HC Deb 24 July 1986 vol 102 cc398-9W
Mr. Cohen

asked the Secretary of State for the Home Department who is to decide whether a criminal record of a prospective employee who aims to work with children is relevant to the public sector job in question; whether the information passed will include details of any crime committed by that prospective employee; and what criteria are used to weed the information disclosed.

Mr. Mellor

One senior officer in each relevant local authority department will be responsible for requesting checks from the police and deciding the relevance of convictions to the appointment in question. The information supplied by the police will include, in addition to the full record of convictions, details of any recorded cautions or bind over orders, and, where readily accessible, cases recorded or detected where no proceedings were taken. The information disclosable will be weeded in accordance with the established criteria for weeding police records.

Mr. Cohen

asked the Secretary of State for the Home Department what discussions he has had with the Data Protection Registrar in relation to the order that gives local authorities access to police records of prospective employees who will work with children; whether that access will include data from criminal intelligence files of police forces; and if he will seek to ensure that police forces keep separate and complete records of the disclosure of information to the local authority.

Mr. Giles Shaw

The registration of police computer systems in accordance with the Data Protection Act is in a form which covers the disclosure of the police records of those seeking employment involving substantial access to children. The information supplied by the police will show details of convictions, recorded cautions, bind over orders, and, where readily accessible, cases recorded as detected where no proceedings were taken. It is for chief officers of police to make any arrangements they consider appropriate for the keeping of records of the disclosure of information in these circumstances.

Mr. Cohen

asked the Secretary of State for the Home Department if it is envisaged that a prospective employee who works with children will be told when the reason why he was not employed was the existence of a criminal record; and what appeals procedure he is establishing to resolve conflicts.

Mr. Mellor

Criminal record checks will be made only at the point when an applicant has otherwise been found acceptable for the post in question. Where convictions are revealed that have not been disclosed by the applicant, the senior nominated officer in the employing authority will be required to take up the discrepancy with the applicant and resolve any disagreement. The decision on employment will therefore be taken in the light of an agreed record.

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