Adverse information in criminal record checks
Find guidance for local consideration of adverse criminal record checks
Adverse information refers to when a criminal record check reveals information that might prevent someone from taking on a certain job or voluntary role.
At Scouts, when adverse information is revealed from someone’s criminal record check:
England, Wales & Northern Ireland
- An email (or letter) is sent to the applicant asking them to provide their original copy of their certificate.
- An email is then sent to the relevant Lead Volunteer informing them of the request.
- A reminder email (or letter) is sent to the applicant after 10- 15 days if there’s been no response.
If they’ve not responded in 30 days, their Scouts membership will end for non-compliance (as they’ve failed to complete the National Vetting process). The applicant will be sent a letter explaining the decision to end their membership, with a copy also sent to the relevant Lead Volunteer.
Scotland
- UKHQ Safeguarding Team will receive a copy of the applicant’s certificate directly from Disclosure Scotland.
Then, the information contained on the certificate will be assessed using the Safeguarding and Vetting Decision Guidance (see POR Chapter 16: Adult Roles).
Safeguarding and Vetting Decision Guidance – local consideration
When information from a criminal record check is assessed using the Safeguarding and Vetting Decision Guidance as requiring local consideration, a letter is sent to the relevant Lead Volunteer through scouts.org.uk. The letter will set out the details of the relevant information stated on the certificate (such as details of the convictions) along with specific guidance on the information provided, and suggested questions for the relevant Lead Volunteer to discuss with the applicant to support their decision-making.
The information provided is for Lead Volunteers or Volunteer Safeguarding Leads to access only. It’s an offence contrary to S124 of Police Act 1997 / S66 Protection of Vulnerable Groups (Scotland) Act 2007 to reveal any information provided through a criminal record check, other than to those directly involved.
What to do locally
Local approaches will vary depending on the type of role under consideration. Applicants should be given the opportunity to explain the circumstances surrounding their offence(s). Relevant Lead Volunteers and Volunteer Safeguarding Leads should use this information, and the information provided by the Safeguarding Team, when making their decision.
Questions to ask
As well as any other appropriate questions appropriate for the role, the relevant Lead Volunteer and/or Volunteer Safeguarding Lead should ask the following to support them with their decision-making:
- What were the circumstances surrounding the offence(s)?
- How have the volunteer’s circumstances changed since the offence(s)?
- What are their reflections on the offence(s)?
- Any other questions suggested in the letter from the Safeguarding Team (see above).
Factors that might also be relevant include:
- Their age at the time of the offence(s).
- The length of time since the offence(s) occurred.
- Are the conviction(s) relevant to the position applied for?
Issues to consider
Relevant Lead Volunteers and/or Volunteer Safeguarding Leads should consider the following three points when making their decision:
- Do the actions of the individual affect the health and welfare of young people? If the answer is ‘yes’, ‘probably’ or ‘possibly’, then careful consideration must be given to their suitability to volunteer.
- Do the actions of the individual affect the reputation of Scouts? If this volunteer becomes a member of the movement, is it likely to damage our reputation in the eyes of parents/ carers, the general public, other organisations and so on?
- Do the actions of the individual affect themselves, other adults and their working relationships? If the individual is allowed to continue working with young people, this could cause problems for them in their private life, employment, reputation in the community and so on.
Potential Decisions
There are three potential outcomes:
- Appointment – The individual is allowed to join Scouts.
- Appointment with restrictions – The individual is allowed to join Scouts with some adjustments to their role. For example:
• A Beaver Section Team Member with a caution for theft from two years ago is OK to join Scouts, but won’t be allowed to handle funds for their section.
• A Team Leader with a conviction for drink driving from three years ago may not drive for any Scouts purposes.
Any restrictions added to a role must be notified to the Safeguarding Team. - Not appointed – It isn’t appropriate for the individual to join Scouts at this time. A suitable way to let them know the outcome might be to say:
'Unfortunately, after considering the information on your criminal record check and given how recent your offences are (or how many offences there are), we can’t let you volunteer with us at this time. We may be able to consider an application from you in the future, subject to you completing the National Vetting Process. Thank you for your time.'
Completing the process
Once a decision has been made locally, the relevant Lead Volunteer must update scouts.org.uk with the outcome to update the volunteer’s record. The National Vetting Process is only complete once this is done.