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Hi Sam We direct applicants to the DBS filtering guidance. Kind regards, Melissa From: CRB-HE [mailto:[log in to unmask]] On Behalf Of Samantha Drew Sent: 27 November 2013 09:37 To: [log in to unmask] Subject: Re: [CRB-HE] DBS filtering implications for Health Care courses and the Rehabilitation of Offenders Act (1974) Dear Melissa, Thank you for the confirmation, It sounds as though what we originally had planned to do is in line with what you are doing. As the guidelines about what is protected are very confusing for applicants, are you just referring them to the DBS website, or are you providing some of your own details about what to declare? I agree Rob, the difficulty will be in ensuring we do not act on a filtered conviction as applicants will no doubt declare something if they are unsure. Kind regards, Sam -- Samantha Drew Admissions Team Leader Admissions Office Headington Campus Gipsy Lane Headington Oxford OX3 0BP t: +44 (0)1865 483018 f: +44 (0)1865 483983 e: [log in to unmask]<mailto:[log in to unmask]> w: www.brookes.ac.uk<http://www.brookes.ac.uk/> Please note I do not work on Thursday On 27 November 2013 09:27, Rob Dawson <[log in to unmask]<mailto:[log in to unmask]>> wrote: Hi I would agree that an amendment to that question would probably be ok. I note that the DBS guidance on filtering states employers will not be able to take certain old and minor cautions and convictions into account when making decisions about any individual. I suspect that the major issue will be where someone declares a 'filtered caution' and colleagues attempt to make a judgement of suitability on that caution. Thank you and kind regards. ________________________________ Rob Dawson BA (Hons), MA, MAUA Institutional Compliance Officer University of Chester Parkgate Road Chester CH1 4BJ [log in to unmask]<mailto:[log in to unmask]> CSH104 Tel: 01244 511610 Fax: 01244 511308 http://www.chester.ac.uk/ UKBA Sponsorship Licence Number: DVYR99RA7 ________________________________ From: CRB-HE [mailto:[log in to unmask]<mailto:[log in to unmask]>] On Behalf Of Samantha Drew Sent: Wednesday, November 27, 2013 9:20 AM To: [log in to unmask]<mailto:[log in to unmask]> Subject: Re: [CRB-HE] DBS filtering implications for Health Care courses and the Rehabilitation of Offenders Act (1974) Dear Helen, Thank you for your comments. I appreciate that you are not in a position to provide legal advice, and your instincts are very much in line with ours. We had received the SPA guidelines and links to unlock, and have to say they were very useful. Kind regards, Sam -- Samantha Drew Admissions Team Leader Admissions Office Headington Campus Gipsy Lane Headington Oxford OX3 0BP t: +44 (0)1865 483018<tel:%2B44%20%280%291865%20483018> f: +44 (0)1865 483983<tel:%2B44%20%280%291865%20483983> e: [log in to unmask]<mailto:[log in to unmask]> w: www.brookes.ac.uk<http://www.brookes.ac.uk/> Please note I do not work on Thursday On 27 November 2013 09:09, Helen Jones <[log in to unmask]<mailto:[log in to unmask]>> wrote: Dear Sam, This is a very grey area, and sadly, I am not surprised to hear that you have received conflicting advice on it. My organisation, SPA, is currently working to revise our guidance to HE Providers on handling applicants with criminal convictions, following the changes made to the DBS in England and Wales last year. One of these changes, which seems to be the least widely known about and understood, is filtering, and I, too, am trying to work through the implications of this in order to guide HE Providers correctly. The position for employers in work places exempt from the Rehabilitation of Offenders Act seems clearly that it is no longer correct to ask prospective employees to declare all spent and unspent criminal convictions, only those which would appear on a DBS disclosure, i.e. not those that would be filtered out. It is confusing, however, for both employers and job applicants to understand the full criteria by which convictions or cautions will be filtered out, as they are complex and are not the same as the straightforward spent / unspent dichotomy. The further confusion for HE providers is whether legally, you are the same as Employers and therefore subject to the same restrictions. There has clearly