- Jurisdiction
- United Kingdom
I recently applied for a job through an employment agency, who asked me o register. As part of the process I was given a Disclosure & Baring Service Risk Assessment Form, which initially asked the general questions regarding criminal convictions.
I have worked in health and social care, education and mental health since 192, and have criminal convitions from my early teens, (mid 1980's) plus the odd driving offence - nothing new, and nothing which has prevent me from working in the field with vunerble children or adults, across th the last 30 plus years.
However I was surprised when the following apeared on DBS Risk Assessment Form: (Form attached)
Does the individual regret the matter(s) or what is their attitude towards the matter(s) now?
Yes/No
Please explain:
Comment?
Would they do anything differently now?
Yes/No
Please explain:
Comment:
Have the individual's circumstances changed since the offence? (E.g. location, friends, relationships, education etc.)
Yes/No
Please explain:
Comment:
Are there any mitigating circumstances? (E.g. pressure, financial problems, lack of judgement?)
Yes/No
Please explain
Do the matter(s) disclosed form any pattern? Is there a cycle or history of reoccurrence, repeat offences?
Yes/No
Please explain:
Comment:
Can the applicant demonstrate any efforts not to re-offend? i.e rehabilitation courses
Yes/No
Please explain:
Comment:
What is the nature of the contact the individual has with children/vulnerable adults?
In most cases the individual will be working with children, if the position is different please explain.
Can any safeguards be implemented to reduce/remove any risk? No unsupervised contact
In most cases the individual will be working with children, if the position is different please explain.
Will the nature of the post present any realistic opportunities for re-offending
Yes/No
Please explain:
Comment:
I question the legality of such a form and the information it could possibly contain, givent the fact that it could be used to either indirectly, or directly discriminate against an individual, and as to whether the information being gathered was in line with current GDPR practice?
What's your view?
I have worked in health and social care, education and mental health since 192, and have criminal convitions from my early teens, (mid 1980's) plus the odd driving offence - nothing new, and nothing which has prevent me from working in the field with vunerble children or adults, across th the last 30 plus years.
However I was surprised when the following apeared on DBS Risk Assessment Form: (Form attached)
Does the individual regret the matter(s) or what is their attitude towards the matter(s) now?
Yes/No
Please explain:
Comment?
Would they do anything differently now?
Yes/No
Please explain:
Comment:
Have the individual's circumstances changed since the offence? (E.g. location, friends, relationships, education etc.)
Yes/No
Please explain:
Comment:
Are there any mitigating circumstances? (E.g. pressure, financial problems, lack of judgement?)
Yes/No
Please explain
Do the matter(s) disclosed form any pattern? Is there a cycle or history of reoccurrence, repeat offences?
Yes/No
Please explain:
Comment:
Can the applicant demonstrate any efforts not to re-offend? i.e rehabilitation courses
Yes/No
Please explain:
Comment:
What is the nature of the contact the individual has with children/vulnerable adults?
In most cases the individual will be working with children, if the position is different please explain.
Can any safeguards be implemented to reduce/remove any risk? No unsupervised contact
In most cases the individual will be working with children, if the position is different please explain.
Will the nature of the post present any realistic opportunities for re-offending
Yes/No
Please explain:
Comment:
I question the legality of such a form and the information it could possibly contain, givent the fact that it could be used to either indirectly, or directly discriminate against an individual, and as to whether the information being gathered was in line with current GDPR practice?
What's your view?