FITNESS TO PRACTISE (WORK PLACEMENTS) AND DBS POLICY

Transcription

1 FITNESS TO PRACTISE (WORK PLACEMENTS) AND DBS POLICY Dcument title: Fitness t Practise (Wrk Placements) and DBS Plicy Owner: Head f Legal Services LLe Apprving bdy: Executive Cmmittee Date f apprval: September 2017 Versin: 2.0 Next review date: September 2018 Supersedes: 1.0 Previus review dates: January 2017 Public use: Yes Staff use: Yes Student use: Yes 1

2 Cntents Part I - Fitness t Practise 1. Purpse and Scpe When this Plicy applies Reprting Cncerns Dealing with cncerns Suspensin frm Practise Suspensin frm Cllege Frmal stage f Fitness t Practise prceedings Fitness t Practise Panel Prir t the Panel Hearing Cnduct f the Panel The Hearing Decisin f the Panel Outcme and penalties Ntificatin f the decisin f the Panel t the student Recrd f the Meeting Right t Review...11 Part II DBS Checking 1. Purpse and Scpe Applicants wh have an unspent criminal cnvictin Applicants wh have a spent criminal cnvictin applying t Relevant Curses Students participating in a curse which is a Relevant Curse and/r invlves a Relevant Placement Students wh cmmit criminal ffences r are invlved in ther pertinent matters during their study Staff DBS checks 17 2

3 1. Purpse and Scpe 1.1 A number f the prgrammes which the Cllege ffers entitle successful graduates t becme registered members f regulated prfessins. The regulatrs f thse prfessins require that the Cllege has prcesses in place t ensure that students are fit t practise during the prgramme and upn registratin. 1.2 These prcedures apply t students n a prgramme f study leading t a new registratin status with their prfessinal, statutry r regulatry bdy i.e. preregistratin students. Such students are subject t cnsideratin f their fitness t practise by the Cllege frm the mment they apply t the prgramme t the pint when they achieve registratin with their prfessinal bdy (including students wh have successfully cmpleted their prgramme f study). 1.3 These prcedures als apply t students wh are already registered members f a prfessin but wh may be undertaking cntinuing prfessinal develpment r advanced studies with the Cllege (which des nt lead t a new registratin status). 1.4 These prcedures apply t students thrughut their perid f study whether n campus, n placement r even in their persnal r everyday lives. 1.5 The Cllege cnsiders the assessment f fitness t practise as having a threefld purpse: prtectin f the public; uphlding prfessinal standards including the relevant cde f cnduct; cntributing t the maintenance f the reputatin f the prfessin and public cnfidence in the prfessin. It shuld be nted that reputatin in this cntext des nt just relate t an individual s persnal reputatin but the cllective reputatin f the prfessin. 1.6 This Plicy shall apply at all times t enrlled students, wh may be required t attend practise placements and wh are in cntact with patients r clients in a prfessinal practise r wrk-based learning experience leading t prfessinal registratin. This Plicy als apply t students already n a prfessinal register where their cnduct while n the curse may raise cncerns abut their suitability t be n that register, fr example, thrugh persistent plagiarism. 1.7 It is the respnsibility f students t familiarise themselves with the relevant prfessinal standards and this Plicy and meet the requirements f bth. 1.8 Cncerns which may be cnsidered under this Plicy include thse relating t a student s health, behaviur r attitude which may affect the student s fitness t practise in their relevant prfessin. These cncerns may arise inside r utside the Cllege and may be brught t the attentin f the Cllege by any persn r rganisatin. 3

