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Policies

C Media complies with all policies regarding Child protection, Data handling and the rehabilitation of offenders act

Adults or Children at Risk

C Media ltd aims to ensure that any vulnerable people, whether children,
young people or adults at risk*, are protected and kept saf e f rom harm while they are with
staff and volunteers in this organisation. In order to achieve this we will ensure our staff and
volunteers are caref ully selected, screened, trained and supervised.
Selection
All applicants to our organisation will complete an application form.
Short listed applicants will be asked to attend interview.
Short listed applicants will be asked to provide ref erences and these will always be taken up
prior to confirmation of an appointment.
Screening
Where relevant to the post, the successf ul applicant will be asked to agree to an appropriate
disclosure. Disclosures will be requested prior to the applicant taking up post.
Training
The successf ul applicant will receive induction training, which will give an ov erview of the
organisation and ensure they know its purpose, v alues, serv ices and structure.
Relev ant training and support will be provided on an ongoing basis, and will cover inf ormation
about their role, and opportunities f or practicing skills needed f or the work.
Training on specific areas such as health & saf ety procedures, identif ying and reporting
abuse, and conf identiality will be giv en as a priority to new staff and volunteers, and will be
regularly reviewed.
Supervision
All staff and volunteers will hav e a designated supervisor who will provide regular feedback
and support.
Ev ery member of staff and volunteer will attend an annual review, where their perf ormance,
skills, motivation and expectations will be discussed. Annual reviews will be minuted and
copies made available to the member of staff / volunteer.
The C Media ltd will ensure that all staff and v olunteers involved in recruitment,
training and superv ision, are aware of this policy and hav e received appropriate training and
support to ensure it f ull implementation.

