Practical guidance – Recruiting people with criminal records to work in prisons

Aim of this guidance

This guidance is to support organisations in recruiting staff and volunteers that have criminal records to work in prisons where ‘vetting’ by NOMS (National Offender Management Service) is required.

The focus of the guidance is to provide:

  • An outline of the prison vetting process
  • Details of how prison vetting works for people who have a criminal record
  • The options open to you as an organisation if an applicant is declined through the vetting process.

This is part of our guidance for specific areas of work. There is separate guidance on how you should deal more generally with applicants who have a criminal record.

Various terms are used in this guidance – for example prison clearance, prison vetting and security clearance. These all relate to the process overseen by NOMS that decides whether somebody can work in a prison.

Why this is important?

  • If you are looking to recruit for a position which involves working within a prison, you should not be deterred from considering somebody with a criminal record.
  • It is not possible to pre-determine whether somebody will be cleared to work in a prison as each case is considered on its own merit. Furthermore, people with a criminal record will often have something unique to offer and as well as talent, skills and knowledge, their personal experience of the criminal justice system may in fact help them in their role.
  • Many people work for organisations where their role involves them going into prisons, rather than being recruited directly by the HM Prison Service. Although these organisations will carry out their own pre-employment checks, part of the process will usually involve the individual being security vetted by NOMS.
  • This additional level of vetting can put people with a criminal record off from applying for these types of jobs.
  • The need for vetting clearance can discourage organisations from recruiting people because of concern that they won’t pass the vetting process.
  • There is a lack of awareness of the NOMS security vetting process and what applicants need to disclose about their criminal record.
  • Organisations are often unaware that an applicant who is declined enhanced security vetting via NOMS may be able to apply for ‘Standard Plus’ vetting (if their role is appropriate and if the Governor supports the application). Applications for ‘normal’ vetting which would be likely to fail can be marked prior to submission for consideration at Standard Plus to save time.
  • There are many misconceptions about the chances of being cleared by NOMS to work within the prison estate with many assuming there is a blanket ban towards people with a criminal record.

The role of prison vetting

All people applying to work within a prison will require some form of security vetting.

Vetting checks are not required on ad-hoc visitors who visit a prison on an occasional basis provided the visitor is escorted at all times by a prison key-holder (this could be a member of staff  or a volunteer from an outside organisation). Anyone who will be visiting a prison regularly should expect to have to obtain clearance. Many prisons will require formal clearance after three visits.

The levels of vetting

There are approximately seven levels of vetting. This guidance will look at three types that are particularly relevant to external organisations with staff and volunteers working in prisons. These are:

  • Enhanced Level 1
  • Disclosure and Barring Service Check
  • Standard Plus Vetting

Other levels of check (not covered in this guidance) can include:

  • Baseline Personnel Security Standard (BPSS)
  • Enhanced Level 2 for all NOMS directly-employed staff, non-directly employed staff (dependant on their role) and those applying for CTC
  • Counter Terrorism Checks (CTC) for those staff working in the high security estate and other designated roles
  • Security Check (SC) for anybody having access to top secret assets

Providing the right information to assess the level of vetting required

Prisons use a risk assessment tool to decide on the appropriate level of clearance. This is often done by a member of prison staff who has an overview of the applicant’s job role. However, problems can sometimes arise if a staff member isn’t familiar with the specifics of the role.

Organisations should provide clear information to the prison, including a copy of the role description and should also address some key factors such as:

  • Does the role take place in a high-security prison?
  • Does the role involve working in the chaplaincy?
  • Does the role require the applicant to draw keys and have freedom of movement around the prison?
  • Will the applicant performing the role be accompanied at all times?
  • Does the role involve the applicant working face to face with prisoners?
  • If so, are they accompanied or unaccompanied by a member of staff?
  • Will the applicant have any access to sensitive materials or information, such as prisoner records?
  • Does the role involve the applicant having any contact with under 18’s in the prison, whether they are prisoners, family members or any others?

