Author information
Produced by: Director of HR
Date created: March 2013
Approval by: SMT
Last updated: July 2025
Updated by: Head of HR
Audit date: July 2026
Version history
November 2020 updates
The policy has been updated to a new accessible format.
September 2021 updates
Updated to reflect the change of name to InFocus.
February 2022 updates
Updated references to filtering
May 2023 updates
Updated introduction to include adults at risk.
Under Policy Text, ‘DBS check’ was changed to ‘enhanced DBS check’. Changes were also made to encourage all short-listed applicants to provide details of their criminal record when completing a self-disclosure form.
Within the Associated Documents section, Director of HR & Enterprise was updated to Head of HR.
July 2024 updates
Updated responsibilities to Head of HR.
Added paragraph to ‘filtering’ section regarding changes made to ‘spent’ offences.
Key Information
The policy sets out the process of using the Disclosure & Barring Service and the filter system in relation to convictions for those under and over 18.
Introduction
As an organisation using the Disclosure and Barring Service (DBS) to assess applicants’ suitability for positions of trust, InFocus fully complies with the Code of Practice and undertakes to treat all applicants for positions fairly.
It undertakes not to discriminate unfairly against any subject of a DBS check on the basis of a conviction or other information revealed.
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. These rules were further amended in November 2020. 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 adults at risk, will remain subject to disclosure.
Scope
This policy applies to all applicants, volunteers and staff. Recruiting managers should be aware of the content of this policy and the need to treat applicants fairly. Applicants should be aware of this policy and the need to disclose appropriate information as part of the recruitment process. The recruitment and selection policy makes it clear that convictions will only be considered once shortlisting has been carried out.
InFocus is committed to the fair treatment of its staff, potential staff, volunteers or users of its services, regardless of race, gender, marital status, religion, sexual orientation, responsibilities for dependents, age, physical/mental disability or offending background.
Responsibilities
The Head of HR has overall responsibility for this policy.
Implementation
The policy will be published on the intranet in the new accessible format.
Policy Text
This policy has been created with reference to guidance from the Disclosure and Barring Service.
We actively promote equality of opportunity, and welcome applications from a wide range of candidates, including those with criminal records.
An enhanced DBS check is only requested where it is proportionate and relevant to the position concerned. Where a DBS check is required this will be stated from the outset in all recruitment literature.
Where a DBS check is required, we encourage all short listed applicants to provide details of their criminal record when completing a self-disclosure form. We guarantee that this information will only be seen by those who need to see it as part of the recruitment process.
The amendments to the Exceptions Order 1975 (2013) provide that certain spent conviction and cautions are ‘protected’ and are not subject to disclosure to employers. Guidance and criteria on the filtering of these cautions and convictions can be found on the DBS website.
We ensure that all those involved in the recruitment process have been suitably trained to identify and assess the relevance and circumstances of offences.
Filtering
On 28 November 2020, the filtering rules for Standard and Enhanced DBS checks changed. These changes are the result of a Supreme Court Judgment which identified that some elements of the existing filtering rules were disproportionate. Legislation has been changed, and from 28 November, DBS certificates will disclose criminal records according to this new legislation.
This means that the Disclosure and Barring Service (DBS) will no longer disclose youth reprimands, youth warnings, or youth cautions. They will also no longer automatically disclose all convictions where an individual has more than one conviction – instead, each individual conviction will be assessed against the appropriate rules.
These new filtering rules will be applied to all certificates processed from 28 November onwards.
‘Protected’ convictions, cautions, reprimands and final warnings aren’t disclosed on standard or enhanced DBS certificates because they’re filtered (removed) from the certificate before it is issued. This system is commonly known as the DBS filtering rules.
Since October 2023, custodial sentences of four years or more years for less serious crimes become ‘spent’ after a seven-year period of rehabilitation, as long as no further offence is committed. Offenders who have committed serious offences are excluded from these changes to ensure this does not result in an increased risk to the public.
Stricter disclosure rules will continue to apply to jobs that involve working with vulnerable people, through standard and enhanced DBS checks.
Youth cautions, warnings and reprimands will not be disclosed automatically on a Standard or Enhanced DBS certificate.
At interview, or in a separate discussion, we ensure that an open and measured discussion takes place on the subject of any offences or other matter that might be relevant to the position.
Failure to reveal information that is directly relevant to the position could lead to withdrawal of a conditional offer of employment/volunteering opportunity.
We undertake to discuss any matter revealed in a DBS check with the person seeking the position before withdrawing a conditional offer of employment/volunteer role.
Associated documents
Further information can be obtained from the Head of HR.
Information is also available via the Disclosure and Barring Service
Failure to comply with this policy may lead to disciplinary action.
Access to this document
This document is stored on the InFocus Intranet.
Please contact the MIS office if you would like a copy of this document in an alternative format such as Braille or large print.