Recruitment of Ex Offender Policy

The purpose of this policy is to ensure consistent and f air practices are implemented f or the
recruitment of staff or v olunteers who hav e a criminal record to paid/unpaid child care and
vulnerable posts within C Media ltd.
C Media ltd undertakes to treat all applicants f or positions within the
organization f airly and not to discriminate unf airly against the subject of a disclosure on the
basis of conviction or other inf ormation revealed.
Having a criminal record will not necessarily de bar an individual f rom working/volunteering in
a child care/Adults at Risk position within this organization. Only convictions or conviction
inf ormation that is deemed relev ant to the position applied f or will result in an applicant not
being granted the position.
This organization implements a f air recruitment policy that ensures individuals hav e the
opportunity to disclose any convictions or conviction inf ormation in a way that allows f or a
clear risk assessment to be carried out that will determine whether or not the conviction or
conviction inf ormation is relev ant to the position applied f or.
To ensure the correct applicant is appointed and to enable C Media ltd to
determine the relevance of any convictions or conviction inf ormation to positions applied f or
C Media ltd will use the f ollowing recruitment tools:
ÿ Application Form
ÿ Self Declaration Form (see appendix 1, and 2a)
ÿ Ref erences
ÿ Interviews
ÿ Disclosure Certificate
As part of C Media ltd recruitment policy we request the appropriate lev el of
Disclosure certificate at the final part of the recruitment stage, when a position has been
offered.
Enhanced Disclosure certificates will only be sought f or positions that are deemed to be
exempted posts. An exempted post is one, which is detailed in the Exclusions and
Exceptions (Scotland) Order 2003 (see appendix 3).
Under the Rehabilitation of Offenders Act 1974, ex offenders hav e the right not to reveal
spent convictions. Howev er, additional legislation (the Exclusions and Exceptions (Scotland)
Act 2003) allows f or employers to ask f or an applicant to detail their f ull criminal record
history.
One of the positions listed in the Exclusions and Exceptions (Scotland) Order 2003 is a child
care position. The definition of a child care position is defined in Schedule 2 of the Protection
of Children (Scotland) Act 2003 (PoCSA).
Applications for Child Care and Adults at Risk Positions
Where a position requires an Enhanced disclosure we make this clear on the application
f orm, job advert, self declaration form and any other information provided about the post.
All applicants are required to complete an application f orm, self declaration f orm, interview
and giv e details of 2 ref erees.
Self Declaration Forms:
Self Declaration Forms will be viewed by the Interview Panel/Lead Signatory/Additional
Signatory/Committee* bef ore interview to determine the relev ance of any disclosed
inf ormation to the position applied for.
When assessing the relevance of any convictions or conviction inf ormation the Interview
Panel/Lead Signatory/Additional Signatory/Committee* will look at the f ollowing inf ormation:
ÿ Whether the conviction is relevant to the position being offered
ÿ The seriousness of the off ence revealed.
ÿ The length of time since the off ence took place
ÿ Whether the applicant has a pattern of offending behaviour
ÿ Whether the applicant’s circumstances hav e changed since offending took place
ÿ How the individual completed their sentence to move forward and stop the off ending
behaviour
Should the Interview Panel/Lead Signatory/Additional Signatory/Committee* decide that the
inf ormation is relevant to the post the applicant will be deemed to have been unsuccessf ul
and this inf ormation will be f ed back to the applicant by letter.
For applicants who hav e disclosed convictions or conviction inf ormation that is not deemed to
be relevant to the post an interview will take place.
At interview we will ensure that open, measured and relev ant discussions can take place on
the subject of any disclosed off ences.
Failure to rev eal inf ormation on the Self Declaration Form or at interview that is directly
relevant to the position sought will lead to the withdrawal of the offer of paid/unpaid work.
The appropriate lev el of Disclosure certificate will be accessed once the applicant has
successf ully completed the interview and the paid/unpaid position has been off ered.
Should the returned Disclosure certificate disclose more off ences, more serious off ences or
relevant non conviction inf ormation than previously disclosed by the applicant this could lead
to the withdrawal of off er of employment/volunteer post. This will be a decision f or the
Interview Panel/Lead Signatory/Additional Signatory/Committee to make.
However should the Disclosure certificate for a Child Care position reveal that the
applicant is Fully Listed on the Disqualified from Working with Children’s List under no
circumstances will the applicant be offered or entitled to work/volunteer in a child care
position for C Media ltd
All disclosure certificates accessed f or successf ul candidates will be stored f or no longer than
90 days af ter the date on which the recruitment decision was made.
* Delete as appropriate
Appendix 1
Self Declaration Form for a Child Care position requiring an
Enhanced Disclosure
Private and confidential

The post that you have applied for is f or a child care position. The position is theref ore
exempt from the Rehabilitation of Offenders Act 1974 by the Exclusions and Exceptions
(Scotland) Order 2003. You are theref ore required to disclose all convictions (spent and
unspent), cautions and any relevant non conviction inf ormation.
Part A: Previous convictions – this section should be completed by all applicants.
Date(s) of conviction(s):
Court(s) where your conviction(s) were heard:
Type of offence(s):
Sentence(s) received
Please give details of the reasons and circumstances that led to your offence(s)

Please give details of how you completed the sentence(s) imposed, (f or example did you pay
your fine(s) as required? what conditions were attached to your probation/community
service/supervised attendance order(s), did you comply with the requirements of your
custodial sentence(s).

Hav e any other organisations supported you to work through any of the above
issues/difficulties?

What have you learned from your experience?

Part B – Details of any disciplinary action relating to behaviour to children and young
people – this section should be completed by all applicants

Hav e you been disciplined because of inappropriate behaviour towards a child or young
person, which may have harmed them or put them at risk of harm? YES/NO
If YES, please give details.

Part C: Police Investigations – this should include relevant police non conviction
information.
Date of investigation(s):

Police Division(s) involved:

Details of inv estigation(s)

Please give details of the reasons and circumstances that led to your investigation(s):
Disposal(s) if known:

Are you, or hav e you ever been, known to any Social Work Department/Social Services
Department (in England and Wales) as an actual or potential risk to children?
YES/NO
If yes, please provide details

Part D: The Protection of Children (Scotland) Act 2003 Self Declaration – this section
should be completed by all applicants.

