Policy Statement on the Employment of Ex-Offenders
Introduction
1. The SPCB complies fully with the Code of Practice, issued by Scottish Ministers, in connection with the use of information provided to registered persons, their nominees and other recipients of information by Disclosure Scotland under Part V of the Police Act 1997, for the purposes of assessing applicants' suitability for employment purposes, voluntary positions, licensing and other relevant purposes . We undertake to treat all applicants for positions fairly and not to discriminate unfairly against the subject of a Disclosure on the basis of conviction or other information revealed.
2. This policy statement is made available at the outset of the recruitment process to all applicants for posts which require a Disclosure check to be undertaken. Through the Human Resources Office, the SPCB undertakes to make every subject of a Disclosure aware of the existence of the Disclosure Scotland Code of Practice, and to make a copy available on request.
Equality of Opportunity
3. In accordance with our Equality Framework, the SPCB is committed to promoting equality of opportunity and treatment and to eliminating unfair discrimination in its employment practices. The SPCB seeks to ensure that all job applicants and staff are treated fairly, with respect and without bias. No job applicant or member of staff will receive less favourable treatment than others because of her or his gender, gender identity, sexual orientation, relationship, marital, family or part-time status, racial group (includes colour, race, nationality, national or ethnic origin), religion or belief, disability (unless objectively justified), age, trade union membership/non membership/activities or offending background.
4. The SPCB actively promotes equality of opportunity for all with the right mix of talent, skills and potential, and welcomes applications from all sections of society. The selection of candidates for interview will be based on the demonstration of competence and/or qualifications and experience.
Request for a Disclosure Check
5. We will request a Disclosure check only where this is considered proportionate and relevant to the particular position. The decision will be based on a thorough risk assessment of that position and consideration of the relevant legislation which determines whether or not a Standard or Enhanced Disclosure is applicable to the position in question. Where a Disclosure check is deemed necessary for a position, all applicants will be made aware at the initial recruitment stage that appointment to the position will be subject to receipt of a satisfactory Disclosure certificate and that the SPCB will request that the individual being offered the position undergo an appropriate Disclosure check.
Assesment of Disclosure information
6. If an individual has a criminal record, this will not necessarily debar them from employment with the SPCB. This will depend on the nature of the position, together with the circumstances and background of the offences and/or other relevant information contained on a Disclosure certificate or provided directly to the Human Resources Office.
7. The SPCB will ensure that all members of staff who are involved in identifying and assessing the relevance and circumstances of Disclosure information are suitably trained. The SPCB will also ensure that appropriate guidance and training in the relevant legislation relating to the employment of ex-offenders (for example, the Rehabilitation of Offenders Act 1974) is provided to staff involved in selection panels.
8. The SPCB undertakes to discuss any matter revealed in a Disclosure Certificate with the subject of that Disclosure before considering whether or not to make an offer of appointment.
Security Questionnaire
9. Regardless of whether a Disclosure check is required, all candidates successful at interview for employment with the SPCB are required to complete the HM Government’s Security Questionnaire as part of our security vetting policy. This involves individuals declaring any criminal conviction(s) for any offence(s) comitted in any country. The completed questionnaire is returned by the candidate under separate, confidential cover, to a designated person within the SPCB and we guarantee that this information will only be seen by those who need to see it as part of the SPCB’s security vetting process.
10. In the interests of national security, safeguarding Parliamentary democracy and maintaining the proper security of the Government’s essential activities, the SPCB is entitled to ask questions about an individual's entire criminal record including convictions which are defined as “spent”. In line with the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003 and HM Government’s Vetting Policy, “spent” convictions may be taken into account where national security is concerned. Although the SPCB will take all of the information supplied into account, it will not necessarily prevent an individual from obtaining a security clearance. In the event that a decision is taken that security clearance cannot be granted to an individual, an offer of appointment cannot be progressed. The applicant will be advised in writing and an explanation will be provided.
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