University of Wales Swansea s1

SWANSEA UNIVERSITY COLLEGE OF HUMAN AND HEALTH SCIENCES

Policy and procedures in respect of disclosure of criminal record(s) for applicants to Pre-Qualifying professional programmes

1. Introduction

Certain programmes of study within the University require that students are screened by means of a Disclosure obtained from the Disclosure and Barring Service (DBS).1 This is an impartial and confidential document that details the applicant’s criminal record and/or antisocial behaviour and also, where appropriate, indicates whether the applicant is banned from working with children. Professional programmes offered at the College of Human and Health Science require an “Enhanced” rather than a “Standard” Disclosure. This draws on additional sources of information: the Police National Computer (PNC), Local Police Force Records, the Department of Health, and the Department for Education and Skills.

2. The Disclosure and Barring Service

The DBS is an executive agency of the Home Office, set up to help organisations make safer recruitment decisions. By providing access to criminal record information the DBS helps organisations in the public, private and voluntary sectors, including educational institutions, to identify applicants who may be unsuitable for certain types of work or study, in particular that involving contact with children or other vulnerable members of society.

3. Registered Body

Swansea University is a Registered Body with the DBS. As such it adheres to the DBS Code of Practice (2012) which can be found at;

https://www.gov.uk/government/publications/dbs-code-of-practice

Information received from the DBS will be handled in an appropriate, sensitive and confidential fashion.

The University has nominated members of staff who are currently responsible for handling the Disclosure process in the College of Human and Health Sciences.

Lead Signatory: Head of College;

Counter Signatory: Director of Pre-qualifying Studies.

The above named individuals have also been subject to Disclosure and have been approved by the DBS.

4. The College of Human and Health Sciences Application Process

1 The College actively promotes widening access and equality of opportunity for all. It accepts applications from a wide range of individuals, including those with criminal records. For a number of professional programmes, applicants will normally be fully DBS checked prior to enrolment on their chosen programme of study.

All applications are reviewed and, if appropriate, individuals are offered a selection interview to assess their skills, qualifications and experience. It is only after the applicant has been offered and has accepted a place on the desired programme of study, that the applicant’s criminal record is acquired and considered. In exceptional circumstances, an applicant may be allowed to commence their programme of study with their DBS Disclosure pending but must note that they will not be able to participate in practical situations with patients or clients until a satisfactory DBS Disclosure has been received. Should the DBS Disclosure prove unsatisfactory, the applicant may subsequently be withdrawn from the programme of study.

5. Disclosure Process at Application

The requirement for a DBS Disclosure is explicit on all UCAS application documentation and Swansea University literature relating to application for the relevant degree programmes. Applicants are cautioned that failure to disclose a caution, conviction, reprimand or warning on the UCAS application or at interview could be perceived as dishonesty and could influence a decision about whether to accept an applicant at a later point in the process.

The completed application form is reviewed on receipt, however, it should be noted that if the relevant section indicates that the applicant does have a conviction, caution, reprimand or warning, it is not considered at this point. Each application is assessed on its individual merits and in conjunction with standardised assessment criteria.

The applicant should be aware that in 2013 changes have been made to those convictions or cautions that can be considered ‘spent’. The DBS now uses new filtering rules to determine the spent nature of convictions;

For those ages 18 or over at the time of the offence

An adult conviction will be removed from a DBS certificate if;  11 years have elapsed since the date of conviction and  It is the person’s only offence and  It did not result in a custodial sentence

Even then, the conviction will only be removed if it does not appear on the list of offences which will never be removed from a certificate. If the person has more than one offence, then details of all their convictions will always be included.

An adult caution will be removed after 6 years have elapsed since the date of the caution – but only if it does not appear on the list of offences that will never be removed from a certificate that are relevant to safeguarding.

For those aged under 18 at the time of the offence The same rules apply as for adult convictions, except that the elapsed time period is 5.5 years.

The same rules apply as for adult cautions, except that the elapsed time period is 2 years.