4 1.9 Where cncerns abut a student may be cnsidered under ne r mre Plicy such as, Academic Miscnduct Plicy and Student Disciplinary Plicy, as well as this Plicy, the Plicy used will be thse which are mst apprpriate, taking int accunt fairness t the student, the scpe and purpse f the Plicy and the Cllege s respnsibilities t prfessinal bdies. This decisin will be taken by the Principal in cnsultatin with the relevant Persnal Tutr Decisins made under this Plicy may nt be changed by the Assessment Bards The Cllege may start prceedings under this Plicy up t 4 mnths after a student has ceased t be a student f the Cllege. Fr example where there is a prfessinal r regulatry cde f cnduct which places a cntinuing duty n the Cllege t ensure that thse students are fit t practise and/r t recgnise breaches that may put members f the public at harm If a student withdraws frm the curse f study after the prceedings have started, the Cllege may cntinue the prceedings. 2. When this Plicy will be applied 2.1 This Plicy shuld be applied when there are cncerns abut a student s persnal r prfessinal suitability t remain n their curse f study, fr example when a student: demnstrates unprfessinal behaviur r behaviur that pses a direct risk t him/herself r thers, calls int questin his/her suitability fr wrking in that envirnment, threatens the reputatin f the Cllege r placement prvider, e.g. abusive behaviur/intimidatin r falsificatin f dcumentatin; cmmits an ffence under the Cllege s Student Cde f Cnduct r Academic Miscnduct Plicy which raises dubts abut his/her prfessinal suitability; is charged and/r cnvicted f a criminal ffence whilst n the curse; fails t disclse infrmatin n applicatin which wuld have influenced acceptance n the curse r self-disclses infrmatin during the curse which wuld be deemed t impact upn suitability t practise; self-disclses infrmatin during the curse which wuld be deemed t impact n suitability t practise; has a physical r mental health cnditin which may put him/herself r thers at risk; fails t cmply with Cllege r placement prvider plicies and prcedures. This list is nt exhaustive, ther behaviur may cause cncerns abut a student s fitness t practise. 4

5 3. Reprting f cncerns 3.1 In cases where a member f the Cllege bserves, r is infrmed f, any cause fr cncern abut a student s persnal r prfessinal suitability t remain n their curse f study, this shall be reprted t their Persnal Tutr, wh shall discuss the situatin with the Principal. 3.2 The student shuld be ntified in writing as sn as pssible by their Persnal Tutr abut cncerns raised abut their Fitness t Practise. 4. Dealing with cncerns 4.1 Where apprpriate, the student shuld be given the pprtunity and supprt t rectify the prblems befre the frmal stage f this Plicy is invked. This may be thrugh a learning cntract r actin plan agreed with the Persnal Tutr. This shuld be clearly dcumented and agreed with the student. 4.2 If cncerns abut a student s alleged behaviur and/r prfessinalism persist, the case shuld be referred t the Fitness t Practise Panel. 4.3 Where the alleged behaviur is sufficiently serius, the case can be referred directly t the frmal stage f this Plicy. 5. Suspensin frm Practise (Wrk Placements) 5.1 Where there are cncerns that are serius, the Cllege may suspend a student withut prejudice frm a placement/wrk experience. Sme examples f a serius cncern t warrant a suspensin f student frm their practise area wuld include: Patients r clients may be at risk; The prfessin might be brught int disrepute by the public knwing that the student remained in the wrk envirnment; Student s cnduct is alleged t be disruptive t the delivery f (clinical) care in a prfessinal rganisatin. 5.2 A student may be suspended frm a placement withut being suspended frm the Cllege. If a student is suspended frm a placement pending the utcme f the Fitness t Practise hearing, the student maybe allwed t attend the Cllege fr any thery sessins as part f their curse f study and may submit any thery assessments. 5.3 The Lead Persnal Tutr shall be infrmed in writing f any decisin n suspensin f a student frm a placement. 5.4 If a student is suspended frm their placement, s/he will be required t return the Identity Badges and unifrms, where applicable, pending the utcme f the Hearing. 5.5 The placement is nt able t suspend a student If an incident ccurs which leads t serius cncerns as utlined in 5.1 abve and it is nt pssible t cntact the Cllege, 5