Enhanced Level 1 Check

This is the security vetting level associated with most roles for non-directly employed workers. Applicants will work in non-high security establishments, they will have contact with prisoners and will normally have access to keys.

This level of check will involve a number of checks, including a criminal record check. As NOMS are exempt from the Rehabilitation of Offenders Act, this check will include both unspent and spent convictions and cautions – checks are run against the Police National Computer and will also include cautions and convictions which would usually be eligible for filtering.

Shared Services Connected Limited are responsible for carrying out the process and presenting each individual case to the Approvals and Compliance Team for final decision checks on non-directly employed workers.

Disclosure and Barring Service Checks

It may be necessary for applicants in certain job roles to also have DBS checks.  This will include all staff and workers in regular contact with children under 18 and for healthcare professionals providing clinical services across the NOMS estate.  For further information regarding DBS checks see our guidance section.

Enhanced Level 1

Security vetting for people with a criminal record

Many organisations chose to recruit people who have had direct personal experience of the prison system to support their service users. However, there is a widespread perception that it can be difficult for these individuals to obtain security clearance to work in prisons through the usual vetting procedures.

Organisations should not assume that a previous conviction or some other form of criminal record will automatically disqualify an individual from obtaining security clearance.

However, all applicants for all levels of clearance in prisons will be expected to disclose all cautions and  convictions, including those which are spent and minor, as well as motoring convictions.  This means that the level of disclosure required for prison clearance is higher than that required for the majority of job applications. Failing to disclose a past caution or conviction is likely to result in clearance being refused. It is important that organisations provide applicants with clear guidance as to what needs to be disclosed.

Completing a vetting application can pose challenges and anxieties to some people with a criminal record. Where the conviction is spent and does not need to be declared in other contexts (i.e. most job applications and insurance), it may come as a surprise to an applicant that they would still have to disclose it in a clearance application. A further cause for concern is that the outcome of the clearance process is uncertain.

What does Enhanced Level 1 involve?

Each prison has a Vetting Contact Point (VCP) who is the primary point of contact for pre-appointment security screening.

The VCP provides liaison and support functions within the prison establishment, primarily involving checking over applications and sending these to NOMS Shared Services, which processes applications centrally. It will then be the decision of Shared Services Connected Limited to confirm whether an applicant has been approved or declined permission to work within the prison estate.

VCP’s deal with applications from staff and volunteers which means they are extremely busy. Clear communications and a good relationship can help to smooth over many problems. If an organisation has a good understanding of the basics of how vetting works, risk assessments can often be carried out easily and individual clearance applications processed with the minimum of fuss.

What are the chances of success?

Clearance applications are assessed individually meaning general guidance can’t be given about the kinds of offences which result in clearance being refused.

In early 2016 NOMS provided Unlock with some figures that covered vetting applications over a 5 month period between 14/8/2015 and 26/1/2016. They gave a breakdown of the number of vetting applications received and the numbers which were approved or declined.

A total of 5843 level 1 cases were considered, of which 560 had ‘hits’ on the Police National Computer. 390 applicants passed vetting and 170 failed. This means that 70% of applications were approved.

There is no data available which breaks down the type of sentence or disposal an applicant received, and whether, for example, a particularly strict approach is taken to people who have been to prison.

What can you do if an application is refused?

If the Approvals and Compliance team decline security vetting then, providing the applicant will be involved in the delivery of rehabilitative activities for the prison or for a Transforming Rehabilitation provider they may be able to apply for Standard Plus security vetting.

If an applicant is likely to fail ‘normal’ vetting, the application can be marked as potentially eligible for Standard Plus vetting from the outset.

Standard Plus

What is Standard Plus?

People who have successfully desisted after a history of offending can set a powerful example to people and prison and this is recognised by the fact that Standard Plus security vetting is available for this group of people, even if they fail to obtain the ‘normal’ level of clearance.

Standard Plus security vetting has been developed to capture:

  • People with criminal records and ‘offenders on post release licence’
  • Those fulfilling a role where they will work regularly in a prison
  • Those delivering work focused on rehabilitation

Its purpose is to improve and provide opportunities for workers/volunteers with previous criminal convictions to work with organisations and prisoners without increasing risks and compromising safety and security.

