Rehabilitation of Offenders Policy

Date policy issued: February 2025

This policy will be reviewed every 12 months (as a minimum).

Review due date: February 2027

1. Purpose

The purpose of this policy is to outline the approach Milk Education takes regarding the employment of individuals who have criminal convictions. The policy aims to comply with the Rehabilitation of Offenders Act 1974 (ROA) and relevant regulations, ensuring that all candidates are given a fair and equal opportunity, while also protecting the interests and safety of the educational institutions we work with.

2. Legal Framework

This policy adheres to the principles established under the Rehabilitation of Offenders Act 1974 and other relevant legislation, including the Safeguarding Vulnerable Groups Act 2006 and Disclosure and Barring Service (DBS) checks.

The ROA allows certain criminal convictions to be disregarded after a specified period, known as the rehabilitation period. However, certain roles, particularly in education, may require full disclosure of criminal convictions, including those considered “spent.”

3. Definition of Rehabilitation

Under the Rehabilitation of Offenders Act 1974, an individual is considered to have a “spent” conviction once the rehabilitation period has passed.

After this time, the individual is not required to disclose the conviction unless the position they are applying for is one that is exempt from the provisions of the Act (e.g., roles involving working with children or vulnerable adults).

4. Policy Statement

Certain roles within the education sector are subject to DBS checks (Disclosure and Barring Service), including roles that involve:

• Direct contact with children or vulnerable adults.
• Leadership or managerial positions within educational settings.
• Roles requiring access to sensitive or confidential information.

In these cases, an applicant will be required to disclose all convictions, including spent convictions, as part of the recruitment process.

5. Recruitment Process

As part of our recruitment process, Milk Education commits to:

• Equal Treatment: Applicants will be assessed on their skills, qualifications, and experience, with the objective of creating an inclusive work environment.
• Disclosure of Convictions: Applicants must disclose all convictions where legally required, and these will be considered based on the nature of the offence, the period of time since the conviction, and any evidence of rehabilitation.
• DBS Checks: All candidates applying for roles involving work with children, vulnerable adults, or other exempt roles will undergo an enhanced DBS check. Any information revealed through the DBS check will be reviewed on a case-by-case basis.
• Discrimination-Free Recruitment: The agency will not discriminate against candidates solely on the basis of a criminal record unless it is directly relevant to the role and would impair the individual’s ability to carry out their duties safely and effectively.

6. Disclosure Process

Candidate Responsibility: Candidates are required to inform Milk Education of any criminal convictions, including spent convictions, if the role they are applying for is exempt from the ROA.

Assessment of Criminal History: When a candidate discloses a conviction, we will assess it in the context of the position being applied for. Consideration will include the nature of the offence, the length of time since the conviction, the applicant’s rehabilitation efforts, and any other relevant factors.

Confidentiality: All disclosures will be handled confidentially and in accordance with data protection regulations. Only relevant personnel involved in the hiring process will be made aware of an individual’s criminal record.

7. Factors for Consideration

When assessing an applicant with a criminal record, the following factors will be considered:

• The nature of the offence.
• The period of time since the offence occurred.
• The age of the applicant at the time of the offence.
• Evidence of rehabilitation, including efforts to reform or engage in positive community activities.
• The relevance of the offence to the role applied for.

8. Decisions and Appeals

• Decision-Making: If a candidate’s criminal record is deemed to pose a risk to the safety of children or vulnerable adults, or if the offence is deemed incompatible with the role, Milk Education reserves the right to withdraw the offer of employment or terminate the recruitment process.
• Appeals Process: If an applicant feels that their conviction has been unfairly considered, they may appeal the decision within 7 days of the decision being communicated.

Appeals must be made in writing for the attention of the Director of Operations.

An appeals committee will review the case (usually within 14 days), and a final decision will be made based on a thorough evaluation of all available information.

The appeal outcome will be communicated to the applicant within 7 days of the final decision.

9. Ongoing Employment and Criminal Convictions

In the event that a current employee discloses a new criminal conviction during their employment, Milk Education will assess the nature of the offence, its relevance to their role, and any potential risks to the safety and well-being of children or vulnerable adults.

If the conviction does not directly impact the individual’s ability to perform their role safely and effectively, no action may be required.

However, if the conviction is deemed relevant or presents a safeguarding concern, disciplinary action, including termination of employment, may be taken.

10. Safeguarding and Compliance

Milk Education is committed to ensuring that all recruitment practices comply with safeguarding standards and that no individual is placed in a position where they may pose a risk to vulnerable groups.

Our safeguarding measures are designed to protect children, vulnerable adults, and others in educational settings, ensuring that all staff and contractors meet the highest standards of integrity and safety.

11. Conclusion

Milk Education is dedicated to providing fair and equal employment opportunities for all candidates, including those with criminal convictions, as long as they are suitable for the roles they apply for and meet the necessary safeguarding criteria.

We aim to balance the need for rehabilitation with the duty of care owed to children and vulnerable adults in educational settings.

Contact Information

For any further inquiries or clarification regarding this policy, please contact Milk Education – info@milk-education.co.uk.

This policy will be reviewed periodically to ensure compliance with relevant legislation and best practice standards.