Recruitment of ex-offenders guidance
Published 28 January 2025
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1. Introduction
There is an expectation that all organisations will have their own policy on the recruitment of ex-offenders. Registered Bodies, Responsible Organisations, and those in receipt of Update Service information must have a policy and this should be made available to all applicants upon request. DBS cannot stipulate what must be included, however there is guidance below on what all organisations could consider incorporating.
This guidance is not legal advice and organisations should conduct a risk assessment to decide exactly what their policy should include.
It may be appropriate to seek legal advice, or to contact relevant organisations for advice, for example Nacro (Employer Advice Service) or Unlock. Other organisations such as the NSPCC and Skills for Care (Safer Employment resources) provide sector specific guidance.
2. Guidance on content
All organisations should consider the inclusion of the following points (where relevant) in their policies:
- that they only ask an individual to provide details of convictions and cautions they are legally entitled to know about
- that a thorough risk assessment has been conducted before deciding it is both proportionate and relevant to the position concerned to apply for a Standard or Enhanced DBS check, also ensuring the role is legally eligible for one of these types of check
- for those positions where a DBS check is identified as necessary, all application forms and other relevant recruitment documentation will contain a statement that an application for a DBS certificate will be submitted in the event of the individual being offered the position
- that they undertake to treat all applicants for positions fairly and do not discriminate unfairly against any subject of a criminal record check on the basis of a conviction, caution or other information revealed
- that an open and measured discussion takes place on the subject of any offences or other matter that might be revealed on a DBS check where it is not explicit in the policy that such information would be a barrier to employment
- that the organisation abides by the DBS Code of Practice and/or the Basic check: Processing standards
- that they 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
- that all candidates are selected for interview based on their skills, qualifications and experience