1. Introduction
As Renewal is committed to the safeguarding and protection of all children, young people and adults with care and support needs, we will carefully select, train and support all those taking up roles within the Church, in line with safer recruitment principles.
The guidance addresses two main areas: the recruitment process and criminal records checks. It must not be forgotten that only a tiny percentage of adults who abuse get caught and still fewer are convicted, so organisations must never rely solely on a criminal record check. Criminal record checks, although crucial, remain only one element of safeguarding and the safer recruitment process.
2. The Recruitment Process
2.1. Finding & recruiting
Finding the right people to work with children, young people and adults with care and support needs can be difficult. What follows is a safer recruitment checklist to help make sure that Renewal recruits/appoints the most appropriate people as employees or volunteers safely. It is a criminal offence for an individual who is barred from working with vulnerable groups to apply for a regulated activity role and it is a criminal offence for an organisation to appoint a barred person to a regulated activity role.
2.3. The recruitment of ex-offenders
Applicants for paid and volunteer positions must be clear about how they will be treated if they are ex-offenders. Refer to Renewal’s Policy on the Recruitment of Ex-Offenders for more information on this.
2.4. Job descriptions & roles
Have a clear job description or role, which sets out what tasks the applicant will do and what skills are required. The job description or job role will also say whether it is eligible for and requires a criminal records check, and if so the level of the check. If it is a paid role this must be a formal job description / person specification. If it is a voluntary role, a simple job role may be used.
2.5. Criminal Record Checks
All those who work regularly with children, young people or adults with care and support needs must have, where appropriate, an enhanced criminal record check (with/without a check of the barred list, as appropriate). In addition, those who work only occasionally with vulnerable groups will also be asked to apply for enhanced checks, provided they are eligible. Those who manage or supervise those who work with vulnerable groups and those in a leadership capacity who carry responsibility for safeguarding, will also be required to obtain enhanced check, provided they are eligible.
2.6. Application form & references
An application form will always be necessary in a paid role to assess the person’s suitability for the role. An application form will also be good practice when recruiting for a voluntary role. Always ask for and take up references. Ask referees specifically about an individual’s suitability to work with vulnerable people. Ensure that you carefully examine application forms and references and make sure that the information that has been provided is consistent and the interviewers are provided with a satisfactory explanation for any discrepancies and/or any gaps in an applicant’s personal history and/or career. If anything is unclear in the reference, contact the referee to clarify the position.
2.7. The Confidential Declaration
At the start of the process, where an individual is going to work or volunteer with vulnerable people, ask him/her to complete a ‘Confidential Declaration’ which, in broad summary, asks if there is any reason why he/she should not be working with children and adults experiencing, or at risk of abuse or neglect. It can also help to identify any issues that might need resolving at an early stage. Having a criminal record may not necessarily be a bar to working with children or adults experiencing, or at risk of abuse or neglect. Renewal’s Safeguarding Lead must be contacted if an applicant discloses any information in the Confidential Declaration. A copy of the Confidential Declaration is to be found at Appendix 1. Should the applicant not wish to complete the Confidential Declaration, which is entirely his/her choice, the application must not proceed further and must be terminated.
2.8. Interview/discussion
Have a face-to-face interview or discussion with pre-planned and clear questions to assess a person’s suitability for a role. Check the Confidential Declaration and the references. In paid roles (and sometimes in volunteering roles) the candidate’s identity will need to be checked by asking him/her to bring photographic ID as well as evidence of his/her relevant qualifications. Include questions about an applicant’s values, attitude to working with vulnerable groups at risk of abuse or neglect and motives for wanting to engage in such work. Always ask if he/she knows of any reason why he/she should not be working with children or adults at risk of abuse or neglect or if there are any pending cases or issues which could affect him/her or his/her ability to carry out the role. If the applicant discloses any matter during the interview that relates to children and/or adults at risk of abuse or neglect and which may affect the applicant’s suitability for the role, then this must be referred to the Safeguarding Lead for advice.