been no case law in this new area yet, and I am not convinced that the DBS have really thought this one through. My instinct is that it is safest for HE Providers to assume that they are subject to the same restrictions as Employers, and therefore should be only asking applicants to declare convictions and cautions (whether spent or unspent) that would not be filtered out of a DBS disclosure. However, I must stress that this is not legal advice, and SPA is not able to give legal advice. The charity Unlock which provides guidance to individuals who have had convictions has issued some detailed and very helpful guidance on filtering, which can be accessed at http://hub.unlock.org.uk/knowledgebase/filtering-cautions-convictions/. The DBS also has some guidance at https://www.gov.uk/government/publications/dbs-filtering-guidance, but like most of their guidance it specifically references only employers / employees, not HE Providers and their applicants. My understanding is that Unlock, which runs a helpline and advice service for anyone with a conviction in their past, is likely to advise university applicants to courses requiring DBS clearance that they do not need to declare any convictions that will be filtered out of their actual DBS disclosure. I'm sorry that this hasn't provided a clear answer on the issue, but I'm not sure there is one yet. As I say, my instinct is that we probably shouldn't be asking applicants about convictions / cautions that will be filtered out (which by definition will be old, minor and non-violence), but this is not legal advice. Best wishes Helen Helen Jones Admissions Support and Development Manager Supporting Professionalism in Admissions SPA is an independent UK-wide programme, supported by HEFCE, UCAS, DELNI and UUK, based at: Rosehill New Barn Lane Cheltenham Glos GL52 3LZ Tel: 01242 545733 Mob: 07717 488061 Web: www.spa.ac.uk<http://www.spa.ac.uk/> SPA is independent of, but based at, the Universities and Colleges Admissions Service (UCAS). All issues relating to financial and legal affairs are dealt with by UCAS for SPA. UCAS' registered office: Rosehill, New Barn Lane, Cheltenham, Glos GL52 3LZ. Registered company No 2839815. Registered charity No. (England and Wales) 1024741 and (Scotland) SCO38598. From: CRB-HE [mailto:[log in to unmask]<mailto:[log in to unmask]>] On Behalf Of Samantha Drew Sent: 27 November 2013 08:50 To: [log in to unmask]<mailto:[log in to unmask]> Subject: [CRB-HE] DBS filtering implications for Health Care courses and the Rehabilitation of Offenders Act (1974) Dear all, Although not directly a DBS question, I am hoping you will be able to share your HEI's position, since the DBS filtering of minor convictions came into effect, on the use of pre-screening questions to Health and Social Care applicants as they are exempt from the Rehabilitation of Offenders Act (1974). In the past our Health and Social Care applicants have been exempt from the Rehabilitation of Offenders Act (1974) so we have been entitled to ask for details of all convictions and cautions, even if they are spent. We have done this using a pre-screening form once they have accepted our offer and while we wait for the DBS to be issued. Guidelines now suggest that the only exemptions to filtering are a minority of specialist positions such as national security, in which case we wouldn't be entitled to ask this information and by doing so would be acting unlawfully under the Act. We thought we had this agreed several months ago, however we have recently received conflicting advice and would be grateful if you are able to share your views on this. Our NHS partners are not able to provide any guidance and are looking to us for the answers. I see that Carla Eastwood from Leeds Met and Kim Hearth from Exeter have previously asked a similar question, however there we no replies on the mailbase. Any information you are able to provide would be gratefully received. Kind regards, Sam -- Samantha Drew Admissions Team Leader Admissions Office Headington Campus Gipsy Lane Headington Oxford OX3 0BP t: +44 (0)1865 483018<tel:%2B44%20%280%291865%20483018> f: +44 (0)1865 483983<tel:%2B44%20%280%291865%20483983> e: [log in to unmask]<mailto:[log in to unmask]> w: www.brookes.ac.uk<http://www.brookes.ac.uk/> Please note I do not work on Thursday