Rehabilitation of Offenders Act 1974 (Exemptions) Order 1975
This post is covered by the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 because it is a post which involves working directly with children or young people. If shortlisted for interview you are therefore required to declare whether you have any criminal convictions (or cautions or bind-overs) including those which are “spent”. The amendments to the Exceptions Order 1975 (2013) provide that certain spent convictions and cautions are 'protected' and are not subject to disclosure to employers, and cannot be taken into account. Guidance and criteria on the filtering of these cautions and convictions can be found on the Disclosure and Barring Service website:
https://www.gov.uk/government/collections/dbs-filtering-guidance
Further information
If your application is successful, prior to taking up your post, you will be required to undergo a Formal Disclosure process through the Disclosure and Barring Service. This will require you to complete a separate DBS application form and to provide a range of more than one piece of documentary evidence of your identity unless other restrictions are in place through the Children’s Barred List, DBS or Teacher Regulation Agency.
Although a criminal record involving offences against children is likely to debar you from appointment of this type of post, the existence of other criminal convictions will not necessarily be a bar to employment.
Any criminal record information arising out of the disclosure process will be discussed with you before any final decision is made about your employment.
It is a criminal offence to apply for or accept a position (paid or unpaid) working with children if you are excluded from such work by virtue of a court order or exclusion by the DBS.
A copy of the Criminal History (DBS) and Non-Police Personnel Vetting Checks Policy is available on request.
Criminal record certificates will only be issued directly to the applicant. The Local Authority/your employer will request that you show them your certificate and will record the Disclosure number and issue date and retain this on your personnel record and on its computerised personnel record system in accordance with the General Data Protection Regulation 2016 and Data Protection Act 2018 .(the Data Protection Legislation) The school and Local Authority abide by the DBS Code of Practice and Keeping Children Safe in Education which state that a copy of the DBS Disclosure Certificate may only be retained with the permission of the applicant and shall not be retained for longer than 6 months, in order to comply with the requirements of the Data Protection Legislation.
Declaration
I hereby confirm that the information I have given above is true.
I understand that, should any of the particulars I provide in this application be found to be false within my knowledge, or should there be any wilful omission of material fact, this may be reported to the Police as well as leading to my application being rejected or the contract being null and void if I have already been appointed.
Privacy notice
The School collects information about you in order to provide you with recruitment and employment services. We will use the information for the recruitment and selection process and, if successful, to activate employment with the School.
The legal basis for processing your personal data is that it is necessary for the performance of the employment contract or in order to take steps before entering into a contract and is necessary for Thornden School to comply with a legal obligation.
The legal basis for processing special category data is that processing is necessary for the purposes of carrying out the rights and obligations in the field of employment, that it is necessary for the reasons of substantial public interest and that it is necessary for the purposes of the assessment of the working capacity of the employee.
We will keep your personal information for 1 year following the interview date if you are not successful, and for the duration of your employment plus 7 years if you are successfully appointed.
You have some legal rights in respect of the personal information we collect from you. Please see the School’s website for further details on their privacy notice and data protection policy.
You can contact the School’s Data Protection Officer if you have a concern about the way they collect or use your data.