Policy

The Care Worker Agency requires all applicants for care work to state on their application whether they have any ‘spent’ or ‘unspent’ convictions, as well as consent to checking their Enhanced DBS status for both Adults and Children. As a team we deliver care to people aged 16 and over and all staff are expected to support in frontline care delivery periodically.

The company’s policy does not categorically exclude someone who has had a criminal conviction from working with The Care Worker Agency (and hence with vulnerable people).  The Care Worker Agency will consider and assess every situation on an individual basis and in line with the procedure set out below, taking into account relevant factors and associated risks. The Care Worker Agency will not employ anyone who is on the Adult First Register or the Child's Register.

The Care Worker Agency will ensure that as part of the recruitment process an individual’s signed ‘consent’ to checking their DBS registration status is obtained and that potential applicants are aware that the company will ‘register an interest’ to receive updates on an individual’s on-going DBS registration status.

We will renew staff DBS checks every 5 years if they are not on the online update checking portal and we will ask during the supervision session if anything has changed in terms of the DBS status.  

In the event that ‘new’ concerns or offences come to light, The Care Worker Agency will exercise the relevant policies and procedures to address such matters including the requirement for referral and notification to the DBS under the Vetting and Barring Scheme.  

Procedure

The manager must decide upon each individual case and must refer to the director of the company in every case where a person who applies for a job has a criminal conviction.  In such an event the following criteria for assessing offences must be applied when considering an application for employment:

1)   The timeframe of the event - when was the criminal conviction made?

2)   The nature of the event - what was the actual offence?

3)   The circumstances surrounding the event which may be pertinent to any decision made?

4) The level of potential risk posed – i.e. does the nature of the offence indicate any potential risk to any customer, stakeholder or member of the public?

5)   Would the fact that the employee had the criminal conviction, prejudice adversely the reputation of The Care Worker Agency with any customer or with other members of the public?

6)   Does the applicant demonstrate remorse?

7)   Is the applicant likely (in the eyes of the manager and the principal) to offend again?

8)   Does the potential for risks posed to customers, others and/or the company, outweigh the benefits of employing the individual and the structures that may be required to be in place to supervise and monitor their conduct and the safety of the service?

In the light of these answers, the manager and the principal may choose to appoint someone who has a criminal record if they are comfortable that there is no increased risk to customers or the general public.

If however, an applicant should declare at interview that they do not have any criminal convictions (‘spent’ or otherwise) and a subsequent Criminal Record check indicates this to be untrue, their employment is terminated forthwith.  This inaccuracy is viewed as gross misconduct.

It may be that from time to time the regulator reviews their compliance guidance and standards. The Care Worker Agency will take account of such revisions and apply this accordingly in the decision-making process.

Review April 2025 by Fay Townsend-Jackson