Criminal Records Policy

Staff roles as defined in this policy include those directly employed by Samaritans Central Charity (SCC), by SCC branches (including charity shops), SCC Hubs and Affiliate branch employees (employed by the branch).

Samaritans recognises the contribution that people with criminal records can make as employees and volunteers and will consider applications from those with a criminal record.

This policy explains how we use criminal records information obtained via Disclosure and Barring Service (DBS) checks and the equivalent system checks where different in the Nations, as part of our recruitment and selection process for volunteers and staff.

Whether a voluntary or employed position (SCC or Affiliate), Samaritans Central Charity will identify whether a criminal records check is needed, due to the nature of the role. The appropriate level of check will be determined in line with the established external guidance and is subject to change as required by legislation or best practice.

The level of criminal records check required for a specific role will be the same, whether the role is carried out by a staff role or volunteer. The level of criminal records check required for a specific role will be the same whether a member of staff or volunteer carries out the role.

2. Scope of this policy

Who does this policy apply to?

• All Samaritans volunteers, employees (including SCC employees, SCC branch and shop employees, SCC Hub employees)
• Branch and Central Charity Trustees
• Affliliate employees (employed by the branch itself and not SCC). All employees will be defined as ‘staff’ within this Policy for ease.

This policy applies to the UK, Ireland and all Crown Dependencies. Procedures are detailed for each nation or jurisdiction in the Criminal Records Procedures.

All Samaritans volunteers and staff who are in a role that is identified as requiring a criminal records check must comply with the request to complete the application.

All Samaritans volunteers and staff who are offered a move to a different or new role that is identified as requiring a criminal records check, where that is different to the previous check carried out for the individual.

3. The policy

Processing principles

1. Samaritans is committed to best practice when recruiting people with a criminal record and complies fully with the DBS, Disclosure Scotland/Protecting Vulnerable Groups (PVG), Access Northern Ireland and Garda Vetting codes of practice.
2. Samaritans undertakes to treat all applicants fairly. It is essential that people do not face unfair discrimination in any role within the charity, whether paid or voluntary.
3. A criminal record will not normally prevent an applicant from being appointed as a member of staff or volunteer. We will judge each case on its merits and not discriminate unfairly against any applicant on the basis of a conviction or criminal record information disclosed to us.
4. We will use ‘legitimate interest’ as our legal basis for the collection and processing of data in order to carry out these checks and assess the suitability of applicants. The collection and processing of this data is necessary in order to protect the interests of the users of our service.
5. We will retain the data provided in order to complete the necessary checks and in line with our Record Retention schedule.
6. Information relating to criminal records will only be shared with authorised people, which may include Branch Director/Line Manager (SCC and Affiliate), Branch Safer Recruitment Administrator, Samaritans Volunteer Services team and People team.

Recruitment and advertising

For each vacancy at Samaritans, we will make it clear in the role description and job advert whether the position is covered by the Rehabilitation of Offenders Act 1974 (and so only requiring the disclosure of unspent offences) or whether it is exempt (and so requiring the disclosure of all convictions and cautions, even if they are spent, unless they are filtered).

For roles where a criminal record check is identified as necessary, all application forms, role descriptions and adverts will make clear what level of check will be required.

Criminal Record checking process for volunteers and staff

To ensure we recruit purely on skills and experience, we do not ask for criminal record details at application stage.

Criminal records should be disclosed at the point of completing a criminal record application. We will ask applicants to disclose any unspent convictions or cautions.

Applicants have the option (depending on whether this is for a volunteer or staff role) to self-disclose to their Branch Director, Line Manager or a member of the People team (if an SCC employee or SCC branch/shop employee) before completing their criminal record application in case they wish to discuss this; however, this is not mandatory. For those potential volunteers who have convictions that may present a safeguarding concern we encourage them to disclose this at the earliest possibility so that all options can be explored.

Where information is identified on a criminal record check, a volunteer or member of staff may not be able to start or continue in their role until the decision-making process below has been followed, depending on the role being applied for and the nature of the criminal record.

Criminal record checks will be repeated at a maximum of three-year intervals unless the organisation identifies a need to carry out a check sooner – for example, we become aware that a volunteer or member of staff may have received a caution or conviction since their previous check. Volunteers and staff are required to let their Branch Director or line manager know if they have received a caution or conviction since their last criminal records check.

Decision making process

Samaritans has a clear and transparent decision-making process upon identifying any criminal records information, in accordance with relevant Rehabilitation of Offenders legislation.

When a criminal records check returns with disclosed information, a referral will be made to Samaritans Central Charity Criminal Records and Exclusion Panel (CREP) who will assess the information.

For potential volunteers with convictions that may present a safeguarding concern, a leaflet with more detailed information about our vetting and decision-making process, is available by emailing [email protected]

Samaritans ensures that all those within Samaritans who are involved in the recruitment process for staff have been suitably informed to identify and assess the relevance and circumstances of offences. Further information can be found within our Safer Recruitment Policy.

For any information disclosed, cases will be looked at on an individual basis. Samaritans may request additional information from an applicant, and will take into account details such as:

• Whether the offence is relevant to the position applied for
• Relevant details of the offence(s)
• The length of time since the offence(s) or since release into the community

If appropriate, Samaritans may request a reference from a relevant professional who knows the applicant.

4. Approval and review

The original version of this policy was prepared by the Volunteer Development Manager and approved by Samaritans Board of Trustees to provide a framework for the management of the criminal records vetting process. It will be reviewed every 3 years to ensure continuing appropriateness.