CRB - Code of Practice

Company Name: Selby Shotokan Karate Club
Code of Practice

Introduction

This Code of Practice is published under Section 122 of the Police Act (the “Act”) in connection with the use of information provided to registered persons (Disclosure Information) under Part V of that Act.

Disclosure information is information:
Contained in criminal record certificates under section 113 of the Act (which are referred to in this code of “Standard Disclosures”): or
Contained in enhanced criminal record certificates under section 115 of the Act (referred to in this code as “Enhanced Disclosures): or
Provided by the Police under section 115(8) of the Act

Except where indicated otherwise, the Code of Practice applies to all recipients of Disclosure information. That is to say:

Registered persons
Those countersigning disclosure applications on behalf of registered person; and
Others receiving such information (Paul Brant)
Where reference is made to “employers”, this should be read as including any person at whose request a registered person has countersigned an application, including:

Voluntary organisations and other engaging, or using the services of, volunteers; and
Regulatory and licensing bodies (Paul Brant and Rebecca Brant)
Further information relating to the Code and other matters relating to registered persons and others having an involvement with the Disclosure information, is contained in an explanatory guide.

Obligations of the Code

These are as follows:

1. Fair Use of Disclosure Information
Recipients of Disclosure information shall:

o observe guidance issued or supported by the Criminal Records Bureau (the “Bureau”) on the use of Disclosure information – and, in particular, recipients of the Disclosure information shall not unfairly discriminate against the subject of Disclosure information on the basis of conviction or other details revealed.

In the interest of the proper use of Disclosure information and for the reassurance of persons who are the subject of disclosure information, registered persons shall:

o have a written policy on the recruitment of ex-offenders so that a copy can be given to all applicants for positions where a disclosure will be requested;
o ensure that a body or individual at whose request applications for Disclosure are countersigned has such a written policy and, if necessary, provide a model for that body or individual to use.

In order that persons who are, or who may be, the subject of Disclosure information are made aware of the use of such information and be reassured employers shall:

o ensure that applications forms for positions where Disclosures will be requested contain a statement that a Disclosure will be requested in the event of a successful application so that applicants are aware of the situation;
o include in applications forms or accompanying material a statement to the effect that a criminal record will not necessarily be a bar to obtain the position in order to reassure applicants that Disclosure information will not be used unfairly;
o Discuss any matters revealed in Disclosure information with the person seeking the position before withdrawing an offer of employment;
o Make every subject of a Disclosure aware of the existence of this Code of Practice and make a copy available on request.
o In order to assist staff to make appropriate use of Disclosure information in reaching decisions, make available guidance in relation to the Employment and Fair Treatment of Ex-Offenders and to the Rehabilitation of Offenders Act 1974.

2. Handling of Disclosure Information
Recipients of Disclosure information:

o Must ensure that Disclosure information is not passed to persons not authorised to receive under section 124 of the Act. Under section 124 unauthorised disclosure is an offence;
o Must ensure that disclosures and the information they contain are available only to those who need to have access in the course of their duties;
o Must securely store disclosures and the information that they contain;
o Should retain neither Disclosures nor a record of Disclosure information contained within them for longer than is required for the particular purpose. In general this should be no later than six months after the date on which recruitment or other relevant decisions have been taken, or after the date on which any dispute about the accuracy of the Disclosure information has been resolved. This period should be exceeded only in very exception circumstances which justify retention for a longer period.

Registered persons shall:

o Have a written security policy covering the correct handling and safe-keeping of Disclosure information;
o Ensure that a body or individual at whose request applications for Disclosures are counter-signed has such a written policy and, if necessary, provide a model for that body or individual to adopt.

3. Assurance
Registered persons shall:

o Co-operate with requests from the Bureau to undertake assurance checks as to the proper use and safe-keeping of Disclosure information;
o Report to the Bureau any suspected malpractice in relation to this Code of Practice or any suspected offences in relation to the misuse of Disclosures.

4. Umbrella Bodies

A. An umbrella body is one which is registered with the Bureau on the basis that it will countersign applications on behalf of others who are not registered;
B. Umbrella bodies must satisfy them selves that those on whose behalf they intend to countersign applications are likely to ask exempted questions under the Exceptions Order to the Rehabilitation of Offenders Act 1974.’
C. Umbrella bodies must take reasonable steps to ensure that those to whom they pass Disclosure information observe the Code of Practice.

5. Failure to Comply with the Code of Practice

The Bureau is empowered to refuse to issue a Disclosure if it believes that:

o A registered person; or
o Someone on whose behalf a registered person has acted;
Has failed to comply with the Code of Practice.