The list of offences relevant to safeguarding can be found at;

https://www.gov.uk/government/publications/dbs-list-of-offences-that-will- never-be- filtered-from-a-criminal-record-check

6. Process at Selection Interview relating to DBS Disclosure for all professional programmes of study.

At interview, applicants will be asked whether they have a caution, conviction, reprimand or warning. However, applicants are not required to disclose any detailed information about the nature of a conviction, caution, reprimand or warning at interview. Applicants are cautioned that failure to disclose the presence of a caution, conviction, reprimand or warning at interview could be perceived as dishonesty and could influence a decision about whether to accept an applicant at a later point in the process.

The only exception to this process is in relation to Social Work applicants. Applicants to this programme may be asked to provide more detailed information about the DBS Disclosure in a written format, which will be presented to the Admissions Tutor in a sealed envelope. The contents of the envelope will only be inspected once a decision has been made whether or not to offer the applicant a conditional offer of a place on the programme. The information provided will then be discussed anonymously with a nominated representative from Care Council Wales in order to determine the applicant’s suitability to practice.

7. Process to follow relating to DBS Disclosure once a conditional offer has been made.

The application form for a DBS disclosure will be sent to the applicant at the time that a conditional offer is made. At that time it becomes the applicant’s responsibility to complete the DBS application form and to send it to the Disclosure and Barring Service, along with the required fee.

The Disclosure will be returned to the applicant’s own address. Once the applicant receives this Disclosure it must be presented to delegated staff within the College of Human and Health Sciences for scrutiny. This can be done, either by;

a) Bringing it to the Admissions Office, Room 148, First Floor, Glyndwr Building, Swansea University, Singleton Park, Swansea SA2 8PP where it will be reviewed and returned to you. A copy of the Disclosure may be taken at this point. OR by;

b) Sending your DBS Criminal Record Check by Recorded Delivery to the Admissions Office, Room 148, First Floor, Glyndwr Building, Swansea University, Singleton Park, Swansea SA2 8PP. Once reviewed, it will be returned to you by Recorded Delivery. A copy of the Disclosure may be taken.

Only original copies are acceptable; scanned or photocopied Disclosures will not be considered.

Where a Disclosure indicates the presence of a caution, conviction, reprimand or warning, the information provided will then be carefully considered by the Fitness to Practice and Professional Suitability panel. For more information about the role and makeup of this panel, please see section 7.

If the applicant already subscribes to the DBS update service it may be possible to carry out a Status Check in line with DBS process: more information at www.gov.uk/dbs-update-service

Other information

 The College will require a new DBS check, even if the applicant is able to present a Disclosure from a present or previous post (unless registered with the DBS Update Service).

 The DBS impose a Disclosure charge, the cost of which will be met by the applicant.

 It is the applicant’s responsibility to submit a Disclosure form for scrutiny within the time frame designated by the programme team. Failure to adhere to this deadline may result in the removal of the conditional offer to undertake the programme.

 Where a Disclosure indicates a criminal record for an applicant, the applicant will be invited to interview with two designated members of staff (as members of the Fitness to Practice and Professional Suitability panel) in order to explore the circumstances leading to the caution, conviction, reprimand or warning.

 If a conviction or caution is indicated that has not been disclosed, depending on the nature of the Disclosure the applicant may:

. Have the offer withdrawn immediately or . Be asked to attend an interview with two designated members of staff (as members of the Fitness to Practice and Professional Suitability Panel) to explore the circumstances leading to the caution, conviction, reprimand or warning.

8. The College of Human and Health Sciences Fitness to Practice and Professional Suitability Panel.

This panel has the responsibility for assessing the suitability of applicants whose DBS Disclosure contains information regarding criminal offences. This panel will impartially assess the Applicant’s suitability to commence the desired programme of study against pre-determined criteria and will decide whether the applicant is considered to be suitable for entry.

Membership of the panel is made up of senior staff representatives of the College of Human and Health Sciences who are involved in programmes requiring an enhanced DBS Disclosure alongside representatives of those partner organisations that facilitate student placements (e.g. Health Boards, Welsh Ambulance Service Trust and Local Authorities).

