The Authority, as a public service, must be particularly careful about the character and background of employees whose work will bring them into substantial contact with vulnerable groups, such as the elderly, sick, disabled or children.

Rehabilitation of Offenders Act 1974

If the post for which you are applying is exempt from the above Act as it is covered by the Rehabilitation of Offenders Act 1974 (Exemptions) Order 1975 (as amended), you will be required to reveal any criminal convictions, bindovers or cautions, including those which would normally be regarded as spent.

Where the post is exempt it will state this in the job description under special conditions and you must then complete the relevant section on the application form.

The Children Act 1989

If the post for which you are applying requires you to have substantial contact with children, then you are required, under the Rehabilitation of Offenders Act 1974 (Exemptions) Order 1975 (as amended), to reveal any criminal convictions, bindovers or cautions, including those which would normally be regarded as spent, as detailed above.

In addition, under the Disclosure of Criminal Background of those with Access to Children (Children Act 1989), you will also be subject to a Criminal Records Bureau Disclosure.

Police Act 1997

Part 5 of this Act includes measures to enable all organisations in England and Wales, irrespective of whether they are likely to ask exempted questions under the Rehabilitation of Offenders Act, to obtain criminal record information about prospective employees and volunteers.

In order to do this the Home Office set up the Criminal Records Bureau, which started operating in March 2002. Previously, organisations could only obtain police checks under the Children Act 1989, but now the Criminal Records Bureau is operating this has been broadened.

Organisations are now able to obtain Criminal Records Bureau disclosures which show spent convictions, bindovers or cautions for posts which will bring the employee or volunteer into contact with vulnerable groups, such as the elderly, sick, disabled or children and for other categories of posts contained within the Rehabilitation of Offenders Act.

If the post for which you are applying has been classified as requiring a Criminal Records Bureau disclosure you will be asked to complete a disclosure application, either at the shortlisting stage or if offered the post. These forms will be treated as strictly confidential and only the disclosure application for the successful applicant will be sent to the Criminal Records Bureau. All other disclosure applications will be shredded.

The disclosure of a criminal record, or other information, will not debar you from employment unless the Appointing Officer considers that the conviction renders you unsuitable for appointment. In making the decision, the Appointing Officer will consider the nature of the offence, how long ago and what age you were when it was committed and any other factors which may be relevant.

Your referees will also be advised that the post for which you are applying is exempt from the Rehabilitation of Offenders Act 1974 and that it is not, therefore, in any way contrary to reveal any information they may have concerning convictions which would otherwise be spent and which they may consider relevant to your suitability for employment.

Failure to declare a conviction, caution or bindover which later comes to light may result in summary dismissal.

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