Department of Social Protection Sponsor Guidelines for Garda Vetting for Community Employment & Job Initiative
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Department of Social Protection Sponsor Guidelines for Garda Vetting for Community Employment & Job Initiative May 2014
Contents Section 1- Introduction to Garda Vetting....................................................................... 2 Section 2 – Glossary of Terminology/Frequently Asked Questions ............................. 3 Section 3 – Department of Social Protection Garda Vetting Policy .............................. 6 3.1 Garda Vetting Eligibility Criteria:.......................................................................... 6 3.2 Residency Abroad .................................................................................................. 7 Section 4 - Recruitment Process .................................................................................... 8 4.1 The Pre-Recruitment Process .......................................................................... 8 4.2 The Selection and Recruitment Process .......................................................... 8 Section 5 - The Garda Vetting Process .......................................................................... 9 5.1 Sponsoring Body Role in Garda Vetting for CE & JI ........................................ 9 5.2 Processing Garda Vetting Applications .............................................................. 10 5.3 Conducting the Disclosure Meeting ............................................................... 10 5.3.1 The Purpose of the Meeting .......................................................................... 11 5.4 Risk Assessment Guidance When Considering a Disclosure Meeting ........ 11 5.4.1 Risk Evaluation ............................................................................................. 12 5.4.3 Requests for Copies of Documents from Participants/Applicants ................... 13 Section 6 - Appeals and Disputes ................................................................................ 14 6.1 Disputes Concerning Information Supplied by GCVU .................................. 14 Section 7 - Data Management ...................................................................................... 14 7.1 - The Data Management Process and Policy ...................................................... 14 7.2 - Eight Principles/Rules of Data Protection (Data Protection Acts 1988 and 2003) ........................................................................................................................... 15 Appendices 1. Applicant Approval Letter 2. (Sample) Invitation to Disclosure Meeting Letter 3. (Sample) Disclosure Meeting Outcome Form 1
Section 1- Introduction to Garda Vetting The Department of Social Protection is committed to ensuring the protection of children and/or vulnerable adults. Participants who will come into contact with children and/or vulnerable adults through their work on an employment programme are subject to Garda vetting. The Garda Central Vetting Unit makes criminal history vetting disclosures to registered organisations in respect of, inter alia, prospective employees, volunteers, students on placement and trainees. Garda Vetting is not conducted for individual persons on a personal basis. The Garda Central Vetting Unit will only conduct Garda Vetting for organisations that have been registered with the Unit. Therefore the Sponsors of Community Employment or Job Initiative programmes should access the Garda vetting service via their affiliated /governing body or through another organisation registered with the Garda Central Vetting Unit. Volunteer Ireland and its 21 local affiliate Volunteer Centres are an example of such registered organisations and in 2014 were contracted by the Department of Social Protection to provide a Garda Vetting Service to CE/JI Sponsors. If you would like to avail of the Garda Vetting Service provided by Volunteer Ireland or your local Volunteer Centre you should contact them directly (see www.volunteer.ie for details). Equally, Sponsors of the CE/JI programme should feel free to obtain Garda Vetting Services from other organisations registered with the Garda Central Vetting Unit such as: Child Minding Ireland Gaelic Athletic Association (GAA) Barnardos Catholic Youth Care City of Dublin Youth Services Cara Cheshire St Michaels House St John of God Irish Preschool Playgroup Association (IPPA) Football Association of Ireland (FAI) Early Childhood Ireland Enable Ireland 2
Section 2 – Glossary of Terminology/Frequently Asked Questions Term Explanation Applicant An individual who applies to participate on an employment programme that is subject to Garda vetting. Children Persons under the age of 18 years, other than a person who is or has been married (The Childcare Act 1991, The Children’s Act 2001). Vulnerable “Vulnerable adult” means a person of 18 years and older who Adult is suffering from a physical, intellectual or mental impairment, whether through disability, injury, illness or age, which is of such a nature or degree as to render a person – a ward of court to be in residential accommodation to be in sheltered accommodation to require assistance in the conduct of his/her own affairs by a person other than a family member or another who lives with him/her in the same household unable to guard against neglect, abuse or exploitation” Garda Vetting Bureau Bill 2011 In the main the term ‘vulnerable adult’ refers to: Elderly people; and people with disabilities who meet the above definition of a vulnerable adult. Sponsor The Sponsoring Body responsible for managing the local CE/JI programme. Sponsor Garda An individual nominated by the CE/JI Sponsor Organisation Vetting Officer to manage its Garda Vetting process. This nominee will be a (SGVO) director/officer of the organisation and not the Supervisor or Assistant Supervisor. 3
