The Policy

a) As an organisation assessing applicants’ suitability for positions which are included in the Rehabilitation of Offenders Act 1974 (Exceptions) Order using criminal record checks processed through the Disclosure and Barring Service, Equilibrium Healthcare (EHC) complies fully with the Code of Practice and undertakes to treat all applicants for positions fairly.

b) Disclosures are an important tool in facilitating safer recruitment practices and service user safety. Key roles employed within EHC fall under the category of a regulated activity (see point 1.2a). As such, the Company undertakes DBS and (Adult) Barred List Checks on any employee, volunteer, or other individual who, within the scope of their role, carries out a regulated activity.

c) All new employees and workers, employed in such roles, must undertake a DBS and Adult Barred List Check prior to being unconditionally offered employment. Previous DBS disclosures gained through other Registered Bodies will not be accepted by the Company, unless the individual is
registered with the DBS update service.

d) EHC will only ask an individual to provide details of convictions and cautions that the Company is legally entitled to know about. Where a DBS certificate at either standard or level can legally be requested (where the position is one that is included in the Rehabilitation of Offenders Act 1974 (Exceptions Order 1975 as amended) and where appropriate the Police Act Regulations (as amended), EHC will only ask an individual about convictions and cautions that are not protected.

e) Although a criminal conviction does not necessarily prevent anyone from working for Equilibrium Healthcare, some offences, for example involving violence or sexual abuse, may indicate that an applicant is unsuitable to have access to service users and should not be employed.

f) Individuals who appear on the Disclosure and Barring Service (DBS) barred list are not legally able to undertake a regulated activity. Equilibrium Healthcare therefore has an obligation to ensure all employees undertaking a regulated activity are checked against this list.

g) EHC actively promotes equality of opportunity for all with the right mix of talent, skills and potential and welcomes applications from a wide range of candidates, including those with criminal records. Unless on the DBS barred list, a criminal conviction should not necessarily debar a person from working for EHC, as the weight given to the conviction will depend on the nature of the offence, the age at which it was committed and its relevance to the post.

h) The DBS check forms only part of EHC’s pre-employment and post employment checks, alongside references, a thorough interview process and any other appropriate procedures to ensure, as far as practicable, that all individuals are ‘fit’ to undertake the work for which they are employed or
contracted. 

i) Therefore the Company will not discriminate against any individual and will make the decision of whether to appoint an ex-offender in the context of all the relevant information (in accordance with the Rehabilitation of Offenders Act 1974), including discussion with the individual, in order to balance the need to prevent unsuitable people from working in sensitive posts against the threat of discrimination against offenders who are rehabilitated.