2.9. Asking for a Criminal Record Check
If the chair of the panel conducting the interview/discussion is minded to recommend approval, then the applicant must be asked to carry out an appropriate criminal record check. The DBS matrix, which shows the roles eligible for a criminal records check is attached as Appendix 2.
Special arrangements apply to overseas applicants. Provided they are eligible, an enhanced criminal record check must always be required in relation to people sent abroad to work with vulnerable groups (children or adults experiencing, or at risk of abuse or neglect) as part of the UK recruitment process. Should the applicant not wish to apply for a criminal record check, which is entirely his / her choice, the application must not proceed further and must be terminated.
2.10. Overseas applicants
If a candidate/applicant etc. for a position that is eligible for a DBS check is coming from overseas who, either has never lived in the UK or spent a period of time (i.e. lived abroad), the person making the appointment should request an additional check and ask the applicant to obtain criminality information (also known as a certificate of good conduct/character) from his/her relevant embassy/high commission (or police force). This means that in addition to the DBS check, the candidate/applicant must seek this additional check to cover the time he/she spent abroad. (Further advice can be found on the Home Office website). If such information is not available from the embassy/high commission etc. or if there are concerns about the reliability of the information provided, the person(s) making the appointment should take extra care when taking up references and checking any previous employment record. In such cases, additional references should be sought and at least one reference from a previous employer should be contacted by telephone as well as by letter.
2.11. Approval
The decision to appoint to voluntary or paid work must be made only by those who have that responsibility. The start date or appointment must not be confirmed until the relevant criminal record check is received and examined. Most criminal record checks are received and examined by the criminal records (i.e. DBS) administrator. Criminal record checks that are not clear (i.e. which contain information of, for instance, criminal convictions or cautions or additional information such as arrests) must always be referred to the Safeguarding Lead. All paid posts will receive a letter of appointment. It is also good practice for volunteers to receive a letter of appointment, which can set out both Renewal’s commitment to its volunteers and what it hopes from its volunteers. Included with the appointment letter should be a copy of the “Statement of Safeguarding Principles”.
2.12. Induction
Employees or volunteers whose roles involve working with children, young people with care and support needs must receive relevant safeguarding training from Renewal after starting their role, and provide evidence that they have recently undertaken relevant safeguarding training. They must also attend regular updates every one to three years.
2.13. Probationary/settling in period
A period of probation, (usually 6 months) will be given for any paid role or a settling in period for volunteers when the volunteer and Renewal can see whether the volunteer is suited to the particular role. During these periods relevant training can be planned and support can be arranged. In addition, regular meetings with the supervisor can be organised to discuss any issues that arise. For paid roles, at the end of the probationary period a person must be confirmed in his/her role in writing.
2.14. Supervision & regular review
All paid posts will be subject to management, supervision and appraisal. For all volunteer posts, working with children, young people and adults with care and support needs, regular supervision and reviews will be regularly provided as the role requires, (e.g. annually) so that volunteers feel supported and issues can be discussed and/or resolved.
3. Criminal Record Checks
3.1. Who is eligible?
There are four types of criminal record checks:
- Basic – This checks for unspent criminal conviction information only. This is currently obtained from Disclosure Scotland;
- Standard – This checks for spent and unspent convictions, cautions, reprimands and final warnings. This is obtained from the DBS.
- Enhanced – This includes the same as the standard check plus any additional information held by local police that’s reasonably considered relevant to the role being applied for. This is obtained from the DBS; and
- Enhanced with barred list checks – this is like the enhanced check, but includes a check of the DBS barred lists. This is also obtained from the DBS.
Renewal, in line with best safeguarding practice, will ensure that those who work closely with children, young people and adults with care and support needs have an enhanced criminal record check.
The eligibility criteria for enhanced criminal record checks is complicated but put simply one can ask “are you over 16 and does the role include activities that allow regular/substantial contact with children or adults experiencing, or at risk of abuse or neglect?” If the answer is “Yes” then you may be eligible for an enhanced criminal record check.
