’s policy not to accept a Disclosure
issued to another registered body. This decision has been made on the basis that a Disclosure of
whatever type, carries no period of validity, as Disclosures are designed for use immediately after issue.
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Do I have to pay for my Disclosure?
16.
Marie Curie Cancer Care will cover the cost of processing the Disclosure application form. If you are a
volunteer, the Disclosure is free of charge.
17.
NB: A volunteer is defined by the DBS as “a person who is engaged in any activity which involves
spending time, unpaid (except for travelling and other approved out-of-pocket expenses), doing
something which aims to benefit someone (individuals or groups) other than, or in addition to, close
relatives”. AccessNI define a volunteer as “a person who gives their time in a non-profit organisation, free
of charge, doing something for the good of the community or voluntary group, for which they may get
travelling and other out-of-pocket expenses, and which is not for their own benefit or a close relative”.
What information do I need to give?
18.
As part of the Disclosure check, you will be asked to provide certain details on a Disclosure Application
Form. You are also asked to supply original documentary evidence relating to those details, to help verify
the information on the Form, in respect of your true identity and correct current address. The type of
details requested on the Form include your full name and any other name that you may have been known
by; addresses where you have lived during the past five years; your date and place of birth; your national
insurance number; and other information such as passport/driving licence details. This is not a complete
list, and the documents you are asked to supply will depend upon the details you provided.
19.
Once completed and counter-signed by Marie Curie Cancer Care, the Disclosure Application Form is
sent to the Disclosure body (e.g. DBS or AccessNI) for processing. The processing includes searches
that the Disclosure body undertakes (see section 4) and any resulting information revealed in those
searches (or ‘none’ if nothing applies) is known as the Disclosure and is shown on a Disclosure
Certificate.
Who will receive my Disclosure?
20.
You will receive your Disclosure certificate in the post. At the same time, a copy of the Disclosure
certificate is also sent to the person who counter-signed the Disclosure Application Form at Marie Curie
Cancer Care. Our counter-signatories have been registered with the DBS and/or AccessNI, and as such,
agreed to comply with the respective Codes of Practice.
How long will it take to get my Disclosure Certificate?
21.
Both the DBS & AccessNI publish their service standards on their respective websites. The DBS advise
that they expect to process 90% of Enhanced checks within 4 weeks of receiving a completed application
form & 95% of Standard checks within 2 weeks of receiving a completed application form. AccessNI aim
to process 90% of standard within 2 weeks & 90% of enhanced checks within 4 weeks.
22.
The DBS also provide an on line checking facility – by inserting the Disclosure Form number and date of
birth, an on line check will show the progress of the Disclosure application (available on
www.homeoffice.gov.uk/agencies-public-bodies/dbs/services/online-tracking1/ ) .
How do I know that the information contained on my Disclosure will remain confidential?
23.
Marie Curie Cancer Care must comply with the DBS & AccessNI Codes of Practice. This Code of
Practice is there to make sure the whole process works fairly and that any information revealed is treated
fairly and securely. Also, Disclosure bodies are committed to compliance with the Data Protection Act.
This means that any personal information that you submit to us will be protected. Under the provisions of
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the Code, sensitive personal information must be handled and stored appropriately and must be kept for
only as long as it is necessary. The Codes are published on the respective websites or you can request a
copy from us (see section 9)
19
In addition, Marie Curie Cancer Care has produced its own policy on the Secure Storage, Handling, Use,
Retention and Disposal of Disclosures and Disclosure Information.
What if things go wrong?
24.
Both the DBS and AccessNI have established a comprehensive complaints process and as part of their
commitment to provide a high standard of customer service will always deal promptly with all enquiries
and problems.
Can I challenge the information on my Disclosure if it is incorrect?
25.
Yes. If you think that any information contained on your Disclosure is incorrect please contact the
counter-signatory to whom you sent your completed Disclosure Application Form. The counter-signatory
will then follow this up.
26.
If you prefer, you can raise such a dispute directly with the relevant team – for the DBS the contact
number is 0870 90 90 811; AccessNI ask for disputes to be made in writing (address: Access Northern
Ireland, Brooklyn, 65 Knock Road, Belfast, BT5 6LE). However, it is important that you notify the countersignatory that you have raised such a dispute, in order to prevent a recruitment/involvement decision
being made before the dispute is resolved.
I am a transgender applicant – do I have to reveal my previous gender?
27.
Transgender applicants are asked to contact either the DBS or AccessNI for confidential advice. The
DBS have a confidential checking process for Transgender applicants who do not wish to reveal details of
their previous identity to the person who asked them to complete an application form for a DBS
Disclosure. Advice is obtainable from the DBS Customer Services Team on 0151 676 1452 or you can
email them at [email protected]
28.
Equivalent information for AccessNI checks is given on their website.
How long will Disclosures be valid?
29.
Each Disclosure will show the date on which it was printed. Disclosures do not carry a pre-determined
period of validity because a conviction or other matter could be recorded against the subject of the
Disclosure at any time after it is issued.
Further Information
30.
If you would like more information about DBS or its Disclosure service why not visit their website
(www.homeoffice.gov.uk/agencies-public-bodies/dbs/) or call them on Tel. 0870 90 90 811 or write to
them at PO Box 110, Liverpool L69 3EF
31.
If you would like more information about AccessNI or its Disclosure service why not visit their website
www.accessni.gov.uk or call them on Tel. 028 9025 9100 or write to them at Access Northern Ireland,
Brooklyn, 65 Knock Road, Belfast BT5 6LE
32.
If you would like more information on Disclosure from Marie Curie Cancer Care please contact your
regional Human Resources team
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