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Employment of Ex-Offenders Policy

4 min read

Date: October 2025
Review Date: October 2026
Coordinator: Head
Nominated Governor: Designated Safeguarding Lead (DSL)
Version: v10.25

1. Purpose

This policy ensures that The Haven Academy acts fairly, lawfully, and without discrimination when considering applications from individuals with criminal records.
It fulfils our duties under the Rehabilitation of Offenders Act 1974 (Exceptions Order 1975), the DBS Code of Practice, and Keeping Children Safe in Education (KCSIE 2025).

Our aim is to:

  • Safeguard children and young people in all aspects of recruitment and employment.

  • Promote an inclusive, restorative culture in which past mistakes, where irrelevant to safeguarding, do not automatically exclude a person from meaningful work.

  • Comply fully with the law and ensure transparency for all applicants.

2 Scope

Applies to all:

  • Employees, contractors, agency workers, volunteers, and governors.

  • Recruitment and vetting processes across The Haven’s online and hybrid provision.

3 Guiding Principles

  • Safeguarding first: the welfare of children is paramount.

  • Fairness and inclusion: no applicant is treated unfairly because of a criminal record that does not make them unsuitable to work with children.

  • Rehabilitation and growth: we believe in people’s capacity to learn and change.

  • Confidentiality: disclosure information is handled in accordance with GDPR and the DBS Code of Practice.

This policy operates under:

  • Rehabilitation of Offenders Act 1974 and *Exceptions Order 1975 (2013 & 2020 amendments)

    *

  • Police Act 1997 and *DBS Code of Practice

    *

  • *Data Protection Act 2018 / UK GDPR

    *

  • *Equality Act 2010

    *

  • *Keeping Children Safe in Education 2025

    *

  • *Independent School Standards (Part 4 – Suitability of Staff)

    *

5 Disclosure and Recruitment Process

  • **Advert and Application

    **

    - All job adverts state that an enhanced DBS check (with barred list information where appropriate) is required.

- Applicants are informed that The Haven has a policy on the recruitment of ex-offenders and can request a copy at the start of the process.

  • **Disclosure of Criminal Records

    **

    - Applicants are asked to disclose only information that is *not* “protected” under the Rehabilitation of Offenders Act (2013 & 2020 filtering rules).

- Disclosures are requested only after short-listing and before appointment.

  • **Consideration of Disclosures

    **

    - A criminal record will not automatically bar employment.

- Each case is assessed individually considering:
  
    - nature and seriousness of the offence;
  
    - relevance to the role and contact with children;
  
    - age at the time and circumstances;
  
    - pattern or isolated incident;
  
    - time elapsed since the offence;
  
    - evidence of rehabilitation.

- A risk assessment is completed by the DSL and Head of Learning before a decision is made.

  • **Information Storage

    **

    - Disclosure information is kept confidentially within The Haven Google Workspace secure drive (access limited to DSL and Senior Admin).

- Records are retained for no longer than six months after a recruitment decision, unless a safeguarding issue necessitates longer retention.

6 During Employment

  • Staff must declare any relevant cautions, convictions, or police investigations that arise during employment.

  • The Haven will review such disclosures in consultation with the LADO and decide whether action is required under the Managing Allegations Against Staff Policy v01.26.

  • Support and confidential discussion will be offered to any employee making a self-disclosure.

7 Confidentiality and Data Protection

  • Information about criminal records is treated as sensitive personal data.

  • Access is strictly controlled and used only for the purpose for which it was obtained.

  • The Haven complies with the DBS Code of Practice and the UK GDPR.

8 Training and Awareness

  • All staff involved in recruitment receive Safer Recruitment training which includes guidance on the fair handling of criminal record information.

  • DSL and Senior Admin staff receive periodic refreshers on data protection and DBS regulations.

9 Monitoring and Review

  • The DSL reviews this policy annually to ensure compliance with statutory guidance.

  • Lessons from case reviews and audit findings inform updates to practice.

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