3.2. What does it cost?
Criminal record checks are free to volunteers but there is a cost for those in employment or those training for a role where they could be paid. The DBS update service which ensures that DBS checks are up to date attracts an additional annual fee. Renewal has its own arrangements for paying for criminal record checks.
3.3 How long do criminal record checks last in the Church context?
At Renewal the Trustees have decided that criminal record checks must be renewed every five years. (Should there ever be a delay in obtaining the criminal record check, the person is not approved by Renewal to act and must stand down pending completion of the process.
4. Criminal Record Checks Outcome
4.1. Only a single paper disclosure certificate is sent to the applicant
Individuals have ownership over their own information. They can choose when they want to share and with whom. Renewal will not receive a copy of the certificate unless the application is in the update service and certain conditions apply.They will need to ask to see the applicant’s copy if this is required. In terms of copying the certificate and retaining copies of certificates, the DBS has stated that where an applicant provides a copy of his / her DBS certificate to the employing or volunteering organisation they must comply with its obligations under the Data Protection Act 1998
4.2. The electronic criminal records system
Renewal subscribes to an electronic service provider which allows applicants to apply on-line and for the church to receive the results back electronically. The electronic service is efficient and usually obtains the results in days rather than weeks. It electronically informs the organisation if the disclosure is clear or if the certificate needs to be seen, (i.e. it contains information – for instance, conviction information). With the electronic system the DBS / criminal records administrator will know when a certificate is clear and can inform the person responsible for the appointment. In such circumstances the certificate does not need to be seen.
If a criminal record disclosure is not clear the applicant will be asked to present the original disclosure to the person responsible for the appointment. A copy may also be requested but please note a copy must not be requested in substitute for the original, the original disclosure must always be seen. The disclosure must be cross-referenced with the Confidential Declaration to see if there are any discrepancies. The disclosure will be passed to the Safeguarding Lead for a risk assessment who will identify and assess the relevance and circumstances of offences and the risk. If the issues are complex he or she will ask for assistance from the Local Safeguarding Children or Adults Safeguarding Board. In very complex cases the advice of an independent specialist may be required. Should the applicant not wish the confidential declaration and/or the criminal record disclosure to be seen, which is entirely his/her choice, the application must not proceed further and must be terminated.
5. The DBS Online Update Service
For an annual subscription applicant can have their criminal record certificate kept up-to-date and take it with them from role to role. (However, if the certificate relates to work with children and an individual’s role changes to working with adults with care and support needs or vice versa, then a new criminal record application must be made as the basis on which the original certificate was issued has changed.) To apply for the update service an applicant must apply within 19 days of the criminal record certificate being issued. Apply at the DBS update service. The DBS update service is very useful to those who have multiple roles where a criminal record certificate is required.
The DBS update service can be very useful for Renewal to check someone’s criminal record certificate status online and receive a result straight away. There is no registration process or fee for organisations to check a certificate online, but organisations must:
- Be legally entitled to carry out a check, (e.g.. the role must be eligible for an enhanced/standard (as appropriate) criminal record check); and
- Have the individual’s permission.
6. DBS Portability
Portability is the term employed for using a criminal record check obtained in one role, for a new role.
Portability will apply if an individual who is already working in Renewal in an employed or voluntary capacity applies for new role within Renewal. Portability will not apply and a new criminal record check will always be required where:
- A person moving into a role in Renewal from an external organisation wants to works or volunteer at Renewal or
- An individual is seeking ordination or
- A person moves roles to work with a different workforce. For example from working with children to working with adults with care and support needs and vice versa ;or
- The level of check required changes to a higher level (e.g. in his/her new role a person is eligible for an enhanced plus barred list check; but in his/her previous role he/she was only eligible for an enhanced check without a check of the barred list).