6 the relevant Placement Prvider will be required t send the student away frm the placement until the next wrking day. The Placement Prvider will be expected t cntact the Placement Crdinatr at the Cllege as sn as pssible. The Placement Crdinatr will cnsider whether the student shuld be suspended frm the placement with immediate effect, fllwing the Plicy described abve. 6. Suspensin frm the Cllege 6.1 The student s Persnal Tutr may additinally suspend a student frm the Cllege during an investigatin if it is deemed that such suspensin is in the best interests f the student, ther students and the Cllege, r is necessary t ensure an effective investigatin. 6.2 The decisin t suspend a student frm the Cllege will include the exclusin frm all Cllege activities including studying at r with the Cllege and als the use f any Cllege premises and/r facilities. 6.3 In the case f students n time-limited prfessinal curses invlving wrk placements, it may be necessary t impse enfrced intermissin during any investigatin. In such cases, the Persnal Tutr may delegate the authrity t impse enfrced intermissin t the Placement C-rdinatr. It shuld be nted that sme prfessinal bdy requirements n the curse will permit a perid f intermissin t be cunted as part f the time taken t cmplete the curse, althugh under Cllege s Withdrawal, Intermissins, and Resumptin f Study Plicy, and the University f West Lndn/Lndn Metrplitan University Academic Regulatins, the perid f intermissin wuld nt cunt in this way. The student s statutry funding, if any, may stp during a perid f intermissin. 7. Frmal Stage f Fitness t Practise prceedings 7.1 Where the cncerns raised abut the student s behaviur are serius and call in t questin his/her suitability t remain n a curse leading t prfessinal registratin r where the initial attempts t reslve cncerns has nt reslved the matter, the student s Persnal Tutr, in cnsultatin with apprpriate persns, shall decide whether r nt t instigate a further investigatin int the matter. The Persnal Tutr may delegate any such investigatin t an apprpriate member f staff cmpetent t undertake it (e.g. IT persnnel, the Registrar). 7.2 Further investigatin will include the cmpletin f an investigatin reprt, cllectin f relevant infrmatin t supprt the allegatin with signed and dated statements frm the student(s) and witnesses directly invlved with the cause fr cncern/incident. 7.3 The investigatin shuld nrmally be cmpleted within 20 wrking days. 7.4 Fllwing the cmpletin f further investigatin int the cncerns, the Persnal Tutr r their nminee may decide n ne f the fllwing utcmes: N further actin; 6

7 7.4.2 Reslve infrmally (allw the student t cntinue fully as a student n the curse but prvide advice in writing as t their future cnduct and/r impse a requirement t attend an alternative placement); Refer the Student t a Disciplinary Panel fr a Fitness t Practise Hearing. 7.5 The student shall be infrmed f the utcme f further investigatin in writing within five wrking days f cmpletin f the investigatin. 7.6 The investigatin reprt is t remain n the student s file fr the duratin f the curse even if there is n further actin. 7.7 The student will have the right f appeal against these decisins as utlined in Sectin 16 belw. 8. Disciplinary Panel Membership 8.1 Membership f the Disciplinary Panel shall be the Principal r his nminee (as Chair); an Administratr appinted by the Registrar will minute the Panel; and such ther academic r supprt staff as are required frm the fllwing: The Student s Persnal Tutr; Head f Student Supprt; Head f Academic Supprt Centre; Placement Crdinatr; A representative f the relevant Placement Prvider. 8.2 All members f the panel shuld nt have had previus invlvement with the cncerns that have given rise t the Fitness t Practise Panel. The Chair is respnsible fr ensuring that the hearing is cnducted in a fair manner. 9. Prir t the Fitness t Practise Hearing 9.1 A student whse case has been referred t Fitness t Practise Panel Hearing shuld be given at least 10 wrking days ntice f the date f the Hearing including the fllwing infrmatin : A statement f the allegatin t be cnsidered, including reference t the breach f specific Regulatin/paragraph f the Student Cde f Cnduct; Reference t the relevant prfessinal bdy requirements that are alleged t be breached; A statement f the student s right t be accmpanied by a friend r representative, e.g. frm the Students Unin. Students may nt be represented by an external rganisatin, save fr a representative f the Students Unin. The accmpanying persn may nt be a practicing slicitr r barrister. Under n circumstances shall the csts be re-claimable, save fr expenses in exceptinal cases; A cpy f the investigatin reprt; A statement t the effect that witnesses may be called in supprt f the allegatin and that the student has the right t call witnesses n his/her behalf Cpies f any dcuments t be cnsidered in cnnectin with the allegatin, including any signed and dated statements A statement as t whether the student requires any reasnable adjustments; Details f the date, time and place f the hearing and thse wh will be present. 7