Who is subject Garda vetting applies to Supervisors, Assistant Supervisors to Garda Vetting? and all individuals who apply for, or are already participating on, relevant programmes and who, as part of their respective programme, will have contact with children and/or vulnerable adults. How long is Garda Garda vetting, once completed, is relevant for: Vetting relevant The programme originally applied for; for? The duration of participation on the programme or for three years, whichever is the shorter; The Sponsoring Body, at their own discretion, can request a participant to be re-vetted at any time during the participants’ tenure on their scheme. Section 258 The GCVU will not disclose any details of offences to which (Convictions Section 258 applies. These are: before the age Where an offence was committed when the applicant of 18 years) was under 18 years of age; Where more than 3 years have elapsed since the conviction; and Where the applicant did not re-offend within those three years; and Where the offence was of such a type that it was not required to be tried by the Central Criminal Court. When completing the Garda Vetting Application Form, the applicant is not obliged to self-disclose any offences to which Section 258 applies. Note: If the offence is of such a type that it was or could have been tried in the Central Criminal Court, it will remain ‘on record’ and will be disclosed by the GCVU. This includes the more serious range of offences such as murder, attempted murder, rape and sexual assault. Vetting Application and Declaration Forms. (Will be provided by Documents the registered organisation/ Governing Body). 4
In all cases Irish and Northern Irish addresses declared by What countries the applicant(s) will be checked by the Garda Central are covered by Vetting Unit. Garda vetting? In some cases, relevant information is available from other countries and in these cases the GCVU will check this. Registered The GCVU will only accept applications for Garda vetting Organisation from organisations that are registered with them for the purpose of Garda vetting. Therefore the onus is on each Sponsoring Body to link up with a relevant registered, affiliated or Governing Body. These registered, affiliated or Governing Bodies will have their own Authorised Signatory/s. Volunteer Ireland and its affiliate Volunteer Centres are all registered organisations with the Garda Central Vetting Unit and have an Authorised Signatory on staff. Authorised An Authorised Signatory is a selected and trained staff Signatory (AS) member in the registered organisation who acts as a liaison between the employment programme and the GCVU. Following training by the GCVU, the AS is issued with a registered number for use on all Garda Vetting application forms. Garda Vetting applications will not be processed if submitted to the GCVU by any party other than the registered Authorised Signatory. Garda Central The Garda Central Vetting Unit is based in Thurles, Co. Vetting Unit Tipperary. Its function is to conduct Garda Vetting and (GCVU) issue a Garda Vetting Disclosure to the Registered Organisation which submitted the application(s). Only organisations registered with the Garda Central Vetting Unit may apply for Garda Vetting on behalf of their employees, volunteers or students. 5
Section 3 – Department of Social Protection Garda Vetting Policy The Department of Social Protection is committed to best practice in recruitment and selection procedures for its employment programmes which includes Garda vetting. Approval to work, or train to work, with children and/or vulnerable adults is granted upon successful completion of the recruitment and selection process which includes appropriate vetting checks with the Garda Central Vetting Unit. No individual may work or train with children and/or vulnerable adults pending the outcome of the Garda vetting process. It is recommended that an individual from the Sponsoring Body be nominated to support the Sponsoring Body to manage the Garda Vetting process, to be called the ‘Sponsor Garda Vetting Officer’. Participation on relevant employment programmes is subject to a satisfactory outcome from the Garda Vetting process. The employment decision, following receipt of information from the GCVU, is a matter for the Employment Programmes’ Sponsoring Body. Garda vetting applies to new applicants for relevant posts. Those in current posts must undergo Garda vetting every three years. (Exceptions to this three year rule can only be made where the participants’ extension is for three months or under, i. e. where the Garda Vetting process will take longer than his/her extension.) Those involved in the vetting process must operate strictly within the guidelines set out in these procedures. Accordingly any decision made in relation to the vetting process must conform to these procedures. 3.1 Garda Vetting Eligibility Criteria: Individuals who have been prosecuted or convicted in respect of the following offences are not eligible to participate in posts where Garda Vetting is required: The individual has been prosecuted or has a conviction for a sexual offence; The individual has been prosecuted, or has a conviction for, an offence that relates to the ill treatment or neglect of children or vulnerable adults; The individual has been prosecuted, or has a conviction for, the ownership, production, possession or distribution of child pornography. In addition, offences of the following type will be considered on a case-by-case basis regarding eligibility for programmes requiring Garda Vetting: Offences against the person, e.g. assault, harassment, coercion; Breaches in trust, e.g. fraud, theft, larceny; Offences against property e.g. arson, armed robbery; 6
