Who can ask for a Disclosure?

February 13th, 2018 by Jonathan Bazely

An individual can request a Basic Disclosure on themselves for any purpose. The Disclosure will contain information on unspent convictions.

Standard and Enhanced Disclosures can only be requested by an individual or organisation that is eligible to ask an ‘exempted’ question about an individuals spent convictions. Organisations are allowed to ask this question when they are placing the applicant in a restricted role or where the organisation is endorsing the subject to work in a restricted role. It is essential that the organisation has the power to deny the role or endorsement to the subject if the Disclosure is not satisfactory. For employers this means they do not place the individual in the role. Endorsers must have a means of withholding their endorsement, which generally means they have to issue a document to those they do endorse (identity card or certificate), or publish (online) a list of currently endorsed individuals. Withholding endorsement is effected by not issuing the document or not listing the individual.

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