1. Introduction

The code of practice published by the Government under section 122 of the Police Act 1997 advises that it is a requirement that all registered bodies must treat DBS applicants who have a criminal record fairly and not discriminate automatically because of a conviction or other information revealed.

The code also obliges registered bodies to have a written policy on the recruitment of ex-offenders; a copy of which can be given to DBS applicants at the outset of the recruitment process.

2. Further information about conviction information

On the 29 May 2013, legislation came into force that allows certain old and minor cautions and convictions to no longer be subject to disclosure.

In addition, employers will no longer be able to take an individual’s old and minor cautions and convictions into account when making decisions.

All cautions and convictions for specified serious violent and sexual offences, and other specified offences of relevance for posts concerned with safeguarding children and vulnerable adults, will remain subject to disclosure. In addition, all convictions resulting in a custodial sentence, whether or not suspended, will remain subject to disclosure, as will all convictions where an individual has more than one conviction recorded.

3. Policy principles

EM Normandie UK is committed to the fair treatment of its staff, potential staff or users of its services, regardless of race, gender, religion, sexual orientation, responsibilities for dependants, age, physical/mental disability or offending background.

EMN will not unfairly discriminate against any applicant for employment on the basis of conviction or other details revealed. The school makes appointment decisions on the basis of merit and ability. If an individual has a criminal record this will not automatically bar them from employment within EMN. Instead, each case will be decided on its merits, in accordance with the objective assessment criteria set out below.

4. Unsuitability to work with children

Within the context of EMN Normandie occupying premises which are part of the Activate Learning Campus in Oxford, the relevant legislation applies to EMN, which makes it unlawful to employ anyone who is included on the lists maintained by the DBS of individuals who are considered unsuitable to work with children or who is the subject of a disqualifying order made on being convicted or charged with the following offences against children: murder, manslaughter, rape, other serious sexual offences, grievous bodily harm or other serious acts of violence.

It is a criminal offence for any person who is disqualified from working with children to attempt to apply for a position within Activate Learning and therefore, by extension, with EMN. EMN and/or Activate Learning will report the matter to the Police and/or the DBS if

• an application from a disqualified person has been received
• false information has been provided in an applicant’s application or in support of an applicant’s application
• there are serious concerns about an applicant’s suitability to work with children

If relevant information (whether in relation to previous convictions or otherwise) is either volunteered by an applicant or obtained through a disclosure check during the recruitment process, EMN will consider whether the conviction or other matter revealed is relevant in the context of the person’s application.

5. Provision of false information

All applicants should be aware that provision of false information is an offence and could result in the application being rejected or summary dismissal if they have been appointed, and a possible referral to the police and/or DBS.

In line with the Amendments to the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (2013 and 2020) protected convictions and cautions will not be taken into consideration.