Drug related charges or convictions (particularly relating to possession for sale or supply); Domestic violence; Offences against the State. (Exemptions in place for those released under the terms of the Good Friday Agreement). Individuals precluded from certain posts because of previous offences should be referred back to the Employment Services/LES/Intreo Office who initiated the referral in the first instance. The decision on suitability of an applicant, following receipt of information from the GCVU, is a matter for the Sponsor. However, where the Sponsor feels they need to consult with someone on this decision they should contact the Department of Social Protection. 3.2 Residency Abroad Individuals who lived outside the island of Ireland for one year or more, continuously, since the age of 16 years, are required to submit the following documents to the Sponsoring Body- Original Police Certificate/s from the country or countries of residence abroad with authentic translation where necessary. In the case of the United States of America, only FBI clearance will be accepted. State clearance is not sufficient. 2 recent Irish references from acceptable sources. (Please note that in relation to residency abroad; Sponsors are advised to be aware of HSE policy/regulations regarding international vetting and working with children). Where police certificates cannot be supplied, applicants should submit evidence of efforts to obtain such certificates to the Sponsoring Body. The Sponsor should copy all international paperwork and return original documents to the applicant. Employment decision making on disclosures on foreign police certs must be treated to the same process as decision on domestic (Garda) disclosures. Persons who have served their Country abroad in the defence forces cannot be internationally vetted for those countries. It is recommended to view the discharge papers of this client category. An individual cannot work or train with children and/or vulnerable adults unless they have been Garda vetted. 7
Section 4 - Recruitment Process 4.1 The Pre-Recruitment Process 4.1.1 Vacancy Approval When a Sponsoring Body needs to fill a CE post the Sponsoring Body must complete the Schemes Vacancy Form, including the sections relating to Garda vetting. [The requirement for Garda vetting for a post is identified by the Sponsoring Body when completing the Schemes Vacancy Form at Application or Renewal stage.] 4.1.2 What Posts are subject to Garda Vetting? In line with best practice all posts that provide access to or contact with children and/or vulnerable adults require Garda vetting. 4.2 The Selection and Recruitment Process 4.2.1 Early Recruitment Garda Vetting can take 3 months or longer from the date that all correct paperwork is submitted to the Garda Central Vetting Unit. Selection and recruitment for programmes and schemes involving Garda Vetting should commence as early as possible to minimize the effects of delays. 4.2.2 Fair Processing and Prior Notification All approved CE posts will be advertised on the Department of Social Protection Jobs Ireland website. If Garda vetting is required it will be stated on the advertisement. 8
Section 5 - The Garda Vetting Process This process refers to the vetting of new and/or the re-vetting of existing participants and staff for relevant CE and JI posts (including Supervisors and Assistant Supervisors). 5.1 Sponsoring Body Role in Garda Vetting for CE & JI The CE Sponsoring Bodies’ must nominate a Director/Officer of the Sponsoring Body to be the Sponsor Garda Vetting Officer to manage the Garda vetting process. The Sponsoring Body will ensure data management is in accordance with Data Protection requirements. All Garda Vetting documentation must be kept in a secure and private location in a locked cabinet. The Sponsoring Body must determine, on the Schemes Vacancy Form, what posts are subject to Garda Vetting. The Sponsoring Body must ensure that recruitment of all relevant CE Supervisors/Assistant Supervisors and participants on relevant schemes includes Garda vetting. The Sponsoring Body must ensure that existing CE Supervisors/Assistant Supervisors and participants for relevant schemes undergo Garda vetting every three years. The Department of Social Protection will require written confirmation; by means of the ‘Applicant Approval Letter’ from the Sponsoring Body, (See appendices – Letter 1) addressed to the relevant Community Development Officer, that Garda vetting has been completed prior to the participant starting on the scheme. Garda vetting once complete will be deemed relevant for: The duration of participation on the programme or for three years, whichever is the shorter; The Sponsoring Body, (the employer) at their discretion, can update Garda vetting at any time. Where a participant transfers to or applies for another programme that requires Garda vetting, it will be necessary to reapply for Garda vetting under that new programme. CE Applicants should only be required to complete and submit Garda Vetting Application forms under the following circumstances: Their eligibility has been checked; They have been selected for the post pending a successful outcome from Garda vetting Or they’re Garda vetting is due for renewal. (Every 3 Years) 9