Before answering the question below, please read the following notes
Section 11 of the Protection of Children (Scotland) Act 2003 creates a new offence which
an individual who is disqualified from working with children will commit if they apply f or,
offer to do, accept or do any work in a child care position. An organisation will also be guilty
of an offence if they knowingly employ (paid or unpaid) a disqualified person in a child care
position.
Section 17 of the Protection of Children (Scotland) Act 2003 def ines “disqualif ied f rom
working with children”. It extends to Scotland disqualifications, which previously applied
in England and Wales only. A person is disqualified from working with children if they are:
Included (otherwise than provisionally) in the Disqualified f rom Working with Children
List established under section 1(1) of the Protection of Children (Scotland) Act 2003?
Included (otherwise than provisionally) in the List kept under section 1 of the
Protection of Children Act 1999?
On List 99 and subject to direction under subsection (1)(a) of section 142 (prohibition
from teaching etc.) of the Education Act 2002 giv en on the grounds mentioned in
subsection (4)(b) of that section, not to carry on work to which that section applies?
Subject to a Disqualification Order within the meaning of the Criminal Justice and
Court Services Act 2000.

To help us ensure we are complying with the new child protection laws, please complete the
f ollowing declaration.

I _____________________________________ [f ull name in block capitals]
Of [address]___________________________________________
______________________________________________
confirm that I am not subject to any of the disqualifications set out in section 17 of the
Protection of Children (Scotland) Act 2003
OR
I am the subject of a disqualification f rom working with children under
____________________________________________________________
I understand that deliberately giving f alse inf ormation can result in prosecution.
Signed _________________________________ Date ______________
Part E: Declaration –this section should be completed by all applicants
I hereby declare and represent that, except f or as disclosed abov e, I hav e not at any time,
whether in the United Kingdom or abroad, been f ound guilty and sentenced by a court f or a
criminal off ence.
I give my consent to C Media ltd carrying out a Disclosure check (if appropriate)
and to requesting ref erences f or the purposes of v erifying the replies giv en in this declaration,
including enquiries of any relevant authority.
I agree to inf orm C Media ltd if I am convicted of an off ence after I take up any post
within the organisation. I understand that f ailure to do so may lead to the immediate
suspension of my work with children with the organisation and/or the termination of my
services.
If I am appointed to a child care post, I agree to abide by the organisation’s Code of Conduct
and Child Protection Policy and Guidelines.
I agree to abide by the conditions abov e and certify that the inf ormation contained in this f orm
is true and correct to the best of my knowledge and I realise that f alse inf ormation or wilf ul
omissions may lead to the immediate suspension of my work with children or the termination
of my services.
Signed: ______________________________________Date:____________________
Please not that any information you give in this f orm will be managed according to the
organisation’s Conf identiality Policy.

Appendix 2a
Self Declaration Form for an Adults at Risk Position requiring an Enhanced Disclosure
Private & Confidential
The post that you hav e applied f or is exempt from the Rehabilitation of Offenders Act 1974 by
the Exclusions and Exceptions Scotland Order 2003 and Section 10 of the Police Act 1997
(Criminal Records) (Scotland) Regs 2006. You are theref ore required to disclose all
convictions (spent and unspent), cautions, and any relevant non conviction inf ormation.
Please give details regarding any convictions and cautions under the heading in Section 1.
Please give details of any relevant non conviction inf ormation in Section 2.
If you have no convictions, cautions, or relev ant non conviction inf ormation please go to
Section 3 and sign the declaration form.
Should you be appointed for the position applied for you will also be required to
provide an Enhanced Disclosure under the terms of the Police Act 1997 (Part v).
Section 1
a) Please giv e the date and details of the conviction(s) that you were charged with, the
sentence that you received and the court where your conviction(s) was heard.
b) Please give details of the reasons and circumstances that lead to your offence(s)
c) Please giv e details of how you completed the sentence imposed, (f or example did
you pay your fine as required, what conditions were attached to your
probation/community service/supervised attendance order, did you comply with the
requirements of your order/custodial sentence.
d) Has any other organi sation(s) supported you to work through any of the abov e
issues?
e) What have you learned from the experience?
Section 2
Non conv iction relev ant inf ormation:

Section 3
Declaration (I certify that all information contained in this form is true and correct to the
best of my knowledge and realise that false information or omissions may lead to
dismissal).
Signature: Date:

 

NOTE: The information given in this form will be treated in the strictest confidence. Please
seal this form in the addressed envelope provided and return prior to your interview.
Appendix 3
The Rehabilitation of Offenders Act 1974 – (Exclusions and Exceptions) (Scotland)
Order 2003
Various kinds of employment, occupations and prof essions are exempted f rom the Act under
the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order
2003.
To ensure adequate protection f or the public exemptions hav e to be made so that inf ormation
about “spent” convictions may not be withheld in certain circumstances. These exemptions
are set out in statute – ‘The Exceptions Order’.
The Exceptions Order sets out the types of work and range of proceedings inv olving a
particular lev el of trust to which the protection off ered by the Rehabilitation of Offenders Act to
ex offenders is not av ailable. Types of work include work with children, work with Adults at
Risk, and employment involving the administration of justice, national security and financial
services. It does not necessarily debar ex offenders from these jobs. Generally it will be
f or an employer or other authorised person to make an assessment of the relevance of the
conviction.
Howev er, if the person is seeking work in a child care position and their previous
convictions are such that they have been included in the list that is provided for in the
Protection of Children (Scotland) Act 2003 – the Disqualified from Working with
Children’s List, it will be unlawful for the person to be employed in a child care
position.
In all circumstances, the person whose suitability for a position is being assessed must be
inf ormed when the question is asked that ‘spent’ convictions (or, in the case of financial
services, ‘spent’ conv ictions f or a relevant off ence), are to be disclosed. Questions can f or
the most part only be asked to determine the suitability of the person seeking the post. It
should be noted howev er that f or child minding, adoption and f ostering questions can be
asked of the individual being assessed, and also those living or working in the same
household.
In respect of those post s cov ered by the Exceptions Order, an employer or authorised body is
generally entitled to know about all previous convictions, both ‘spent’ and ‘unspent’ and to
take them into account in assessing an individual’s suitability for work. The only one area
where the range of previous convictions which the employer or authorised body is entitled to
know about is restricted, is in the financial service sector.
The Exceptions Order now makes it clear that questions about previous convictions can be
asked of those who are seeking to train f or any of the prof essions, offices, occupations or
employments specif ied in the Order, and of those who are currently training f or such
positions.