7. Referral to the Disclosure and Barring Service
The Safeguarding Vulnerable Groups Act 2006 (SVGA) places a duty on organisations where people work or volunteer with children or vulnerable adults in regulated activity to make a referral to the DBS in certain circumstances to protect vulnerable people from harm. This is when an organisation has dismissed or removed a person from working or volunteering with children or adults with care and support needs in regulated activity (or would or may have removed such a person if the person had not left or resigned etc.) because the person has:
- Been cautioned or convicted of a relevant offence (e.g. a serious sexual or violent offence); or
- Engaged in relevant conduct in relation to children and/or adults with care and support needs, (i.e. an action or inaction (neglect) that has harmed a child or adult with care and support needs or put them at risk of harm as defined under the SVGA); or
- Satisfied the harm test in relation to children and/or adults with care and support needs, (i.e. there has been no relevant conduct (i.e. no action or inaction) but a risk of harm to a child or adult with care and support needs still exists as defined under the SVGA).
Appendix 1 – Self-Declaration Form
Self-declaration form for a position requiring an Enhanced Disclosure
Strictly confidential
As an organisation and place of worship we undertake to meet the requirements of the Data Protection Act 1998 General Data Protection Regulations (from 25th May 2018) and all other relevant legislation, and the expectations of the Information Commissioners Office relating to the data privacy of individuals.
All applicants are asked to complete this form, detach it from the Application Form and return it, to the Recruiter detailed below, in a separate sealed envelope
To:____________________________________
(Name of Recruiter/responsible person in place of worship/organisation processing Criminal Records Disclosure checks)
Address:_____________________________________________________________________________
Position applied for:________________________________________________
Conviction history
If you have never been convicted of a criminal offence or never received a caution, reprimand or warning then please select ‘No’ below. If you have been convicted of a criminal offence, or received a caution, reprimand or warning that is now spent according to DBS filtering rules*, then please select ‘No’ below.
If you have an unspent criminal offence, caution, reprimand or warning (according to DBS filtering rules*), please select ‘Yes’ below.
For exceptions to this legislation or for more information please refer to the Rehabilitation of Offenders Act 1974 and the DBS filtering guidance*.
Having read the above, do you have any unspent convictions; or are you at present the subject of a criminal investigation/ pending prosecution?
Yes No (please circle)
If yes, please give details including the nature of the offences and the dates. Please give details of the court(s) where your conviction(s) were heard, the type of offence and sentence(s) received. Could you also give details of the reasons and circumstances that led to the offence(s). Continue on a separate sheet if necessary.
*links can be found at thirtyoneeight.org/dbs-links
Police investigation
Have you ever been the subject of a police investigation that didn’t lead to a criminal conviction?
Yes No (please circle)
If yes, please give details below, including the date of the investigation, the Police Force involved, details of the investigation and the reason for this, and disposal(s) if known.
To your knowledge have you ever had any allegation made against you, which has been reported to, and investigated by, Social Services/Social Work Department (Children’s or Adult Social Care)?
Yes No (please circle)
If yes, please provide details, we will need to discuss this with you.
Has there ever been any cause for concern regarding your conduct with children, young people, vulnerable adults?
Please include any disciplinary action taken by an employer in relation to your behaviour with adults.
Yes No (please circle)
If yes, please give details.
Declaration
To help us ensure that we are complying with all relevant safeguarding legislation, please read the accompanying notes and complete the following declaration.
I (full name) _________________________________________________
of (address) ______________________________________________________________________
consent to a criminal records check if appointed to the position for which I have applied. I have read the Standard/Enhanced Check Privacy Policy for applicants – thirtyoneeight.org/dbs-links. I understand how DBS will process my personal data and the options available to me for processing an application. I am aware that details of pending prosecutions, previous convictions, cautions, or bind-overs against me may be disclosed along with any other relevant information which may be known to the police.
I agree to inform the person within the place of worship/organisation responsible for processing disclosure applications if I am convicted of an offence after I take up any post within the place of worship/organisation. I understand that failure to do so may lead to the immediate suspension of my work with children or vulnerable adults and/or the termination of my employment.