DBS Panel membership will normally be drawn from:

. Chair of the Panel – Director of Quality . Director of Pre-Qualifying Studies . Programme Director . Representative from NHS Health Board, or other placement providers . Admissions Tutor

Those members of staff that have previously met with the applicant will present to the panel the facts presented on the DBS Disclosure along with the applicant’s explanation of the events leading to the caution, conviction, reprimand or warning. In order to accord with the DBS Code of Practice (2009) and to ensure an impartial decision, the applicant’s identity will be withheld from the other panel members.

A collective recommendation as to the continuation or withdrawal of the offer of a place on the chosen programme will be made by the panel based on the information presented and may take into account the applicant’s likelihood of securing employment in their chosen profession, the length of time since the caution, conviction, reprimand or warning, as well as any interventions that the applicant may have taken to make amends for previous behaviour.

This collective recommendation will then be forwarded to the Pro-vice Chancellor (PVC) Student Experience. The ultimate decision will rest with the PVC.

The applicant will be informed in writing of the outcome regarding their application.

Applicants have the right to appeal the decision of the Fitness to Practice and Professional Suitability panel. In the first instance, any appeal should be made in writing and should clearly set out the basis for the appeal. Appeals should follow the Appeals Procedure set out by the University – please see: http://www.swan.ac.uk/admissions/appealsprocedure/

If applicants have a complaint about the admissions process and decision- making they are advised to follow the University’s complaints procedure: http://www.swan.ac.uk/admissions/complaintsprocedure/

9. Criteria for Assessment of Criminal Offences

Category A: Applicants with criminal convictions, cautions, reprimands or warnings including any of the following will be rejected irrespective of time lapse between conviction and application.

Category A includes offences involving: child abuse, sexual abuse, sexual offences, abuse of vulnerable adults, pornographic offences, dealing in drugs and grievous bodily harm (GBH).

Any inclusion on the . List held under Section 142 of the Education Act 2002 . Protection of Children Act 1999 List information OR . Other relevant information disclosed at the Chief Police Officer(s) discretion.

Applicants with cautions or conviction that fall into Category A are unlikely to secure a place on a professional programme within the CHHS.

Category B:

Applicants with any other criminal convictions, outside category A, that ARE NOT considered to be spent within the definition of the Rehabilitation of Offenders Act 1974 (amended 2013), will require careful consideration.

Applicants with single offences may be prescribed a fixed period beyond which they can reapply. Repeat offenders will not be considered for admission.

Applicants are not normally accepted with a conviction for actual bodily harm recorded against them.

Category C:

Applicants with any other convictions, cautions, reprimands or warnings (other than Category A) that ARE considered spent under the Rehabilitation of Offenders Act 1974 (amended 2013).

Category C includes those offences not included under Category A, e.g. common assault and battery, drug related offences, offences showing evidence of lack of honesty, fraud, theft, trustworthiness, driving with excess alcohol and antisocial behaviour.

The Panel will consider

 the seriousness of the offence  the number of offences  the period between the last offence and application  the pattern of convictions  changes in circumstances since conviction  whether the offence has been disclosed by the applicant on the UCAS form, at interview or via DBS Disclosure.

Should the panel be unable to reach a collective recommendation, the Director of Quality and/or the Director of Pre-Qualifying Studies will take advice from the Assistant Registrar (Student Complaints & Discipline) and will then refer the case to the PVC (Student Experience) for a final decision.

10. Storage, Retention and Disposal of Documentation

Information provided on the Disclosure is only used for the specific purpose for which it was requested and for which the applicant’s full consent has been given.

Where a Disclosure reveals the presence of a conviction, caution, warning or reprimand a scanned copy of the Disclosure will be taken. This will be retained on a secure database with limited access. In all other cases, the Disclosure will be returned to the applicant.

Once an admissions decision has been made, the College does not keep Disclosure information for any longer than is 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, the College will consult the DBS about this and will give full consideration to the Data Protection and Human Rights of the individual before doing so. Throughout this time, the usual conditions regarding the safe storage and strictly controlled access will prevail.

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

10. Date Protection Act 1998

The DBS has a Privacy Statement stating that it is fully committed to comply with the Data Protection Act 1998. This and other DBS documents can be viewed on their website: http://www.DBS.gov.uk/

The College of Human and Health Sciences is fully committed to compliance with the Data Protection Act 1998.