8 9.2 The student will be requested t submit a statement abut the allegatin(s) nt less than 5 wrking days prir t the hearing. This will be circulated t all members f the Panel and the student s friend r representative. 9.3 A student wh intends t be accmpanied must infrm the Registrar f the name f the persn accmpanying him/her in writing in advance f the meeting. 9.4 All participants (the student, Panel members, and representatives f the student and any Placement Prvider) shuld receive the same dcuments. 9.5 The Chair f the Panel will satisfy him/herself that the student has been sent all f this infrmatin befre he/she allws the hearing t g ahead. 9.6 Shuld a student ntify the Chair f the Panel in advance f the hearing that s/he is unable t attend the hearing n the scheduled date, nrmally nly ne further attempt t reschedule the hearing shall be made. 9.7 If a student des nt attend the hearing and des nt cmmunicate the reasn fr their nn-attendance, the Chair will cnsider whether the hearing shuld prceed in the absence f the student by taking int accunt the seriusness f the allegatins and whether they culd lead t enfrced deferral, expulsin r a further perid f suspensin, in accrdance with this Plicy. 9.8 Where a student has prvided a reasn fr their nn-attendance, the Chair f the Panel will cnsider whether in all the circumstances the reasn prvided is reasnable and if the hearing shuld be recnvened r the hearing shuld prceed with the written evidence. 10. Cnduct f the 10.1 The Disciplinary Panel shall cnsider the fllwing: The impact r relevance f the student s actin n their suitability t cntinue t study n a prfessinal curse leading t practitiner registratin; The student s suitability t undertake prfessinal practise; The risk in the practise area if the student has a physical r mental health cnditin; Fr students wh are already registrants, t cnsider their suitability t remain n their prfessinal Register. 11. The Hearing 11.1 The Chair will pen prceedings and will: Invite all parties except witnesses int the rm Explain the purpse and the pssible utcmes f the hearing if the allegatin is upheld as set ut in paragraph 13; Establish the names and identities f everyne present at the hearing and cnfirm the names f all witnesses wh will be supplying evidence. 8

9 11.2 If the allegatins invlve several students, the Chair f the Panel may decide t hear the allegatins at ne hearing subject t their being n reasnable bjectin frm the student(s) r their representative(s) Where witnesses are t be heard they are nly t be present fr the duratin f their wn evidence The Panel will nt have access t the student s previus recrd unless and until the allegatin has been upheld The hearing will be cnducted fairly but will nt seek t replicate a curt f law and will ensure that all relevant facts are cnsidered by the Panel and a suggested prcedure is as fllws: The Chair f the Panel will request the Persnal Tutr r nminee t present the case against the student, including submissin f written r verbal statements frm witnesses; The Panel and the student and their representative will be given the pprtunity by the chair t address questins t the Persnal Tutr, r ask fr pints f clarificatin The Persnal Tutr will then leave the hearing but remain available fr the purpses f clarificatin The key witnesses submitting written statements shuld be in attendance t answer any questins unless there are exceptinal circumstances r the parties agree therwise; The Panel may be given the pprtunity by the Chair t address questins t any f the witnesses; The Chair will request the student r their representative t present their case, including submissin f written r ral statements frm witnesses; The Chair f the Panel may ask questins f anyne present at the hearing at any time fr the purpses f clarificatin; the Panel members shuld direct any questins they wish t ask at the hearing thrugh the Chair The Chair f the Panel will invite the student r, where the student requests it, his/her friend r representative t make a final statement The Chair f the Panel will then ask everyne except the members f the Panel t withdraw frm the rm The Chair f the Panel may adjurn the hearing where further evidence r infrmatin is required at any time and will explain the reasn fr ding s t the student. 12. Decisin f the Panel 12.1 Once the Panel has reached its decisin, the student and his/her friend r representative, and the Persnal Tutr may be invited back int the rm and the Chair will annunce whether r nt the allegatin has been upheld Where the allegatin against the student has been upheld the Chair f the Panel may re-cnvene the meeting with the Panel members t determine the utcme f the 9

