Procedure for Disclosure and Barring Service screening for students volunteering through the University

1. Introduction

1.1 The University is required to have regulations and a detailed process for the consideration of applications for volunteering which require an enhanced Disclosure and Barring Service (DBS) check.

1.2 The policy and process set out in these regulations is in line with the DBS Code of Practice and other regulations, procedures and advice on good practice required by external organisations.

2. Policy on the student volunteers with a criminal conviction

2.1 A student who wishes to volunteer on behalf of the University and who will be working with a vulnerable group, will need to have a DBS check made and this will be informed by the volunteering policy. This means that all convictions (including cautions, reprimands or warnings), whether spent or not, must be disclosed. All applicants will be asked to disclose all information regarding criminal offences during their application to volunteer.

2.2 The declaration of a criminal offence (including convictions, cautions, reprimands or warnings) is not in itself a bar to volunteering on behalf of the University and any offence will be considered together with the applicant’s experience, and overall profile and the specifics of the volunteering experience. Failure to disclose a conviction which later appears on a check including a caution, reprimand or warning can be reason for rejection, as honesty and trustworthiness are of the utmost importance; however extenuating circumstances will be considered.

2.3 On occasion following a disclosure even if the University is prepared to put that individual forward, the final decision on being able to volunteer will rest with the external organization that the student will be placed with.

3. Ongoing requirement for disclosure

3.1 Once a student has been through the DBS screening process, they will not normally be screened again during their time volunteering unless there has been a period of interruption. However, students will be required to complete a self-disclosure form on commencement of each year of volunteering.

4. Disclosure and Barring Service screening

4.1 All applicants who wish to volunteer with vulnerable groups with the Volunteering team or the Pyramid scheme will be required to make an application for an enhanced disclosure application to the Disclosure and Barring Service (DBS). The University will be responsible for countersigning the application and forwarding it to the DBS.

4.2 The DBS will subsequently issue one copy of the Disclosure certificate to the applicant which the applicant must provide it to the University.

4.3 If a Disclosure certificate reveals a criminal conviction (including a caution, reprimand or warning), the conviction will be considered by a DBS Screening Panel outlined below.

4.4 This will be considered by the DBS Screening Panel outlined below.

5. Referral to the DBS Screening Panel

5.1 An applicant will be referred to a DBS Screening Panel where the DBS certificate shows that the applicant has a previous conviction.

5.2 If an applicant declares a conviction (including a caution, reprimand or warning) they will be invited to put the details surrounding the conviction in writing, together with any mitigating circumstances that they wish to submit.

6. Membership of the DBS Screening Panel

6.1 The membership of the DBS Screening Panel is as follows:

• Chair, Head of Student Services
• Head of Careers and Volunteering
• Head of the Pyramid Scheme

7. The DBS Screening Panel

7.1 The DBS Screening Panel meeting will meet to consider the available documentation for the applicant, which may include the following:

• Application Form
• DBS Disclosure Certificate
• Declaration of Suitability Form
• Statement (if submitted)
• References

7.2 In coming to a decision, the Panel will consider the available documentation.

7.3 The decision will consider the following overarching principles to judge whether the offence(s):

• 7.3.1 Constitute, or do not constitute, a risk to the safety and/or well-being of other members of the University community or safety of members of the public on volunteering projects that is inconsistent with the University’s duty of care.
• 7.3.2 Constitute, or do not constitute a reputational risk to the University or the external project.

7.4 The Panel must reach a decision based on the balance of probabilities, based on all the facts available at the time.

7.5 The DBS Screening Panel may decide one of the following outcomes:

• 7.5.1 To allow the person to volunteer subject to other entry criteria being met
• 7.5.2 To request further information regarding the offence
• 7.5.3 To refer the issue to the University Secretary where it is considered that a previously undeclared conviction that is not spent may post a risk to the University community
• 7.5.4 Not to proceed with the application for the specified volunteering opportunity. The applicant may be recommended to volunteer for a different project that does not require an Enhanced Disclosure.

7.6 In reaching its judgement, the Panel shall consider the following:

• 7.6.1 Whether the criminal record has any bearing on the applicant’s suitability to volunteer in the requested placement.
• 7.6.2 The length of time since the offence(s) (whether resulting in a conviction, caution, reprimand or warning) was committed
• 7.6.3 Whether the applicant/student has reoffended and, if so, whether there is a pattern of the re-offence
• 7.6.4 The circumstances surrounding the offence.
• 7.6.5 Whether the applicant/student’s circumstances have changed in any significant way since the time of the offence(s)
• 7.6.6 The degree of risk posed to /clients and members of the public projects
• 7.6.7 The applicant’s explanation of the offence(s)
• 7.6.8 Evidence submitted by the applicant/student or his/her referees, of his/her good character
• 7.6.9 The applicant’s commitment to work safety and effectively upholding the trust and confidence of patients/clients
• 7.6.10 Any professional or statutory body requirements and/or guidance.
• 7.6.11 Whether the conviction poses any risks to the student body if it was previously undeclared.

The Chair of the Panel will sign the written record of the decision of the Panel.

8. Procedures if an applicant does not submit a statement

8.1 If the applicant does not submit a statement, and/or supporting information, including references, to the Panel and does not communicate the reason for their non- submission, the Panel will come to a decision on the available evidence.

9. Notification of the panel’s decision to the applicant

9.1 The applicant will be notified in writing of the Panel’s decision within five working days of the outcome of the Panel meeting.

9.2 If the applicant considers that the Panel decision is unfair they may write to the Chair of the Panel setting out any concerns. Where these constitute evidence that would have influenced the Panel’s decision, the decision of the Panel will be revisited as appropriate.

10. Secure storage, handling, use, retention and disposal of disclosures and disclosure information

10.1 The University is committed to ensuring that all information provided about an individual's criminal convictions, including any information released in disclosures, is used fairly and is stored and handled appropriately and in accordance with the provisions of data protection legislation.

10.2 Disclosure information will only be shared with those who are authorised to receive it in the course of their duties. This may include the organisation which would receive the volunteer.

10.3 Disclosure data including information on criminal convictions should be treated as special category data in accordance with the Data Protection Act (2018).

10.4 The University will ask to see the original disclosure certificate. In exceptional circumstances the original disclosure certificate may be kept for the purposes of the DBS panel.

10.5 A written record of the Panel will be retained for the period the student is a volunteer. Where the volunteer is not successful, the information will be destroyed immediately.

10.6 A record of the date of issue of a disclosure, the name of the subject, the type of disclosure requested (including whether barred lists checks were obtained), the position for which the disclosure was requested, the unique reference number of the disclosure and the details of the decision taken will be kept.