Understanding the Impact of Background Checks on Childhood Offences: A Balanced Approach for Employers

The importance of conducting thorough background checks cannot be overstated, especially in sectors where safeguarding vulnerable individuals is paramount. However, the challenge arises when historical convictions, particularly those committed during childhood, come to light during these checks. Employers must tread carefully to balance fairness with the need for security.
 
A recent article published in HR Magazine shed light on this very topic, highlighting how background checks often reveal minor childhood offences that might no longer be relevant or fair to consider. As a leading provider of background verification services, Verifile recognises the complexities involved in this process and advocates for an approach that ensures fairness while maintaining the necessary safeguards.
 
This blog post expands on the insights shared in the HR Magazine article, offering a deeper exploration of how employers can responsibly manage background checks, particularly in relation to childhood offences. We aim to guide employers in making informed decisions that protect their organisations while also upholding fairness and giving candidates the opportunity to demonstrate their rehabilitation.
 

The Context of Childhood Offences

It is well-recognised that childhood is a time for growth and learning, during which individuals may make mistakes. The UK legal system acknowledges this by implementing the Disclosure and Barring Service (DBS) filtering rules, which are designed to limit the disclosure of minor offences committed in youth. The purpose of these rules is to prevent such offences from having a lasting impact on a person’s life, particularly when they are not indicative of their current character.
 
For example, an offence like "taking a cycle without authority" committed at the age of 14 would likely be filtered out of a DBS check after a certain period, provided the individual has not reoffended. This allows individuals to move on from their past and be judged on their present merits rather than outdated misdemeanours. However, if the individual had multiple offences or if the offence was of a more serious nature, such as assault, it might still appear on a Standard or Enhanced check.


 

The Role of Employers in Background Checks

 When employers conduct criminal records checks, especially for roles involving vulnerable groups, it is crucial to select the appropriate level of DBS check—whether Basic, Standard, or Enhanced. Each level provides different levels of disclosure, with Enhanced checks revealing even spent convictions if deemed relevant to the role.
 
Yet, even when historical convictions are revealed, it is vital that employers assess each case on its individual merits. A 40-year-old conviction for something like fare evasion, particularly if it is the only blemish on an otherwise clean record, should not be weighed the same as recent convictions that indicate a pattern of concerning behaviour.
 

Choosing the Right Level of DBS Check

Employers must choose the appropriate level of DBS check based on the role they are hiring for—Basic, Standard, or Enhanced. Each type of check reveals different levels of information: 

• Basic Check: This level might suffice for most roles such as typical office jobs, warehouse operators and others. It only discloses unspent convictions, providing a more limited view of a candidate’s criminal history.
• Standard Check: This level discloses both spent and unspent convictions, along with cautions, warnings, and reprimands. It is typically used for roles that involve some level of responsibility such as some roles in Financial Services but do not necessarily include direct interaction with vulnerable groups. 
• Enhanced Check: This is necessary for roles involving significant responsibility, such as teaching or healthcare, as it can disclose all the information included in a Standard Check, plus any additional relevant information held by local police and checks against the barred lists if requested.

 
Employers should carefully consider the level of check required, as the choice has significant implications for both the organisation and the candidate. For instance, a historical conviction like a 40-year-old fare evasion offence should be evaluated within the context of the candidate’s entire history. If this is the only issue and the individual has demonstrated a clean record since, this should be weighed against their overall suitability. However, if the candidate has recent issues such as a history of fraud or dishonesty, even minor past offences might take on greater significance as part of a broader pattern of behaviour.
 

Balancing Safeguarding with Fairness

 Verifile strongly advocates that employers should not automatically reject candidates based on old convictions, especially those committed during childhood. Instead, it is advisable to engage with the candidate, providing them with an opportunity to explain the context of their past behaviour and any rehabilitation efforts they have made since. This approach not only fosters fairness but also aligns with the principles of natural justice and rehabilitation.
 

Considering Jurisdictional Differences

 It's also important to note that different UK jurisdictions have varying rules regarding the disclosure of offences. The filtering system discussed primarily applies in England and Wales. Employers must be aware of the rules in Scotland and Northern Ireland, where different filtering criteria may apply, and consider whether similar offences would be disclosed in these regions.
 

Conclusion

 Verifile strongly believes that while safeguarding is paramount, it must be balanced with fairness and recognition of an individual’s right to rehabilitation. Employers have a responsibility to ensure that their background checks are conducted thoughtfully, considering the full context of a candidate’s life and career, especially when dealing with historical offences from childhood.
 
Employers are encouraged to engage in a dialogue with candidates, allowing them to provide context for their past actions and demonstrate how they have moved forward. By taking a nuanced approach to background checks, employers can protect their organisations while also supporting the rehabilitation and fair treatment of candidates.
 
At Verifile, we are committed to helping employers navigate the complexities of background checks with integrity and fairness, ensuring that the right decisions are made for both the organisation and the individuals involved. Through careful consideration and a balanced approach, we can contribute to building a fairer and more inclusive workforce.

To learn more about how we can help you create a custom screening programme that benefits your company and its employees, get in touch with our team at sales@verifile.co.uk or give us a call on +44 (0) 1234 60 80 90.