10 hearing and infrm the student in writing f the decisin f the Panel within ten wrkings days f the Hearing Where the Panel has upheld the cncerns, the student s file/recrd will be made available t the Panel at this stage alng with a shrt summary f the student s current academic psitin which has been btained by the Prgramme Leader. In arriving at a decisin, the Panel will take accunt any previus suitability t practise issues that may have been investigated previusly and the decisin(s) made in respect f this The Chair f the Panel will sign the written recrd f the decisin f the panel and, the recrd will be kept by the Registry Office and a cpy will be placed n the student s file The Panel need nt be unanimus in its decisin, but shuld base its decisin n the majrity view. Where there is nt a majrity view, the Chair will have the casting vte The Panel must reach a decisin based n the balance f prbabilities, based n the facts available at the time. 13. Outcmes and Penalties 13.1 The Fitness t Practise Panel shall have the pwer t decide n ne r mre f the fllwing utcmes: Defer a decisin pending the receipt f further infrmatin r advice; N further actin; Permit the student an extended perid f placement with the same prvider; Permit the student a new placement with the same r a different prvider; Enfrced deferral f studies while receiving therapy/cunselling/medical treatment. In such cases, students shall be asked t prvide evidence f suitability t resume study and prfessinal practise befre being re-admitted t their curse (a student may be referred t an apprpriate Student Supprt adviser fr this purpse); Require the student t prvide a written undertaking that the Student Cde f Cnduct and Disciplinary Prcedure will be bserved fr the remainder f the student s studies; Require the student t aplgise in the apprpriate manner t any persn; Require the student t sign a cntract fr gd behaviur/cnduct; Exclude the student indefinitely frm enrlling n any ther award with prfessinal requirements within the Cllege; Ntify the relevant Prfessinal Statutry r Regulatry Bdy where required; 13.2 In additin r alternatively t the utcmes abve, the Panel may recmmend t the Principal that he: Permit the student t cntinue n the curse, either uncnditinally, r subject t such requirements relating t the curse as may be reasnably impsed; Require the student t repeat a specified part r parts f the curse; Withdraw the student permanently frm further study n the curse; That the student is suspended either fr a specified perid f time, r until specified cnditins have been met (nt exceeding 12 mnths); That the student is expelled frm the Cllege; Exceptinally, recmmend t the Academic Bard f the awarding bdy that an award already made is withdrawn. 10

11 This list is nt exhaustive and the Panel may agree ther utcmes as apprpriate and relevant t the particular case. 14. Ntificatin f the Panel s decisin t the student 14.1 The student shuld be ntified in writing f the Panel s decisin within 5 wrking days f the utcme f the Panel meeting. The student shuld be ntified f the right f appeal and f their right t guidance / representatin frm the Students Unin The Administratr appinted t minute the Panel has respnsibility fr ntificatin f the utcme f the Panel t all relevant parties. 15. Recrd f the meeting 15.1 The Administratr appinted t minute the Panel shall prduce a frmal recrd f the meeting, t include: The nature f cncerns abut a student s Fitness t Practise; The evidence cnsidered and the weight given t it; The Panel s decisin; The reasns fr the decisin. 16. Right t Review 16.1 The student has a right t request a review f the decisin f the Fitness t Practise Panel in accrdance with this Plicy. Such a Review will be dealt with in accrdance with paragraph 11 f the Student Cde f Cnduct and Disciplinary Prcedures, and all prcedures and time limits set ut in that plicy shall apply If the student requests a review under the abve Plicy, any decisin f the Disciplinary Panel will nt take effect until a decisin n the review has been taken, althugh a suspensin may be maintained until the end f the review prcess A student wh is nt satisfied with the utcme f the appeal prvided by the Cllege may submit a cmplaint t the Office f the Independent Adjudicatr (OIA). Infrmatin n submitting a cmplaint t the OIA shall be cntained in the Cmpletin f Prcedures letter. Infrmatin n hw t submit a cmplaint t the OIA can als be fund n their website: 11

