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13. Checklist

There is no template for a perfect approach, but this checklist provides a reminder of things to consider.

The Checklist

We value the experiences of applicants with criminal records and communicate positively to and about them

We recognise students with criminal records as assets and we value and support their success
We understand students with criminal records are commonly drawn from other widening participation groups
We provide information for our staff about the intersections of disadvantage that can be present for those with criminal records

We understand and apply criminal records and data legislation

The questions we ask (when we ask them) are a targeted and proportionate means of achieving our purpose
We ask about criminal records only if – and when – necessary
When we do ask, we have defined the purpose of collecting criminal records. There is a clear and rational link between the purpose and asking
We have identified an Article 6 basis and Article 10 condition
We have provided clear guidance to data subjects explaining their rights, how we use their data, and how to make a complaint
We ensure all staff are aware of the specific considerations for processing criminal record data, throughout the study journey – not just for admissions

We have an accessible, detailed policy for people with criminal records

We have designed a policy specifically for applicants and students with criminal records
Our policy is clearly written and is publicly accessible on our website
The policy distinguishes between regulated and non-regulated courses
It explains to applicants what they are expected to disclose and when
Explains why we ask about criminal records (including how we comply with the GDPR and where to find further information about data protection)
Our policy gives information as to where applicants and students can go for specialist advice
Our other policies are up to date where they also concern criminal records

We support applicants to disclose safely and fairly when necessary

We understand that conversations about criminal records can be highly sensitive
We tell applicants clearly what, when and how they are expected to disclose
We recognise that disclosure legislation is complex, and that mistakes are easy to make
We understand the difference between conditions that affect participation on the course, and those that may affect access to other services at university – e.g. accommodation or careers

Our staff are trained and knowledgeable on criminal records

All staff who encounter criminal records regularly have received adequate training
We have resources available for all staff, explaining what our approach to criminal records is
Our decisions are made consistently, using a clear set of principles that any new staff member could pick up
It is clear to all in our institution who’s available for questions/concerns relating to criminal records
We have a public relations strategy that supports students, staff and the university

Access to regulated courses is fair and transparent

We have distinguished clearly between those courses that legally require a DBS check on entry, and those which may involve a check, but for which there are possible alternatives
We consider any available alternatives before rejecting applicants because of a criminal record
We have clear policies setting out what disclosure is required, and when and how information will be treated
Where a course links with a specific regulating body, we direct applicants to where they can find information on that body
Where specific placements are part of a course, we provide information on the different options available, including the criminal record polices of placement providers
We regularly review the policies of our placement providers and encourage inclusive practice
Where an applicant is rejected, they are provided with reasons in writing

We support students with criminal records to succeed in future

Our careers team communicates directly to students with criminal records
We signpost students to specialist services for people with criminal records
We have established whether internal development opportunities/placements have fair recruitment practices
We have identified which subjects in our institution are most likely to pose barriers to employment for graduates with criminal records
We have clearly designed our data protection procedures to ensure students with criminal records have a safe and confidential space to discuss their careers with us

We encourage students to be part of our community

We have considered the student journey after admissions, and how we can support success
We have assigned a named point of contact for applicants and students with criminal records (or a suitable alternative)
We communicate positively and openly about the experiences of those with criminal records

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