Why a criminal record shouldn’t be a dealbreaker
When hiring for the adult care sector, it is clear: you need compassionate, reliable, and dedicated employees who can provide excellent care to others. But what if someone has a criminal record?
Too often, employers dismiss candidates based on their past without considering their potential or how they have turned their life around since their conviction.
The real question should not be “What did they do?” but rather “Can this person do the job, and will they be a valuable member of the team?”. Instead of automatically ruling someone out, it is about balancing potential risk(s) with the relevance of their conviction to the role.
This is why a good risk assessment is so important.
Forget blanket bans – focus on the individual
Contrary to popular belief, having a previous conviction does not mean someone is automatically unable to work in the care sector. It is important to note that having a previous conviction does not mean someone is automatically unable to work in the care sector. Only people on the DBS barred list (for vulnerable adults) are not legally allowed to work in the adult care sector, so it’s up to your discretion and your internal risk assessment processes to make these decisions.
For everyone else, suitability should be assessed on a case-by-case basis. A person’s conviction should not define who they are today. Many have worked hard to turn their lives around, and in some cases, their experiences have given them a unique understanding and empathy that can make them even better suited for care roles.
It’s also important to consider the context of their conviction. For example, many women with criminal records have been victims before they were offenders, with a majority (60%) having experienced domestic abuse. Others have experienced homelessness, trauma, mental ill heath, or substance misuse which has fuelled their offending. Some made a single mistake – perhaps when they were younger – and have spent years trying to move past their conviction.
By automatically rejecting these individuals, you could be missing out on dedicated, hard-working employees who are eager to contribute to society. So, avoid automatic exclusion policies or ‘blanket bans’ of convictions and listen to the context behind their conviction so you can assess if there are any risks you may need to support with.
The importance of a thoughtful risk assessment
If a client discloses a conviction (either through a self-disclosure or a DBS check), it is imperative that you have a conversation with the candidate, rather than jumping to conclusions. If you have any concerns following this conversation, then you should conduct a risk assessment, giving the candidate a meaningful opportunity to address your concerns.
A good risk assessment involves gathering as much relevant information as possible. This could include a disclosure letter from the candidate, references, or a supporting statement from a probation officer, prison officer, or support worker if they have one. These sources provide a clearer picture of the individual’s current situation and how they have progressed since their conviction.
It is also important to assess the specific role they are applying for. For example, in the adult care sector you might ask yourself: “Will they be working in a residential care home, visiting patients in their own homes, or in an office-based role?” Different settings come with different levels of supervision and responsibility, which may influence your decision.
Employers should also consider whether the role could impact any licence conditions the person may have or if the role is related to their previous conviction in any way. The goal isn’t to ignore risk(s), but to understand them and determine how they can be managed.
Ultimately, it should give you and the candidate an opportunity to have an open and honest conversation about their suitability for the role.
Mitigating factors
The most important question is whether the offence is relevant to the role in question. If – and only if – the conviction is relevant, you should then consider the following potential mitigating factors:
- Was there anything else happening in their life at the time?
- Were there any mitigating factors (e.g. trauma, addiction issues, domestic abuse, loss of a loved one etc.)?
- How long ago did the offence(s) happen?
- Was the candidate a child/young person at the time?
- What was the nature and seriousness of the offence(s), and was it an isolated incident or a pattern?
- Has the candidate been given the chance to demonstrate the efforts they have made to address past issues, not reoffend, and make a change for the better (eg. have they completed training, sought support, or maintained steady employment since then)?
Next steps
Many people with convictions understand what it feels like to be judged and can bring a unique level of empathy and understanding to their work—qualities that are essential in the care sector. Their resilience, determination, and compassion can make them exceptional care workers.
A criminal record shouldn’t be an automatic dealbreaker. Instead, it ensures you can continue to hire the best people while keeping service users and staff safe. Having inclusive hiring processes, like the ones listed above, can help you balance risk with fairness, while recognising the potential of people with convictions.
Where to find support
- Hiring with Conviction – Working Chance
- Criminal record assessment template – Unlock
- Pre-employment checks risk assessment template – A Better Hiring toolkit
- Carrying out risk assessments – Nacro Employer Advice Service
- Free expert advice and support on risk assessments and dealing with safeguarding related conduct concerns – Dominic Headley & Associates
If you would like to hear more about any of the information in this blog, please do read Hiring with Conviction or reach out to us at info@workingchance.org.
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