5.2 Processing Garda Vetting Applications Garda Vetting applications will be administrated by the Sponsoring Body or through its Sponsoring Body’s Sponsor Garda Vetting Officer. The applications will be processed through an organisation registered with the Garda Vetting Unit. Sponsoring Bodies who are affiliated to, or who are themselves a national representative organisation for their sector (including national sporting organisations), e.g. Childcare, Older People, Youth, People with Disabilities, should obtain Garda vetting information through these national representative organisations. – e.g. the NYCI, Barnardos, the NCNA or Early Childhood Ireland, Catholic Youth Care, South Dublin Voluntary Group, GAA etc. Sponsoring Bodies must notify the Department of Social Protection when the Garda Vetting process is completed for every applicant. This is done by completing the ‘Applicant Approval Letter’ from Sponsoring Body confirming that the Garda Vetting process was completed and a suitable post was offered to the applicant and forwarding it to the Community Development Officer only. 5.2.1 Offence Information Disclosed: Where disclosure information regarding an applicant’s offence history is returned by the GCVU, the Sponsor Garda Vetting Officer, (not the CE Supervisor) will evaluate the seriousness and relevance of the offence (see 5.4 and 5.4.1) to decide whether a Disclosure Meeting with the applicant is required. 5.3 Conducting the Disclosure Meeting Upon receiving disclosures of concern, the Sponsor will invite the applicant to the meeting using an Invitation to Disclosure Meeting Letter. (See appendices – (Sample) letter 2) The meeting should be arranged as soon as possible with the Sponsor Garda Vetting Officer and another member of the Sponsoring Body in attendance. The two parties should meet prior to meeting the applicant to review disclosure information. No disclosure information should be copied or circulated in advance of a meeting. An applicant’s identity should be verified at the commencement of a meeting to discuss disclosures, so as to ensure confidential information is not unwittingly discussed with the wrong person. Applicants who are under 18 should be accompanied by the Parent or Guardian who signed Garda Vetting Parent/Guardian Consent Form. 10
5.3.1 The Purpose of the Meeting The purpose of the meeting is to: Confirm with the applicant the accuracy of the information supplied by the GCVU; Discuss with the applicant their suitability for the programme given their Garda record, and the career implications of this record for this type of work considering that employers will also receive Garda Vetting information in the future. In the case of non-disclosure by the applicant (i.e. the disclosure has been made by the Garda Central Vetting Unit only), explore if the client was wilful in the omission of the offence information from the Garda Vetting Application form. Decide if the applicant is suitable for the position or whether they should be referred back to DSP Employment Services to undertake an alternative option. 5.4 Risk Assessment Guidance When Considering a Disclosure Meeting Risk should be assessed for a specific programme in relation to any offence history and the individual rated in terms of the risk due to the disclosed offence. In some cases, the relationship between the offence and the type of programme will be clear enough to decide easily on the suitability of the applicant for the programme, examples include: Offences concerned with fraud, larceny and theft, etc. are crimes of deception, involving breaches of trust and may be a behavioural indicator; Offences against the person, e.g. assault, harassment, coercion and offences against property e.g. arson, armed robbery and even domestic violence indicate degrees of violent behaviour, anger management issues, etc. Drug related prosecutions and convictions (specifically possession for sale or supply) would cause concern in respect of working in a medical environment and/or working with children and vulnerable adults. Offences against the State – specifically violent actions against people. Risk assessment considers the individual, the offence(s) and the specific outcomes or purpose of the programme. The risk will be assessed by the relevant Sponsoring Body’s/Sponsor Garda Vetting Officer. In carrying out this assessment, a number of factors should be considered and documented in support of a recommendation for an individual to either stay on the current programme or transfer to a more suitable one. 11
5.4.1 Risk Evaluation It is not necessary to hold a disclosure meeting for every minor disclosure. The following checklist and questions should be taken into consideration in determining the suitability of a participant to a relevant programme where Garda information has been returned: The seriousness of the offence and its relevance to the safety of children or vulnerable adults; The length of time since the offence occurred; The age of the applicant at the time of the offence; Whether the offence was a one-off, or part of a history of offending; Whether the applicant’s circumstances have changed, since the offence was committed, making re-offending less likely; The degree of remorse, or otherwise, expressed by the applicant and their motivation to change; The sentence imposed in relation to the offence; Whether the applicant has undertaken any kind of rehabilitation relating to the offence they committed e.g. anger management or participation on a drug treatment programme; Work history since the offence; Protecting the applicant from situations that might cause difficulty, e.g. allegations against them; The relationship between the offence and the type of training/placement; Whether the applicant self-disclosed the offence; Whether the offence resulted in a conviction/fine or not. It is also useful to consider the following questions: Does the programme involve one-to-one contact with children or vulnerable adults? What level of supervision will the individual receive? Will the nature of the training/placement present any realistic opportunity for the individual to re-offend? Does the programme involve direct contact with members of the public? Will the applicant be working or training as part of a team or unsupervised for periods? 