Criminal Record and DBS Policy

1. Purpose

Wellness Walks is committed to creating a safe, welcoming, inclusive environment for all participants and individuals fulfilling roles with us. In line with this, we adopt a clear policy on criminal records, DBS checks and suitability of volunteers, staff and freelancers. We believe in redemption, growth and the value of these roles being open to people with past convictions – but we also recognise the need to protect our participants and maintain trust.

2. Scope

This policy applies to all roles with Wellness Walks (e.g. volunteers, staff, freelancers). It covers:

Disclosure of criminal convictions/cautions by individuals or prospective appointees;
Use of DBS checks (where applicable) for roles;
Decision-making criteria for suitability, including historic convictions;
Review and record-keeping of decisions.

3. DBS Checks and Eligibility

Wellness Walks will assess each role — whether carried out by a volunteer, member of staff or freelancer — to determine whether a DBS check is required, and if so, at what level, in line with official guidance from the Disclosure and Barring Service.
Where roles do not involve regulated activity (e.g., delivering walks in public places, non-vulnerable group settings) the charity may require only a basic check – or none – depending on risk assessment.
For roles requiring work with children, vulnerable adults or unsupervised one-to-one contact, enhanced checks (and perhaps barred-list checks) may be required, as per DBS eligibility rules.
We will follow data-protection, confidentiality and safeguarding good practice in obtaining and storing DBS disclosures.

4. Disclosure by Individuals

All individuals must disclose any relevant unspent (and, where asked, spent) convictions/cautions when asked in the application form.
Individuals must consent to the DBS check if required for their role.
A failure to disclose when required may result in withdrawal of the role.

5. Decision-making: assessing convictions and suitability

When a conviction/caution is disclosed (or revealed by DBS), the following principles apply:
1. The nature of the offence: We will distinguish between offences that involve interpersonal harm (e.g., violence, harassment, sexual offences) and those that primarily involve non-interpersonal property crime (e.g., shoplifting) or other less risky offences.
2. How long ago the offence happened: We recognise that people can and do change. Historic offences, particularly from when a person was young, may carry less risk.
3. Age at conviction: Offences committed when under 18 may be treated differently (and often carry a shorter rehabilitation period) under the ROA.
4. Sentence type and custodial/non-custodial: Non-custodial sentences (e.g., conditional discharge) may indicate lower risk than custodial sentences.
5. Evidence of rehabilitation: We will consider the individual’s subsequent conduct, references, length of time since offence, engagement in positive activities, and whether there has been any repeat offending.
6. Risk relevance to the role: We will assess how relevant the offence is to the role’s duties, the type of contact with participants, and any supervision or vulnerability contexts.
7. Case-by-case basis: While we maintain general thresholds (see Section 6), the final decision will always be made on a case-by-case basis, by the Volunteer Coordinator (or designated Safeguarding Lead) in consultation with the Trustee Board when necessary.

6. General thresholds and exclusions

To provide clarity and consistency, the following are the default thresholds. They may be departed from if the circumstances justify it (see 5 above).

Excluded offences (automatic unsuitability): Individuals with convictions (adult or juvenile) for offences involving interpersonal violence, sexual offences, harassment/stalking, exploitation of vulnerable persons, hate-crime, or any offence which required a custodial sentence will not be accepted for roles involving unsupervised contact with participants.
Acceptable historic non-custodial offences: Individuals who committed non-custodial, non-interpersonal property offences (for example: shoplifting, theft of property, non-violent fraud) may be considered subject to the following minimum period elapsed since conviction/caution:
If offence committed when under 18: at least 10 years have elapsed since conviction/caution and the person has remained conviction-free since.
If offence committed when 18 or over: at least 15 years have elapsed and the person has remained conviction-free since.
These thresholds are guidance only. If the nature of the role is particularly sensitive (e.g., vulnerable adults; unsupervised one-to-one contact) higher thresholds may apply or acceptance may be refused.
Even if a conviction is spent (under ROA) and/or filtered from DBS, the charity may still ask about it (if the role is eligible) and consider it as part of our risk assessment

7. Individual already in role

If an individual obtains a new conviction or caution after commencing their role, they must inform the Volunteer Coordinator at the earliest opportunity. The organisation will assess suitability again in the light of new disclosure, using the same criteria as above.

8. Record-keeping and confidentiality

All disclosures and DBS certificates will be handled confidentially and stored securely. Only those with a legitimate “need to know” (Volunteer Coordinator, Safeguarding Lead, nominated Trustee) will have access. Records will be retained for a period in line with the organisation’s data-protection and retention policy (6 years after the individual leaves).

9. Review of policy

This policy will be reviewed annually, in line with the Wellness Walks Safeguarding Policy, or sooner if legislation or good-practice guidance changes. The Trustee Board delegates responsibility for implementation and monitoring to the Volunteer Coordinator and Safeguarding Lead.

10. Appeals / Additional information

Individuals who feel they have been unfairly refused may request a review of the decision by writing to the Trustees. We will offer them the opportunity to provide further evidence of rehabilitation or mitigating circumstances.

We may also take external advice (e.g., from a safeguarding specialist or DBS umbrella organisation) if required.