11. Contacts

Further information regarding Disclosure can be obtained from the following:

Admissions and Recruitment Office Academic Services College of Human and Health Sciences Glyndwr Building Swansea University, Singleton Park Swansea SA2 8PP www.swansea.ac.uk/humanandhealthsciences

Disclosure Service DBS PO Box 110 Liverpool L3 6ZZ Tel: 0870 90 90 844

12. Resources

Rehabilitation of Offenders Act (1974) http://www.legislation.gov.uk/ukpga/1974/53

The 2013 Amendment to the rehabilitation of Offenders Act (1974) http://www.legislation.gov.uk/ukdsi/2013/9780111537718/contents

Section 142 of the Education Act (2002) http://www.legislation.gov.uk/ukpga/2002/32/contents

Protection of Children Act (1999) http://www.legislation.gov.uk/ukpga/1999/14/contents

Protection of Vulnerable Adults list (2004)

ISA Vulnerable Adult List http://www.criminalrecordchecks.co.uk/pova-list.htm

DBS Code of Practice (2009) http://www.homeoffice.gov.uk/publications/agencies- public-bodies/DBS/about-the-DBS/DBS-cop?view=Binary

Written by Approved Jane Thomas May 2006 Amended JT Jan 2007 Amended Mary Paget November 2012 Amended Mary Paget August 2013 APPENDIX A

Documentary requirements for DBS Disclosure Application

For a DBS Disclosure application, the following original documents are required; 1 document from Group 1 and 2 further documents from Group 1, 2a or 2b, one which must verify the applicant’s current address

Group 1 – Primary Trusted Identity Credentials

 Current valid Passport.  Biometric Residence Permit (UK).  Current Driving Licence (UK) (Full or provisional) Isle of Man /Channel Islands;  Photo card only (a photo card is only valid if the individual presents it with the associated counterpart licence; except Jersey).  Birth Certificate (UK and Channel Islands) - issued at the time of birth;  Full or short form acceptable including those issued by UK authorities overseas, such as Embassies, High Commissions and HM Forces. (Photocopies are not acceptable).

Group 2a – Trusted Government/State Issued Documents

 Current UK Driving licence (old style paper version).  Current Non-UK Photo Driving Licence (valid for up to 12 months from the date the applicant entered the UK).  Birth Certificate (UK and Channel Islands) - (issued after the time of birth by the General Register Office/relevant authority i.e. Registrars – Photocopies are not acceptable).  Marriage/Civil Partnership Certificate (UK and Channel Islands).  Adoption Certificate (UK and Channel Islands).  HM Forces ID Card (UK).  Fire Arms Licence (UK and Channel Islands).

Group 2b – Financial/Social History Documents

 Mortgage Statement (UK or EEA)** (Non-EEA statements must not be accepted).  Bank/Building Society Statement (UK and Channel Islands or EEA)* (Non- EEA statements must not be accepted).  Bank/Building Society Account Opening Confirmation Letter (UK).  Credit Card Statement (UK or EEA)* (Non-EEA statements must not be accepted).  Financial Statement ** - e.g. pension, endowment, ISA (UK).  P45/P60 Statement **(UK & Channel Islands).  Council Tax Statement (UK & Channel Islands). **  Work Permit/Visa (UK) (UK Residence Permit) (valid up to expiry date). **`  Letter of Sponsorship from future employment provider (Non-UK/Non-EEA only – valid only for applicants residing outside of the UK at time of application).  Utility Bill (UK)* – Not Mobile Telephone.  Benefit Statement* - e.g. Child Allowance, Pension.  A document from Central/ Local Government/ Government Agency/ Local Authority giving entitlement (UK & Channel Islands)*- e.g. from the Department for Work and Pensions, the Employment Service , Customs & Revenue, Job Centre, Job Centre Plus, Social Security.  EU National ID Card.  Cards carrying the PASS accreditation logo (UK and Channel Islands).  Letter from Head Teacher or College Principal (16/19 year olds in full time education – (only used in exceptional circumstances when all other documents have been exhausted) (UK only).

Please note: If a document in the List of Valid Identity Documents is:

 Denoted with * - it should be less than three months old.  Denoted with ** - it should be issued within the past 12 months. Not denoted – it can be more than 12 months old.