Are Disclosures Compulsory?
Part V of the Police Act 1997 does not make checks compulsory. However, other legislation, such as the Criminal Justice and Court Services Act 2000 and the Child Protection Act 1999, does make some checks compulsory and strongly recommends checks for other positions. Under these acts, it is a criminal offence for people with certain convictions to apply for and work with children and vulnerable adults. It is also an offence to knowingly offer work to such an individual. In defining “Working with Children” the legislation makes no distinction between paid or unpaid work. There are also other types of occupations and employment for which a check can be carried out and are contained within the Exceptions Order to the Rehabilitation of Offenders Act 1975 but are not compulsory. In these professions, as Disclosures are not compulsory, any employee is within their rights to refuse to provide one. When the law does not require a Disclosure but an employer would like all applicants to submit t