For the purpose of Standard Plus security vetting, ‘ex-offenders’ are defined as individuals whose community/suspended sentence order, licence or post sentence supervision has been successfully completed and there is no longer a right to recall. People on licence may only be considered for Standard Plus vetting after they have successfully completed an initial period on licence within the community. (This initial period would be at least half the licence element of the sentence for those who have received custodial sentences or at least half of the community order for those in the community.

Standard Plus vetting is restricted on two counts:

  • It will only last for twelve months after which the position will need to be reviewed and renewed if appropriate.
  • A separate application is required for each individual prison that the service provider may wish the individual to work in.

Sentences for certain offences will only be considered for Standard Plus vetting in exceptional circumstances.  These include:

  • Offences relating to terrorism
  • Offences relating to children
  • Racially / religiously aggravated offences
  • Supply of controlled drugs offences
  • Violent and/or serious offences
  • Sexual offences

Applicants with these offences will need to be supported by the organisation by way of a business case setting out the benefits of employing the individual into the role.

How do you make an application for Standard Plus?

  • For a prison based role, the Governor/Director of the prison has to agree to consider the Standard Plus application. The applicant will need to complete the appropriate security vetting questionnaire as with other vetting applications and it is sent to Shared Services Connected Limited as usual. If it is declined due to an adverse criminal history, the establishment can request Standard Plus be considered.
  • The Approvals and Compliance Team at NOMS Shared Services will provide the Governor with the result of the applicant’s full criminal record and any additional information which will assist in any risk assessment evaluation.
  • It is the responsibility of the Governor to approve or decline the Standard Plus vetting. If approved, the decision will be confirmed to the Shared Services Team who will then update the applicants vetting record.

What are the chances of getting Standard Plus vetting clearance?

Alongside data that NOMS provided Unlock on Enhanced Level 1 applications we were provided with a breakdown of Standard Plus vetting applications from January 2015 to January 2016. This showed the following:

Total number of Standard Plus vetting applications 228
Number not proceeded with** 76
Total number approved 90
Total number pending decision 8
Total number of CRC applications 5
Total number no longer requiring Standard Plus vetting 49

(**  This may be due to the Government declining the application, the application being terminated after no response being received from the establishment or the applicant not being in scope.)

What can you do if your application is refused?

If a Standard Plus application is refused by the Prison Governor, the provider organisation can request, in writing, a review of the decision. Any reviews that cannot be resolved may be considered independently by the relevant Deputy Director of Custody who is responsible for the particular region concerned. The decision of the Deputy Director will be final.

Case studies

We’re keen to include further examples of organisations that have recruited people who have needed to get prison clearance. We don’t want to publish personal details, but if you fit this bill and you’re willing to share your experience to help other employers in similar situations, please get in touch.

Good practice tips

  1. Don’t assume that because somebody has a criminal record, it means they’ll be refused prison clearance
  2. Support any individuals with a criminal record going through clearance
  3. Emphasise the importance of applicants disclosing everything that they need to
  4. Give applicants details of Unlock’s online information on applying to work in a prison

 

Frequently asked questions

This section will be added to over time, responding to the common questions we receive about this guidance.

Useful resources

PSI 27/2014 – Security vetting – Additional risk criteria for ex-offenders working in prison and community setting

PSI 07/2014 – Security vetting

More information

  1. There is information for individuals with convictions applying for prison vetting on Unlock’s information site.
  2. For further advice about this guidance, please contact us.

Has this been useful?

Let us know if this guidance has been useful. Have you used it in your organisation? Has it helped you to change your policy or practice? Please let us know so that we can show the impact of this guidance and continue to help others.

You can let us know by:

  1. Writing a comment on this page (see below)
  2. Sending your feedback directly to us
  3. Emailing us at recruit@unlock.org.uk

 

This guidance was last updated in June 2016

Is there anything wrong with this guidance? Let us know – email recruit@unlock.org.uk

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