Disclosure with content

When a criminal records check certificate or PVG Scheme Record is returned with caution or conviction data listed or notes that a concern has been raised, this is known as a Disclosure with content or a Record with information (previously known as a Blemished disclosure).

By law, organisations who process criminal record checks should have a suitable process in place to assess checks and records that show convictions or cautions so that anyone applying for a role is treated fairly.

As part of a safer recruitment process all applicants should complete a self-declaration form where they disclose any previous convictions or cautions. This enables open conversation and accountability and gives people the opportunity to contextualise some of the information that may be returned on a disclosure check or PVG record.

Having a criminal record should not automatically mean a person cannot work for the organisation. 

Responding to a disclosure or record with content or information

The Lead Recruiter SHOULD:

• See the certificate and review the information on it.
• Compare the information on the certificate with the information given on the self-declaration form. (This will give an indication of a person's honesty and integrity. Without this it can be difficult to assess if the person purposefully chose not to disclose the information).
• Complete a risk assessment to assess if the applicant is suitable for the role or position applied for.

Once the risk assessment is complete you will have three options:

• The nature of the content means the applicant does not present a risk to children and/or adults at risk and can begin work.
• The nature of the content raises some concern but you feel this can be managed with a plan of oversight and supervision and the applicant can begin work.
• The content makes the applicant unsuitable to work with children and/or adults at risk.

In all cases you should keep a record of the reasons behind the decision you have made.

If the applicant is on a Barred List and has applied for a role, they should NOT be allowed to undertake regulated activity or a regulated role with the group of people they are barred from. You should consider any transferrable risk to other groups and get appropriate independent safeguarding advice when making this decisions.

If a person thinks the information on the disclosure certificate is inaccurate they have a right to redress through the DBS/Disclosure Scotland and Access NI disputes systems.

Things to consider

A disclosure at an enhanced level and a PVG Record can include information disclosed at the discretion of the Chief Constable from local Police Forces. This is non conviction data but should also be included in your risk assessment.

While social services information is not usually included on a criminal records check, where the police have been involved in a child protection matter, an enhanced level check or PVG Record may include information released by the police concerning children’s services, or children and families social work e.g. where following a police investigation a child has been made subject to a child protection plan or is on the Child Protection Register.

A criminal record check can only be used for the purpose of deciding on someone’s suitability for appointment. It is illegal to reveal information obtained through a criminal record check for any other purpose. Sometimes this can create a dilemma where information revealed on a check indicates that a person could be a risk to vulnerable people but the organisation is unable to place any restrictions or boundaries on them, due to the source of the information. In these situations you should get independent advice.