1. As an organisation assessing applicants’ suitability for positions which are included in the Rehabilitation of Offenders Act 1974 (Exceptions) Order using criminal record checks processed through the Disclosure and Barring Service (DBS), North Yorkshire Council complies fully with the DBS code of practice and undertakes to treat all applicants for positions fairly.
2. North Yorkshire Council undertakes not to discriminate unfairly against any subject of a criminal record check on the basis of a conviction or other information revealed.
3. North Yorkshire Council can only ask an individual to provide details of convictions and cautions that it is legally entitled to know about. Where a DBS certificate can legally be requested (where the position is one that is included in the Rehabilitation of Offenders Act 1974 (Exceptions) order 1975 as amended, and where appropriate Policy Act Regulations as amended) North Yorkshire Council can only ask an individual about convictions and cautions that are not protected.
4. North Yorkshire Council is committed to the fair treatment of its staff and potential staff, regardless of race, gender reassignment, religion, sexual orientation, responsibilities for dependents, sex, age, marriage or civil partnership status, maternity/pregnancy, physical/mental disability or offending background.
5. North Yorkshire Council has this written policy on the recruitment of ex-offenders, which is available for all applicants on the jobs and careers pages of the North Yorkshire Council website.
6. North Yorkshire Council actively promotes equality of opportunity for all with the right mix of talent, skills and potential and welcome applications from a wide range of candidates, including those with criminal records. Candidates are selected for interview based on their skills, qualifications and experience and criminal record information is only considered following shortlisting.
7. A disclosure is only requested from the DBS after a thorough rationale has indicated that one is both proportionate and relevant to the position concerned. For those positions where a criminal record check is identified as necessary, all job adverts will contain a statement that a DBS certificate will be requested in the event of the individual being offered the position.
8. North Yorkshire Council ensures that relevant staff have received appropriate guidance and training in the relevant legislation relating to the employment of ex-offenders, for example, the Rehabilitation of Offenders Act 1974.
9. At interview, or in a separate discussion, North Yorkshire Council ensures that an open and measured discussion takes place on the subject of any offences or other matter that might be relevant to the position. Failure to reveal information that is directly relevant to the position sought could lead to withdrawal of an offer of employment.
10. North Yorkshire Council makes every subject of a criminal record check submitted to DBS aware of the existence of the code of practice and makes a copy available on request.
11. North Yorkshire Council undertakes to discuss any matter revealed on a DBS certificate with the individual seeking the position before withdrawing a conditional offer of employment.