Having a criminal record will not necessarily debar you from working with NHS Lothian. This will depend on the nature of the position, together with the circumstances and background of your offences or other information contained on a disclosure certificate, self declared or provided directly to us by a police force.
- NHS Lothian complies fully with the Code of Practice, issued by Scottish Ministers, in connection with the use of information provided to registered person, their nominees and other recipients of information by Disclosure Scotland under Part V of the Police Act 1997, for the purposes of assessing applicants’ suitability for employment purposes, voluntary positions, licensing and other relevant purposes. We undertake to treat all applicants for positions fairly and not to discriminate unfairly against the subject of a Police Act Disclosure (PAD) or a Protection of Vulnerable Groups (PVG) check on the basis of conviction or other relevant information revealed.
- This policy is made available to all disclosure applicants at the outset of the recruitment process.
- We are committed to equality of opportunity, to follow practices, and to providing a service which is free from unfair and unlawful discrimination. We ensure that no applicant or member of staff is subject to less favourable treatment on the grounds of gender, marital status, race colour, nationality, ethnic or national origins, age, sexual orientation, responsibilities for dependants, physical or mental disability, or offending background, or is disadvantaged by any condition which cannot be shown to be relevant to performance.
- NHS Lothian actively promotes equality of opportunity for all with the right mix of talent, skills and potential, and welcomes applicants from a wide range of candidates, including those with criminal records. The selection for interview will be based on skills, qualifications and experience.
- We will request a PAD or PVG Scheme check only where this is considered proportionate and relevant to the particular position. This will be based on a thorough risk assessment of that position and having considered the relevant legislation which determines whether or not a standard or enhanced disclosure, PVG Scheme adults, children or adults and children is available to the position in question. Where a Disclosure Scotland is deemed necessary for a post all applicants will be made aware at the initial recruitment stage that the position will be subject to a check and that NHS Lothian will request the individual being offered the position to undergo an appropriate check.
- When a PAD or PVG Scheme check is to form part of the recruitment process, NHS Lothian will encourage all candidates who are offered a position to provide details of offences which must always be disclosed and/or offences which are to be disclosed according to rules. It is important that you read this guidance before discussing the circumstance surrounding the conviction/s.
- When a post doesn’t require a PAD or PVG Scheme check then a self declaration form should be completed as part of the conditional offer of employment.
- We will undertake an open and measured discussion with candidates when a Disclosure Scotland certificate highlights convictions or other relevant information relevant for the position or when a self declaration form highlights convictions that must always be disclosed and/or offences which are to be disclosed according to rules. Failure to reveal information that is directly relevant to the position sought could lead to a withdrawal of an offer of employment.
- We undertake to discuss any matter revealed in a PAD, PVG Scheme record or self-declaration with the subject of the check before considering withdrawing a conditional offer of employment.
- We ensure that all those in NHS Lothian who are involved in the recruitment process have been suitably trained to identify and assess the relevance and circumstances of disclosed information. We also ensure that they have received appropriate guidance and training in the relevant legislation relating to employment of people with convictions (e.g. The Rehabilitation of Offenders Act 1974).
Frequently asked questions on PAD, PVG Scheme checks and self declarations