EXCEPTED PROFESSIONS, OFFICES, EMPLOYMENTS, AND OCCUPATIONS
Professions
ÿ Medical Practitioner
ÿ Adv ocate, Solicitor
ÿ Chartered Accountant
ÿ Dentist, Dental Hygienist, Dental Auxiliary
ÿ Veterinary Surgeon
ÿ Nurse, Midwif e, Health Visitor
ÿ Ophthalmic Optician, Dispensing Optician
ÿ Pharmaceutical Chemist
ÿ Registered Teacher
ÿ Any prof ession to which the Prof essions Supplementary to Medicine Act 1960 applies
and which is undertaken f ollowing registration under the Act
ÿ Registered Osteopath
ÿ Registered Chiropractor
ÿ Chartered Psychologist
ÿ Actuary
ÿ Registered European Lawyer, Registered Foreign Lawyer
ÿ Social Worker
ÿ Social Service Worker
Offices and Employments
ÿ Judicial Appointments
ÿ Prosecutors, Officers assisting prosecutors, and Officers assisting in the work of the
Crown Office
ÿ Signing Justices, and their Clerks and Assistants
ÿ Clerks (including depute and assistant clerks) and officers of the High Court of
Justiciary, and the Court of Session and the District Court, Sheriff Clerks (including
Sheriff Clerk Depute) and their Clerks and assistants
ÿ Precognition Agents
ÿ Constables, Police Custody, Security Officers, Persons appointed as Police Cadets to
undergo training with a view to becoming Constables and persons employed f or the
purposes of , or to assist the Constables of , a Police Force established under any
enactment, Naval, Military and Air Force Police
ÿ Any employment which is concerned with the administration of , or is otherwise
normally carried out wholly or partly within the precincts of a prison, remand centre,
young off enders institution, detention centre or remov al centre, and members of
visiting committees f or prisons appointed under rules made under section 39 of the
Prisons (Scotland) Act 1989(a) and members of visiting committees f or remand
centres and young off enders institutions appointed under section 19(3) of that Act
ÿ Traffic wardens appointed under section 95 of the Road Traffic Regulation Act
1984(b) or section 9 of the Police (Scotland) Act 1967(c)
ÿ Any employment or work which is concerned with the provision of a care
service
ÿ Any employment or work which is concerned with the provision of health
services and which is of such a kind as to enable the holder to have access to
persons in receipt of such services in the course of that person’s normal duties
ÿ Any employment or work in a child care position
ÿ Any person who prov ides a service, or who seeks to provide a serv ice under Part 4 of
the Adults with Incapacity (Scotland) Act 2000(d)
ÿ Any employment in the Scottish Society f or the Prevention of Cruelty to Animals
where the person employed or working, as part of his or her duties, may carry out the
killing of Animals
ÿ Any office or employment in the Serious Fraud Office
ÿ Any office or employment in the National Crime Squad or the National Criminal
Intelligence Service
ÿ Any office or employment in Her Majesty’s Customs and Excise
ÿ Any employment which is concerned with the monitoring, f or the purposes of child
protection, of communications by means of the internet
ÿ Any office or employment in the Scottish Social Services Council
ÿ Her Majesty’s Inspectors or any person appointed by the Scottish Ministers f or the
purposes of section 66 of the Education (Scotland) Act 1980(e) or section 9 of the
Standards in Scotland’s School’s etc. Act 2000(f )
ÿ The principal Reporter or officers appointed under section 128(5) of the Local
Gov ernment etc. (Scotland) Act 1994(g) to assist that officer
ÿ Members of a panel established by virtue of section 101 (1) of the Children (Scotland)
Act 1995 (h) (panels f or curators ad litem, reporting officers and saf eguarders)
Occupations
ÿ Firearms dealer
ÿ Any occupation in respect of which an application to the Gaming Board f or Great
Britain for a licence, certificate or registration is required by or under any enactment
ÿ Any occupation which is concerned with the management of a place in respect of
which the approv al of the Secretary of State is required by section 1 of the Abortion
Act 1967
ÿ Any occupation in respect of which the holder, as occupier of premises on which
explosiv es are kept, is required by an Order in Council made under section 43 of the
Explosives Act 1875 to obtain from the police or a court of summary jurisdiction a
certificate as to his fitness to keep explosives
ÿ Taxi driv er or private hire driv er
Interpretation In this schedule
‘Actuary’ means a member of the Institute of Actuaries or a member or student of the
Faculty of Actuaries?
‘Accountant’ means a member of –
(a) the Association of Certified Accountants?
(b) the Institute of Chartered Accountants in Scotland?
(c) the Institute of Chartered Accountants in England and Wales?
(d) the Chartered Institute of Public Finance Accountants? or
(e) the Chartered Institute of Management Accountants?
‘Chartered Psychologist’ means a psychologist included in the British Psychological
Society’s Register of Chartered Psychologists?
‘child care position’ has the meaning given by schedule 2 to the Protection of
Children (Scotland) Act 2003(a)?
‘Firearms Dealer’ has the meaning given by section 57(4) of the Firearms Act
1968(b)?
‘Health Services’ means serv ices provided under the National Health Service
(Scotland) Act 1978(c) and similar services provided otherwise than under the
National Health Service?
‘Her Majesty’s Inspectors’ has the meaning given by section 135 of the Education
(Scotland) Act 1980?
‘Judicial Appointment’ means an appointment to any office by virtue of which the
holder has power (whether alone or with others) under any enactment or rule of law
to determine any questions af f ecting the rights, privileges, obligations or liabilities of
any person?
‘Prosecutors’ has the meaning given by section 307 of the Criminal Procedure
(Scotland) Act 1995(d)?
‘Registered Chiropractor’ has the meaning giv en by section 43 of the Chiropractors
Act 1994(e)?
‘Registered Foreign Lawyer’ and ‘Registered European Lawyer’ hav e the meaning
given by section 65 of the Solicitors (Scotland) Act 1980(f)?
‘Registered Osteopath’ has the meaning giv en by section 41 of the Osteopaths Act
1993(g)?
‘Registered Teacher’ means a teacher registered under the Teaching Council
(Scotland) Act 1965(h)?
‘work’ has the meaning given by section 16 of the Protection of Children
(Scotland) Act 2003.