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CRB - Policy on recruitment

Company Name: Selby Shotokan Karate Club

Policy statement on the recruitment of ex-offenders

As an organisation using the Criminal Records Bureau (CRB) Disclosure service through an umbrella body to assess applicants' suitability for positions of trust, Selby Shotokan Karate Club complies fully with the CRB Code of Practice and undertakes to treat all applicants for positions fairly. It undertakes not to discriminate unfairly against any subject of a Disclosure on the basis of conviction or other information revealed.

Selby Shotokan Karate Club is committed to the fair treatment of its staff, potential staff or users of its services, regardless of race, gender, religion, sexual orientation, responsibilities for dependants, age, physical/mental disability or offending background.
We have a written policy on the recruitment of ex-offenders, which is made available to all Disclosure applicants at the outset of the recruitment process.

We actively promote 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. We select all candidates for interview based on their skills, qualifications and experience.
A Disclosure is only requested after a thorough risk assessment has indicated that one is both proportionate and relevant to the position concerned. For those positions where a Disclosure is required, all application forms, job adverts and recruitment briefs will contain a statement that a Disclosure will be requested in the event of the individual being offered the position.
Where a Disclosure is to form part of the recruitment process, we encourage all applicants called for interview to provide details of their criminal record at an early stage in the application process. We request that this information is sent under separate, confidential cover, to a designated person within Selby Shotokan Karate Club and we guarantee that this information is only be seen by those who need to see it as part of the recruitment process.

Unless the nature of the position allows Selby Shotokan Karate Club to ask questions about your entire criminal record we only ask about "unspent" convictions as defined in the Rehabilitation of Offenders Act 1974.

We ensure that all those in Selby Shotokan Karate Club who are involved in the recruitment process have been suitably trained to identify and assess the relevance and circumstances of offences. We also ensure that they have received appropriate guidance and training in the relevant legislation relating to the employment of ex-offenders, e.g. the Rehabilitation of Offenders Act 1974.

At interview, or in a separate discussion, we ensure 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.

We make every subject of a CRB Disclosure aware of the existence of the CRB Code of Practice and make a copy available on request.
We undertake to discuss any matter revealed in a Disclosure with the person seeking the position before withdrawing a conditional offer of employment.

Having a criminal record will not necessarily bar you from working with us. This will depend on the nature of the position and the circumstances and background of your offences.

Signed: Original Signed and sent to Credo A2R

Date: 5th Jan 2009
Print Name: Paul Brant

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CRB - Policy on storage of Information

Company Name: Selby Shotokan Karate Club

Policy Statement on the secure storage, handling, use, retention & disposal of Disclosures & Disclosure information

General Principles
As an organisation using the Criminal Records Bureau (CRB) Disclosure service through an umbrella body to help assess the suitability of applicants for positions of trust, Selby Shotokan Karate Club complies fully with the CRB Code of Practice regarding the correct handling, use, storage, retention and disposal of Disclosures and Disclosure information. It also complies fully with its obligations under the Data Protection Act and other relevant legislation pertaining to the safe handling, use, storage, retention and disposal of Disclosure information and has a written policy on these matters, which is available to those who wish to see it on request.

Storage & Access
Disclosure information is never kept on an applicant's personnel file and is always kept separately and securely, in lockable, non-portable, storage containers with access strictly controlled and limited to those who are entitled to see it as part of their duties.

Handling
In accordance with section 124 of the Police Act 1997, Disclosure information is only passed to those who are authorised to receive it in the course of their duties. We maintain a record of all those to whom Disclosures or Disclosure information has been revealed and we recognise that it is a criminal offence to pass this information to anyone who is not entitled to receive it.

Usage
Disclosure information is only used for the specific purpose for which it was requested and for which the applicant's full consent has been given.

Retention
Once a recruitment (or other relevant) decision has been made, we do not keep Disclosure information for any longer than is absolutely necessary. This is generally for a period of up to six months, to allow for the consideration and resolution of any disputes or complaints. If, in very exceptional circumstances, it is considered necessary to keep Disclosure information for longer than six-months, we will consult the CRB about this and will give full consideration to the Data Protection and Human Rights individual subject before doing so. Throughout this time, the usual conditions regarding safe storage and strictly controlled access will prevail.

Disposal
Once the retention period has elapsed, we will ensure that any Disclosure information is immediately suitably destroyed by secure means, i.e. by shredding, pulping or burning. While awaiting destruction, Disclosure information will not be kept in any insecure receptacle (e.g. waste bin or confidential waste sack). We will not keep any photocopy or other image of the Disclosure or any copy or representation of the contents of a Disclosure. However, notwithstanding the above, we may keep a record of the date of issue of a Disclosure, the name of the subject, the type of Disclosure requested, the position for which the Disclosure was requested, the unique reference number of the Disclosure and the details of the recruitment decision taken.

Signed: Original Signed and sent to Credo A2R
Date: 5th Jan 2009
Print Name: Paul Brant

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