12 Part II DBS Checking 1 Purpse and Scpe This paragraph 1 is a statement f plicy and is nt intended t have binding effect. 1.1 The Cllege welcmes students frm a wide variety f backgrunds and aims t prvide a supprtive learning envirnment in which students can fulfil their ptential. It recgnises that sme f its applicants and students: may have unspent criminal cnvictins; may have spent criminal cnvictins that may be relevant in relatin t their prpsed curse f study; may be charged with a criminal ffence during the curse f their study; may be cnvicted f a criminal ffence during the curse f their study; may apply fr a curse that has prfessinal bdy accreditatin r invlves certain regulated activities, which requires an Enhanced Disclsure and Barring Service (DBS) check and therefre the disclsure f spent and unspent criminal cnvictins that are nt eligible fr filtering. 1.2 The Cllege aims t treat all such students fairly, while having due regard fr its duty f care t all members f the Cllege cmmunity - students and staff. The Cllege aims t supprt thse with criminal cnvictins and disclsure f a cnvictin des nt autmatically result in the withdrawal f an ffer r the terminatin f registratin. 1.3 Fr a number f prfessinally accredited curses, whether r nt they require a DBS check assciated with placements r ther activities, the standard f gd cnduct expected f students may be higher than thse f ther, nn-accredited curses. Cnsequently, the Cllege may impse stricter criteria bth fr admissin and fr remaining n such curses. 1.4 The Cllege expects and requires its applicants and students t be hnest, pen and t disclse their status with regard t criminal cnvictins apprpriately and in accrdance with this Plicy. Any failure t disclse this status t the Cllege will, f itself, be regarded as a serius breach f trust and hnesty and is likely lead t summary exclusin frm the institutin, regardless f the nature f the actual cnvictin. 1.5 In relatin t all aspects f this Plicy, the key pints the Cllege will cnsider when making a judgement are set ut belw: the seriusness f any ffence r ther matter revealed; the length f time since the ffence r ther matter ccurred; whether the individual has a pattern f ffending behaviur r ther relevant matters; whether the individual's circumstances have changed since the ffending behaviur r ther relevant matters ccurred; the circumstances surrunding the ffence and the explanatin(s) ffered by the cnvicted persn; whether the curse f study has any prfessinal accreditatin r registratin which wuld limit r prescribe r exclude the recruitment f students with an ffending histry; 12

13 Where a wrk placement, particularly a Relevant Placement is a requirement f the student r applicant s curse, the difficulty f btaining such a placement the cnvictin will cause; and if related t a Relevant Placement, whether the cnvictin r ther matter revealed is relevant t that placement. 2 Applicants wh have an unspent criminal cnvictin 2.1 Disclsure prir t ffer r admissin In accrdance with the Rehabilitatin f Offenders Act 1974, applicants wh have a spent criminal cnvictin(s) and wh are applying fr curses which d nt invlve a Relevant Placement r Relevant Activities are nt required t disclse the spent cnvictins Applicants wh have an unspent criminal cnvictin(s), must disclse these in accrdance with this Plicy at the earliest stage and befre an ffer is made f a place n a curse When an applicant has an unspent cnvictin and declares it prir t receiving an ffer, they will be asked t give a full and frank accunt f the cnvictin t the member f admissins staff, wh will then infrm the Admissins Officer. The Admissins Officer will then determine whether nt t reject the applicant r t recmmend that the applicant be made an ffer r, if an ffer-hlder, be permitted t register as a student If the Admissins Officer determines t reject the applicant/ffer-hlder this will be at their abslute discretin and nt subject t any right f appeal If they wish t recmmend that the applicant be made an ffer r the ffer-hlder be permitted t register as a student, the Admissins Officer will refer the matter t the Principal fr a final decisin. The decisin f the Principal is final and there is n right f appeal. 2.2 Failure t disclse All ffers f a place n any curse at the Cllege are cnditinal upn the: The applicant disclsing all unspent cnvictins in accrdance with this Plicy; and the applicant applying fr a Relevant Curse disclsing and spent criminal cnvictins that are nt eligible fr filtering; the applicant signing and returning the DBS Checking Agreement and paying the relevant admin fee t the Cllege; and the applicant cmplying with this Plicy Any failure t disclse an unspent criminal cnvictin, befre an ffer f a place is made r at any time after, will be regarded as a serius act f misrepresentatin and an attempt t deceive r mislead the Cllege Where an ffer-hlder r student has failed t disclse an unspent criminal cnvictin, r has therwise failed t cmply with this Plicy, the Admissins Officer may withdraw their ffer r terminate their registratin. 13