I agree to inform the person within the place of worship/organisation responsible for processing disclosure applications if I become the subject of a police and/or a social services/(Children’s Social Care or Adult Social Services)/Social Work Department investigation. I understand that failure to do so may lead to the immediate suspension of my work with children or vulnerable adults and/or the termination of my employment.
Signed: _______________________________
Date: _________________________________
Those applying for work with children and/or vulnerable adults in positions which fall within the scope of regulated activity please confirm that you are not barred from working with children/vulnerable adults.
I confirm that I am not barred from working with children OR I confirm that I am not barred from working with adults at risk
Signed: ________________________________
Date: __________________________________
NB: Those applying for work with children and/or vulnerable adults in positions which fall outside the scope of regulated activity should not complete the declaration above.
Legalese – attached notes
The Disclosure of any offence may not prohibit employment. Please refer to our Rehabilitation of Offenders / Model Equal Opportunities Policy.
As this post involves working contact with children, young people and/or vulnerable adults, all applicants who are offered an appointment will be asked to submit to a criminal records check before the position can be confirmed. You will be asked to apply for an Enhanced Disclosure through the Disclosure and Barring Service (DBS).
As the position is exempted under the Rehabilitation of Offenders Act this check will reveal details of cautions, reprimands or final warnings, as well as formal convictions not subject to DBS filtering rules. Because of the nature of the work for which you are applying, this position is exempt from the provision of section 4(ii) of the Rehabilitation of Offenders Act 1974 (Exemptions Orders as applicable within the UK), and you are not entitled to withhold information about convictions which for other purposes are ‘spent’ under the provisions of the Act with the exception of those that are subject to the DBS filtering rules.
In the event of appointment, any failure to disclose such convictions could result in the withdrawal of approval to work with children or vulnerable adults within the church/organisation. This process is subject to a strict code to ensure confidentiality, fair practice and security of any information disclosed.
The DBS Service Code of Practice and our own procedures are available on request for you to read. It is stressed that a criminal record will not necessarily be a bar to appointment, only if the nature of any matters revealed could be considered to place children or vulnerable adults at risk.
As a place of worship/organisation we agree to abide by the Code of Practice on the use of personal data in employee/employer relationships under the General Data Protection Regulations effective from May 25th 2018, as well as the expectations of the DBS
Notes – Children and Young People
Under the Protection of Freedoms Act 2012 it is an offence for any organisation to offer employment to anyone who has been convicted of certain specific offences, or included on either of the two barred lists held by the Disclosure and Barring Service where the post falls within the scope of regulated activity (as defined by the DBS, under the Safeguarding Vulnerable Groups Act 2006 and the Protection of Freedoms Act 2012). An enhanced with barred list check must be completed. Those working with children and / or vulnerable adults in posts which fall outside the scope of regulated activity may still be eligible for an enhanced disclosure WITHOUT a barred list check.
The DBS offers both an enhanced check and for those engaged in regulated activity an enhanced with a barred list check.
Appendix 2 – Renewal DBS Matrix
(Up to date as of February 2021)
| Role | DBS | V&B |
| Children’s Pastor |
Y |
Y |
| Collectives Pastors |
Y |
Y |
| Community Project Lead |
Y |
Y |
| Executive Team – Staff |
Y |
Y |
| Faithbuilders Volunteers |
Y |
Y |
| Helping Hands Drivers |
Y |
N |
| Services & Creativity Intern |
Y |
Y |
| Listening Service Team |
Y |
Y |
| Location Pastoral Care Teams |
Y |
Y |
| Location Team Leaders |
Y |
N |
| Policies & Projects Manager |
Y |
N |
| Production Team |
N |
N |
| Staff Team |
N |
N |
| Therapy Service |
Y |
Y |
| Toy Offering Pop Up Shop Volunteers |
N |
N |
| Trustees |
Y |
N |
| Visiting Team |
Y |
Y |
| Youth Pastor |
Y |
Y |
| Youth Support Worker |
Y |
Y |
| Youth Team Volunteers |
Y |
Y |