The Police Disclosure of Non-conviction Information to Employers (2010–to the Present Day)
The disclosure of police held ‘non conviction information’ on Enhanced certificates is now undertaken by the police in accordance with a statutory test for relevance and an assessment of ‘proportionality’ in accordance with the European Convention on Human Rights. It is the Chief Officer’s responsibility to decide what intelligence is relevant and ought to be disclosed. The police do not decide what convictions and cautions are disclosed. In situations where an applicant disputes the relevancy of police ‘non conviction information’ disclosed on a certificate, then there is a separate process for appealing the police decision through the Independent Monitor, created by the Protection of Freedoms Act 2012. The disclosure of convictions and cautions is not subject to that appeal route.
KeywordsProtection of Freedoms Act 2012 Disclosure and Barring Service Vetting and Barring Scheme ‘Registered Bodies’
- BBC News. (2016, December 14). London Criminal Check Delays a ‘Great Concern’ as Jobs Lost. Available at https://www.bbc.co.uk/news/uk-england-london-38265255. Accessed 1 February 2019.
- Churchill, D. (2016, January 14). Trainee Nurses Caught in Criminal Checks Backlog. Evening Standard.Google Scholar
- DWP (Department of Work and Pensions). (2013, March 4). Jobseekers Required to Use Universal Jobmatch (Press release). Available at https://www.gov.uk/government/news/jobseekers-required-to-use-universal-jobmatch. Accessed 31 March 2018.
- DWP (Department of Work and Pensions). (2016, April 11). Universal Credit and Your Claimant Commitment. London. Available at https://www.gov.uk/government/publications/universal-credit-and-your-claimant-commitment-quick-guide/universal-credit-and-your-claimant-commitment. Accessed 31 March 2018.
- DWP (Department of Work and Pensions). (2018a, April 20). New ‘Find a Job’ Service to Support Thousands of Jobseekers into Work (Press release). Available at https://www.gov.uk/government/news/new-find-a-job-service-to-support-thousands-of-jobseekers-into-work. Accessed 29 October 2018.
- DWP (Department of Work and Pensions). (2018b, June 13). Universal Jobmatch/Find a Job (Letter from Minister of State for Employment). Available at https://www.parliament.uk/documents/commons-committees/work-and-pensions/Correspondence/180619-Alok-Sharma-to-Chair-Universal-Jobmatch-Find-A-Job.pdf. Accessed 29 October 2018.
- Greenfield, P. (2018, August 19). Met Police Deny Looser Background Checks Put People in Danger. The Guardian.Google Scholar
- Harper, T. (2018, August 19). 20,000 Slip Through Child Security Police Vetting. Sunday Times.Google Scholar
- Home Office. (2005). Criminal Records Bureau: Local Checks by Police Forces for the Purpose of Enhanced Disclosures (Circular No. 5/2005). London.Google Scholar
- Home Office. (2011, December 6). Independent Review of the Criminal Records Regime—Government Response. London.Google Scholar
- House of Commons. (2017, October 27). Disclosure of Youth Criminal Records. Justice Committee First Report of Session 2017–19 (HC 416). London.Google Scholar
- IM (Independent Monitor). (2017). Annual Report 2016. Available at https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/686043/Annual_Report_for_the_Independent_Monitor_2016.pdf. Accessed 4 May 2019.
- Lammy Review. (2017, September). An Independent Review into the Treatment of, and Outcomes for, Black, Asian and Minority Ethnic Individuals in the Criminal Justice System. London.Google Scholar
- Mason, S. (2010). A Balanced Approach: Safeguarding the Public Through Fair and Proportionate Use of Accurate Criminal Record Information. London: Home Office.Google Scholar
- Mason, S. (2011a). A Common Sense Approach: A Review of the Criminal Records Regime in England and Wales—Report on Phase 1. London: Home Office.Google Scholar
- Mason, S. (2011b). A Common Sense Approach: A Review of the Criminal Records Regime in England and Wales—Report on Phase 2. London: Home Office.Google Scholar
- Mason, S. (2011c). Review of the Northern Ireland Criminal Records Regime.Google Scholar
- Mason, S. (2011d). Filtering of Old and Minor Offending from Criminal Record Bureau Disclosures.Google Scholar
- MoJ (Ministry of Justice). (2018, January). Disclosure of Youth Criminal Records. Government Response to Justice Committee’s First Report of Session 2017–19 (Cm. 9559). London.Google Scholar
- Sands, C. (2016, March). Growing Up, Moving On: The International Treatment of Childhood Criminal Records. The Standing Committee for Youth Justice. London. Available at http://scyj.org.uk/wp-content/uploads/2017/07/Growing-Up-Moving-on-A-report-on-the-childhood-criminal-record-system-in-England-and-Wales.pdf. Accessed 8 May 2019.
- Taylor Report. (2016, December). Review of the Youth Justice System in England and Wales. (Cm. 9298). London: Ministry of Justice. Available at https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/577103/youth-justice-review-final-report.pdf. Accessed 28 January 2019.
- Temple, A. (2018, October). Police Records: A Guide for Professionals. Just for Kids Law, London. Available at https://www.justforkidslaw.org/wp-content/uploads/2018/10/Police-Records-Guide-for-Professionals-October-2018.pdf. Accessed 21 February 2019.
- Tims, A. (2016, May 22). DBS: The Safety Check Backlog That Means Nurses, Carers and Teachers Cannot Work. The Observer.Google Scholar