14 2.2.4 N refund f fees paid will be given in the event f terminatin fr failure t disclse. A failure t disclse a previus cnvictin may als amunt t a criminal ffence and the Cllege may reprt this t the Plice. 3 Applicants wh have a spent criminal cnvictin applying t Relevant Curses 3.1 Disclsure prir t ffer r admissin Relevant Curses are thse which have particular prfessinal bdy accreditatins r invlve a Relevant Placement and are exempt frm the Rehabilitatin f Offenders Act Relevant Curses include (but are nt limited t) Scial Wrk, Dietetics, Teacher Training curses and ther curses that invlve wrking with children In accrdance with the Rehabilitatin f Offenders Act 1974, applicants wh have an unspent criminal cnvictin(s) that are eligible fr filtering are nt required t disclse thse cnvictins that are eligible fr filtering Applicants wh apply t the Cllege t study Relevant Curses wh have a spent criminal cnvictin(s) that is nt eligible fr filtering are required t disclse all unspent and spent criminal cnvictins that are nt eligible fr filtering at the earliest stage and befre an ffer is made f a place n a curse When an applicant has a spent cnvictin that is nt eligible fr filtering and declares it prir t receiving an ffer, they will be asked t give a full and frank accunt f the cnvictin t the member f admissins staff, wh will then infrm the Admissins Officer. The Admissins Officer will then determine whether nt t reject the applicant r t recmmend that the applicant be made an ffer r, if an ffer-hlder, be permitted t register as a student If the Admissins Officer determines t reject the applicant/ffer-hlder this will be at their abslute discretin and nt subject t any right f appeal If they wish t recmmend that the applicant be made an ffer r the ffer-hlder be permitted t register as a student, the Admissins Officer will refer the matter t the Principal fr a final decisin. The decisin f the Principal is final and there is n right f appeal. 3.2 Failure t disclse All ffers (including uncnditinal ffers ) f a place n a Relevant Curse r a curse that invlves a Relevant Placement are cnditinal upn: The applicant disclsing all unspent cnvictins in accrdance with this Plicy; and the applicant applying fr a Relevant Curse disclsing and spent criminal cnvictins that are nt eligible fr filtering; the applicant signing and returning the DBS Checking Agreement and paying the relevant admin fee t the Cllege; and the applicant cmplying with this Plicy. 3.3 If a student fails t disclse any spent r unspent criminal cnvictin(s) that was nt eligible fr filtering befre an ffer is made, r at any time after, this will be regarded 14

