Recruiting ex-offenders

Why recruit ex-offenders?

There are several reasons for recruiting ex-offenders as volunteers. Firstly, it enables you to recruit from a wider pool of potential volunteers, which should help increase your volunteer base. According to figures from Nacro, the crime prevention charity, almost a quarter of men and women of working age has a criminal record. So, if organisations exclude people with criminal records they automatically lose access to a third of potential male volunteers and a significant proportion of potential female volunteers.

By proactively targeting ex-offenders as part of your recruitment campaign you are also able to demonstrate part of your commitment to equal opportunities and diversity within your organisation. Where an organisation refuses to treat people as individuals by assessing each case on its own merit they will be operating on the basis of naked prejudice, which can have a detrimental effect on the organisation’s reputation in the wider community.

It’s also worth remembering that volunteering not only benefits the organisation and its end users, but also has a positive impact on the volunteer. The government regards volunteering as the basis of active citizenship that creates inclusive and vibrant ‘active communities’. By not recruiting people with criminal records, an organisation would be excluding members of that community.

Another important point to bear in mind is that some ex-offenders can offer a wealth of skills and experience to an organisation that other volunteers wouldn’t necessarily have. For instance, a former drug misuser may want to volunteer as a mentor or befriender to a young person with a drug addiction, or give talks in schools on substance misuse. By drawing on their own experience, a volunteer can ‘make it real’ for the client, which can have a far bigger impact than other staff or volunteers might have.

When to ask for a disclosure

Under the Rehabilitation of Offenders Act, it is only acceptable to ask someone to declare spent convictions if they will be working with vulnerable people, which includes children, young people, the elderly, the disabled, alcohol and drug misusers and the chronically sick.

Organisations regulated under the Care Standards Act 2000, and Childcare Organisations under the Protection of Children Act’s definition are legally obliged to seek Criminal Record Bureau (CRB) disclosures for staff and volunteers working in such roles.

For organisations that fall outside of these acts, there is no obligation to carry out CRB checks. Before making a decision on whether to carry out CRB checks for particular roles, it’s essential to ensure that you’re actually entitled to request a check under the Rehabilitation of Offenders Act. If you are entitled to ask for a CRB check, then it’s worth assessing the potential risk to clients. If there is little or no risk, you may not feel that it’s appropriate to ask for a CRB check. However, it should be remembered that you still have a duty of care to your clients, and if you do not have appropriate checks in place it could well be argued that you had neglected this duty.

Whatever you decide, make sure that you include your reasons in a written document, such as your Health and Safety Policy, as this demonstrates that you have given due consideration to this subject should any issues arise in the future. Remember to review this on a regular basis, for example when you create a new volunteer role or modify an existing one.

How to make a decision

When deciding if a potential volunteer is suitable, consider

• can the person undertake the task that is required of them
• does the person have the essential skills or experience or an ability to develop them

If the answer is yes, then criminal convictions can be taken into account. It may be necessary to hold a second meeting with the potential volunteer to find out more about the circumstances in which the offence occurred. Factors to consider include:

• whether the conviction is relevant to the volunteering opportunity
• the seriousness of the offence
• the length of time since the offence occurred
• the circumstances surrounding the offence and the explanation offered by the applicant
• whether the behaviour that constituted the offence is still a cause for concern
• whether the context behind that behaviour is still a cause for concern
• whether the applicant has a pattern of offending behaviour
• whether the applicant’s circumstances have changed
• the applicant’s attitude to the offence. Is it one of remorse? Does he/ she take responsibility for it and recognise the harm he/ she caused?

If the answers to most of these questions are reassuring, then the presumption may be that the potential volunteer is not a risk. References can be taken and referees can be questioned where necessary to aid the decision-making process.

If there is a serious discrepancy between what a potential volunteer has revealed and the information recorded on the disclosure then it is possible that a mistake has been made. If this happens, making a decision about whether to recruit a potential volunteer can be delayed until the person has contacted the CRB to rectify the mistake. A new disclosure will then be issued.

Automatic barring

Under the Protection of Children Act 1999 and Criminal Justice and Court Services Act 2000, it is an offence to knowingly employ (paid or unpaid) anyone with a conviction for crimes against children including murder, manslaughter, rape, GBH and a number of sexual offences, to work in a ‘regulated position’. These are a range of positions working with or having responsibility for people under the age of 18 (or for some roles 16). In this instance, the results of a disclosure automatically determine that a potential volunteer is unsuitable.

Other considerations

Organisations requesting CRB disclosures are required to comply with the CRB’s Code of Practice, which is intended to ensure that any information received in a CRB check will be used fairly. This includes having an Equal Opportunities policy statement on how the organisation will not discriminate against people with criminal convictions, but will take into account their individual circumstances. Further information can be found on the CRB website: www.crb.gov.uk

In addition, under the Data Protection Act information must be held sensitively and securely, and be accurate, relevant and only disclosed where necessary. It must not be held for longer than necessary. The Information Commissioner’s Office can provide more guidance on this aspect of complying with the CRB Code of Practice:

The Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
ICO Helpline: 08456 30 60 60
Fax: 01625 524510
Website: www.ico.gov.uk

Further information

Involving Ex-Offenders in Volunteering, Nacro and Volunteering England. 2006.
Available as a free download

Recruiting ex-offenders: the employers’ perspective, Nacro.
Available from the CRB website publications library (external website)

Recruiting ex-offenders A Practical Guide, CIPD.
Available from the CIPD website (external website)

Volunteering England Good Practice Bank
Includes a section about “Equal Opportunities and Diversity”
www.volunteering.org.uk/goodpractice

Last reviewed: April 2008

We have made every effort to ensure that this Information Sheet was correct at the time of publication. It is intended as a summary of relevant issues and suggests further sources of information. Legal advice should be sought where appropriate.

For more information on managing volunteers, please visit
The Good Practice Bank at www.volunteering.org.uk/goodpractice

Or please contact Volunteering England Information Service
Email: Information@volunteeringengland.org
Freephone Information Line: 0800 028 3304 (M-F 10.30-12.30 & 14.00-16.00)

Volunteering England
Regent’s Wharf
8 All Saints Street
London N1 9RL