Policy on disclosure of criminal record

The ability for an employer, voluntary organisation, or licensing organisation to ask an individual to apply for a Disclosure and Barring Service (DBS) check, at either Standard or Enhanced level, is set out in legislation.

Eligibility is based upon the nature of the duties for the specific position. To be eligible for a DBS check a position must be:

  • Listed in the Rehabilitation of Offenders Act (ROA) 1974 (Exceptions) Order 1975 – this entitles the position to a Standard level check; and if
  • Prescribed in The Police Act 1997 (Criminal Records) Regulations entitles the position to an Enhanced level check.

The Rehabilitation of Offenders Act (ROA) 1974 (Exceptions) Order 1975 includes the following:

Positions eligible for DBS checks taken from the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

Ref No 25

Any employment or other work which is concerned with the provision of health services and which is of such a kind as to enable the holder of that employment or the person engaged in that work to have access to persons in receipt of such services in the course of his normal duties.

It is College policy that from 7th February 2013 all new clinic supervisors, including locums, and all new students are requested to apply for a standard DBS check and must have agreed to this explicitly in writing. This applies to new supervisors and students on the acupuncture, Chinese herbs and nutritional therapy courses, all of which constitute provision of health services as in the Order above.

Students will be requested to apply when they have enrolled and begun their first year studies but before their first attendance in clinic.

New supervisors will be asked to apply once they have been offered a position as clinic supervisor.

Currently, the BAcC and RCHM require practitioners to self-declare any criminal convictions and views their impact on a case by case basis. College policy is based on the belief that acupuncturists, herbalists and nutritional therapists are healthcare professionals and therefore should be subject to the same checks as are other members of medical professions such as doctors and nurses.

Certificate information will not be kept in a student or staff personnel file. It will be kept separately and securely with access restricted to the College Manager and Principal. Certificate information will only be kept up for a period up to 6 months and then destroyed securely. However, notwithstanding the above, we may keep a record of the date of issue of a Certificate, the name of the subject, the type of Certificate requested, the position for which the Certificate was requested, the unique reference number of the Certificate and the details of the recruitment or admission decision taken.

Policy dated July 2016. Revision due by Academic Board Autumn 2019