Secure Handling, Use, Storage and Retention of Disclosure Information

In accordance with the Scottish Executive Code of Practice, for registered persons
and other recipients of Disclosure Information, C Media ltd will
ensure the f ollowing practice.
Disclosures will only be requested when necessary and relevant to a particular post
and the inf ormation provided on a disclosure certificate will only be used for
recruitment purposes.
The C Media lt will ensure that an individual’s consent is given before
seeking a disclosure, and will seek their consent bef ore using disclosure information
for any purpose other than recruitment.
Disclosure inf ormation will only be shared with those authorised to see it in the
course of their duties.
Where additional disclosure inf ormation is provided to the C Media ltd
and not to the disclosure applicant, the C Media lt will not disclose this
inf ormation to the applicant, but can inf orm them, if asked that additional information
has been provided, should this information affect the recruitment decision, not actual
details of the additional information or where it was resourced.
Disclosure inf ormation will be stored in a locked non portable container, for a
maximum of 90 days. Only those authorised to see this information in the course of
their duties will have access to this container.
Disclosure inf ormation will be destroyed by shredding.
No image or photocopy of the Disclosure information may be retained. Recipients of
Disclosure inf ormation may, however, keep a record of the following:
Date of issue of disclosure
Name of subject
Disclosure type
Position for which disclosure was requested
Unique reference number of disclosure
Recruitment decision taken.
The C Media lt will ensure that all staff with access to disclosure
inf ormation are aware of this policy and have received relevant training and support.
The C Media lt undertake to make a copy of this policy available to
any applicant for a post with the C Media ltd that requires a disclosure.
If you intend to, or already are, registered with CRBS as an Intermediary
Organisation that acts on behalf of other, smaller groups, you should consider
inserting an additional paragraph to this policy e.g.
Before acting as an Intermediary Organisation (i.e. a body which processes
applications for Enhanced Disclosures on behalf of another organisation), C Media lt
will take all reasonable steps to ensure that the organisation on
whose behalf we are acting can comply with the Code of Practice, published by
Scottish Ministers under Section 122(1) of the Police Act 1997 Part V, and in full
accordance with this policy. We will also take all reasonable steps to satisfy
ourselves that they will handle, use, store, retain and dispose of Disclosure
inf ormation in full compliance with the Code of Practice, and in full accordance with
this policy. We will also ensure that any body or individual, at whose request
applications for Disclosures are countersigned, has such a written policy and, if
necessary, will provide a model policy f or that body or individual to use or adapt f or
this purpose.