Recruitment of ex-offenders policy

Part V of the Police Act 1997, and the protection of Vulnerable Groups (Scotland) Act 2007, are aimed at helping employers and other organisations assess the suitability of applicants for particular posts and to make safer recruitment decisions in relation to positions of trust by widening access to criminal record information.

The Act provides for the issue of various criminal conviction certificates.  In Scotland, these certificates are issued by Disclosure Scotland and are known as Basic, Standard or Enhanced Disclosures.  In addition, people undertaking regulated works receive a PVG Scheme Record or PVG Scheme Record Update.

The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013 was amended in 2016 to ensure that in checking the background of people who want to work with vulnerable groups or in other sensitive roles, the information provided continues to protect the public but balances that public interest with the rights of individuals to have their private life respected.

Aim

One Parent Families Scotland aims to ensure safe recruitment practices that take into account current employment legislation and best practices including treating all applicants for positions fairly and not discriminating unfairly against those with previous convictions.

General principles

One Parent Families Scotland complies fully with the Disclosure Scotland Code of Practice, issued by Scottish Ministers, in connection with the use of information provided to registered persons and other recipients of information by Disclosure Scotland under Part V of the Police Act 1997, or the Protection of Vulnerable Groups (Scotland) Act 2007 for the purposes of assessing applicants’ suitability for positions of trust.

One Parent Families Scotland is committed to equality of opportunity, to following practices, and to providing a service that is free from unfair and unlawful discrimination.  We will ensure that no employee, or potential employee, is subject to less favourable treatment and will not discriminate unfairly against any subject of a Disclosure/PVG Scheme Record check on the basis of conviction or other information revealed.

Having a criminal record will not necessarily debar applicants from working for One Parent Families Scotland.  This will depend on the nature of the post and the circumstances and background of offences.

Offences which are ‘protected convictions’ under the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment Order 2016, mean that the exclusions in the 2013 Order do NOT apply and the protections provided by the 1974 Act will be enforced.  Protected convictions include convictions which are spent and which are not listed in either of Schedules A1 and B1.  They also include convictions in Schedule B1 that are more than 15 years old (or 7 and a half years if the person was convicted before they turned 18).

Schedule A1 is a list of offences which must always be disclosed.  Schedule B1 is a list of offences which are to be disclosed subject to rules.  These are extensive lists and further details regarding what is and what is not required to be disclosed can be found under the relevant legislation or websites.

A copy of this policy will be made available to all potential applicants at the outset of the recruitment process and the Disclosure level or PVG requirement will be clearly stated in the person specification for all posts.

Each Disclosure/PVG Scheme Record contains the date the record was produced.  The Disclosure/PVG Scheme Record is accurate as of this date.  There is no provision in the Police Act 1997 or the Protection of Vulnerable Groups (Scotland) Act 2007 in relation to timescales for reapplying for a Basic, Standard or Enhanced Disclosure or conducting a PVG Scheme Record Update.  The responsibility to apply a timescale for re-application to Disclosure Scotland, which may depend on the nature of the work undertaken or recommendations from the Care Inspectorate or other regulatory body, is allocated to each manager in consultation with the Directorate.