Disclosing information

Disclosing for work, volunteering or education

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Currently in Northern Ireland there is no legal requirement to disclose unless you have been asked to do so. The only exception to this is if there is a condition or requirement to disclose as part of your licence conditions. If an employer does not ask you for details about a criminal record on an application, then you do not have to voluntarily disclose.

Levels of Checks

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There are a number of types of checks that can be asked for. These are:

• Self-declaration – this is where you are asked to disclose details of your criminal record voluntarily, but no background check is carried out by the organisation/company applied for.
• Basic AccessNI - available to anyone who applies. Any company can ask you to supply a basic check, and this can cover any job. We have seen this apply to some retail jobs particularly those roles involving cash handling; many civil service positions may ask for this. This check will show all unspent convictions.
• Standard AccessNI– can only be applied for through the organisation you are applying to. Jobs that may require this are positions in such as taxi drivers, security posts that require an SIA licence and jobs in transport companies such as Translink locally. This can also apply to some professional occupations such as accountants. This check shows all spent, unspent convictions and cautions.
• Enhanced AccessNI - can only be applied for through the organisation you are applying to and is for roles considered to be in “Regulated Activity”. This can mean working with financial information, roles in the administration of justice and regulated professions. This covers all work in the health and social care area which includes any role working with children, people with disabilities and vulnerable adults – this may also entail a Barred List check in addition – see below.
• Enhanced AccessNI with Barred list - A barred list is a list currently held by the Disclosure and Barring Service (DBS) that provides details of individuals barred from working with children, vulnerable adults or the disabled. A check of the barred lists should only be undertaken if the role applied for is regarded as being in ‘regulated activity’. Your employer should be able to advise on this. ‘Regulated activity’ involves those positions required to have access to children or vulnerable adults, in defined circumstances. More information below.
• Security/ Counter Terrorism Checks – Any position that entail work in policing, prison or national security roles. Security services will have full access to your criminal records and may carry out further background checks.

See table below for what each category of certificate shows:

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What is the Barred List?

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The barred lists are designed to prevent people with unsuitable convictions from entering ‘regulated activity’– it is an offence to employ a person to work with children or vulnerable adults if they’ve been barred from doing so.

The DBS barred lists are maintained by the Disclosure and Barring Service. There are two of them – one is a list of people who have been barred from working with children, and the other is a list of people who have been barred from working with vulnerable adults.

If you are to be included on the Barred list, you will be informed by letter of this intended action. You may be given the opportunity to dispute your inclusion on these lists.

The barred lists allow the DBS to keep a record of people who aren’t permitted to engage in ‘regulated activity’ in the workplace with children and/or vulnerable adults to prevent those people from doing jobs they’re unsuitable for.  

Please note it is a criminal offence to apply for any role in “regulated activity” if you are already included on either of these lists.

Disclosing for Volunteering  

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If you intend to volunteer with any club or organisation on a voluntary basis and you will be in contact as part of that work with minors and/or vulnerable adult groups, you will be required to undergo an Enhanced AccessNI check to ensure adequate safeguarding arrangements are in place. This is a legal requirement and you should be prepared to disclose any and all items that are on your record regardless of them being considered spent or unspent.

We recommend writing a disclosure statement which allows you to give a full admission of what is on your record and the circumstances surrounding the offending behaviour. Your statement should be presented with your AccessNI certificate and will be considered by a safeguarding group who will assess your suitability for the role in the organisation.

Charities and other groups sometimes find it difficult to understand whether volunteers or employees require, or are eligible, for an AccessNI check.  

The purpose of the guides is to help those in the voluntary/community/charity sector to determine what type of check they can and should get, and in what circumstances they should do so.

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AccessNI checks: Working with adults or children in the charity and voluntary sector

Access NI checks for volunteers are free (subject to Access NI guidelines). Staff checks cost £33 (Enhanced Disclosures with or without Barred List Check).

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Disclosing for Education

If you are applying to study at a further education college or a university in Northern Ireland, you are asked to disclose unspent convictions so that the college can ensure adequate safeguarding for both yourself and other students. There are also courses that will require Enhanced AccessNI checks and these are mainly in sectors that are related to any regulated activity e.g. any courses in relation to health, working with children , and working with vulnerable adult groups. It will also apply to courses in relation to youth work too. These courses will require you to undergo an AccessNI enhanced check that will show everything on your criminal record.

Educational institutions have policies and procedures in how they assess and handle disclosures. Having a conviction will not automatically exclude you from these courses, but the college will have to assess your suitability. This is quite common and happens more than you would think.

We recommend writing a disclosure statement to enable you to give context to any items on your record. If you have any questions on this please contact us directly and we can advise you on next steps.

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Useful Links

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AccessNI Checks – Working with Adults in the voluntary sector

AccessNI Checks - Working with Children in the voluntary sector

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