15 as a serius act f misrepresentatin by the student and an attempt t deceive r mislead the Cllege. 3.4 Where a student fails t disclse an unspent cnvictin r spent criminal cnvictin that was nt eligible fr filtering, r has therwise failed t cmply with this Plicy, the Principal may withdraw the ffer r terminate their registratin n the basis that these cnditins have nt been fulfilled. There be n refund f any fees already paid. 3.5 A failure t disclse a previus cnvictin may als amunt t a criminal ffence and the Cllege may reprt this t the Plice 4. Students participating in a curse which is a Relevant Curse and/r invlves a Relevant Placement 4.1 Fr the avidance f dubt the Cllege will apply fr the relevant DBS disclsure fr students wh have enrlled n any curse that is a Relevant Curse and/r invlves a Relevant Placement, whether thse placements are mainly supervised r unsupervised. It is a cnditin f cntinuing n these curses that students cnsent t the Cllege applying fr the relevant DBS check, and pay the relevant fee fr the check. Cntinued study r admissin n curses cvered by this Plicy is cnditinal upn the Principal being satisfied with the fllwing: the DBS disclsure; that a student is nt barred frm wrking with children and/r vulnerable grups r in a regulated activity; such restrictins and cnditins as the Principal may apply t mitigate any cnvictins e.g. making an ffer cnditinal n securing a wrk placement and/r additinal satisfactry emplyer references; and such ther checks that the Cllege r a placement prvider is required t cmplete r undertake frm time t time. 4.2 The Cllege will nrmally apply fr a DBS disclsure either n enrlment, r prir t an individual undertaking a Relevant Placement. The disclsure must have been reviewed and be deemed satisfactry by the Cllege and the Placement Prvider befre the placement can begin. 4.3 Students must prvide the Cllege with the DBS certificate where this is requested by the Cllege, and cnsent t the Cllege retaining a cpy f the DBS disclsure, which it will stre in accrdance with the Data Prtectin Act Students must retain their DBS disclsure fr the duratin f the curse and must make it available t placement prviders if requested by their Persnal Tutr/Wrk Placement Officer r the Placement Prvider. 4.5 Students are required t subscribe t the DBS Update Service at their wn expense if the curse duratin is mre than ne year ( 4.6 Students must als cnsent t status checks. The Cllege wuld cnsider the refusal t cnsent t status checks as failure t disclse. 15

16 4.7 If a further DBS check is required fr a student wh has nt subscribed t the DBS Update Service the student must meet the full cst f the additinal check. Students will nt rdinarily be required t prvide r apply fr a further DBS disclsure during the curse unless a DBS status check reveals a change; r a status check is required and the student has nt subscribed t the DBS Update Service. 4.8 It is a cnditin f enrlment that students cnsent t the Cllege discussing the infrmatin cntained in the DBS disclsure r status check with any placement prvider. Students may be required t attend an interview with the placement prvider t discuss the infrmatin cntained in the disclsure r status check befre a final decisin n suitability can be taken. 4.9 In the event that relevant infrmatin abut a student (whether in relatin t previus cnvictins r therwise) is btained thrugh a DBS check r DBS status check during the curse f study, Student Supprt will determine hw t prceed If an individual wishes t dispute any infrmatin cntained in a disclsure, they can d s by cntacting the DBS directly. 5. Students wh cmmit criminal ffences r are invlved in ther pertinent matters during their study 5.1 All students are under a cntinuing duty t immediately ntify their Persnal Tutr f r Placement Crdinatr thrughut their curse f study: if they are charged r cnvicted f any criminal ffence; r if they receive a plice cautin, reprimand r warning. 5.2 The student s Persnal Tutr will determine what actin shuld be taken, including whether matter is miscnduct under the Student Cde f Cnduct and Disciplinary Prcedure and/r whether any actin shuld be taken under the relevant Curse Specific Plicy (fr example, Fitness t Practise) if: relevant infrmatin abut a student (whether in relatin t previus cnvictins r therwise) is vlunteered by a student during the curse f study, the student s Persnal Tutr will cnsult with Student Supprt as t hw t prceed.if there is a frmal child prtectin investigatin f the student r any member f their husehld r, if they are barred frm wrking with children r vulnerable grups r in a regulated activity r; if they are the subject f a referral t the DBS; 5.3 In the event that relevant infrmatin abut a student (whether in relatin t previus cnvictins r therwise) is vlunteered by a student during the curse f study, the Lead Persnal Tutr will cnsult with Student Supprt as t hw t prceed. 16

17 6. Staff DBS Checks 13.2 The Cllege cnducts current DBS checks at either Basic, Standard r Enhanced level, dependant n their level f engagement with vulnerable persns, n all staff respnsible fr: safe-guarding; student pastral care; student supprt r teaching rles n Relevant Curses; and arranging Relevant Placements 6.2 Staff wh cmmit criminal ffences r are invlved in ther pertinent matters during their study are dealt with under the Staff Disciplinary Plicy. All jb ffers fr the rles abve are subject t clear DBS checks being received by the Cllege. 17