5.4.2 Disclosure Meeting Outcomes The outcome of the meeting should be agreed, documented and signed by the 3 parties present (Applicant, Sponsor and Sponsor Garda Vetting Officer) using the ‘Disclosure Meeting Outcome Form’. (See appendices - 3 (Sample) Disclosure Meeting with Applicant Outcome Form). If so decided; the specific reasons for the client not commencing or continuing on the programme should not be discussed or disclosed with anybody other than that the applicant does not meet the eligibility criteria. 12
Where the applicant is deemed unsuitable or ineligible, they should be referred back to the Department of Social Protection Employment Services Officer for guidance and advice; The Sponsor Garda Vetting Officer or Sponsoring Body may consult with the Department of Social Protection Community Services Manager, if required. 5.4.3 Requests for Copies of Documents from Participants/Applicants Occasionally, requests are received from participants/applicants, past and present, or from unsuccessful applicants, for their original documentation, or copies of their documentation. The Sponsoring Body will hold all participants original documentation (except for Garda Vetting information, international police certificates and references) for three years or for a participant’s duration on the scheme; whichever is shorter. The paperwork of unsuccessful applicants (except for international police certificates and references) should be shredded by the Sponsor Garda Vetting Officer, immediately upon notification by the Sponsoring Body of an unsuccessful application, or of a termination of a participant as per data protection requirements. Participants/applicants are only entitled to copies of their documents upon request. These documents will be clearly identified as a copy by the Sponsor Garda Vetting Officer. 13
Section 6 - Appeals and Disputes 6.1 Disputes Concerning Information Supplied by GCVU Where an applicant disputes the accuracy of the disclosures received from the GCVU, the applicant must indicate this immediately to the Sponsoring Body. In this instance the following actions are to be taken: A written appeal by the applicant should then be forwarded to the authorised signatory of the registered organisation by the Sponsoring Body for processing to the GCVU on behalf of the client; If the applicant made an error completing the original Garda Vetting Application Form, the applicant should complete a new form and submit both the original and new form together. All documents should be sent to the registered organisation’s authorised signatory. The Authorised Signatory of the relevant registered organisation can take the following actions: Re-submit the original Garda Vetting Application form to the GCVU for a re-check with a covering report outlining the basis of the dispute as indicated by the applicant. OR In the case of an error on the original form, both forms should be submitted with the request for a re-check. Results of the re-check by the GCVU will be returned via the Authorised Signatory of the relevant registered organisation. If, following a re-check, the applicant still disputes the data, arrangements will be made by the GCVU for further identification procedures to be implemented e.g., fingerprinting so as to resolve the dispute. Pending the outcome of a dispute or appeal process the person may not work on a CE programme where they will come into contact with children or vulnerable adults. The applicant should temporarily transfer to another programme or take paid leave until the dispute/appeal process is complete. Section 7 - Data Management 7.1 - The Data Management Process and Policy All information received from the applicant and GCVU will be treated in strictest confidence and the rules of Data Protection will apply. Security of the data will be of the utmost importance. Application Forms must be processed in a secure and private environment. 14
The information contained in the forms or the disclosures must not be discussed on the telephone or in an open office with anyone, nor should any specific information be passed via e-mail. When not actively being worked on; all application forms and associated documents should be retained in a locked filing cabinet which can only be accessed by authorised persons. Anyone on the Sponsoring Body handling offence history information should be aware of Data Protection requirements. 7.2 - Eight Principles/Rules of Data Protection (Data Protection Acts 1988 and 2003) The Data Protection Commissioner has identified eight fundamental rules of data protection and presents them in user friendly format as follows: 1. Obtain and process information fairly. 2. Keep only for one or more specified and lawful purposes. 3. Process only in ways compatible with the purposes for which it was given initially. 4. Keep it safe and secure. 5. Keep it accurate and up to date. 6. Ensure that it is adequate, relevant and not excessive. 7. Retain it no longer than is necessary for the specified purpose(s). 8. Give a copy of his/her personal data to any individual on request 15
Applicant Approval Letter (From Sponsor to DSP) Sponsor Name: Sponsor Address: Project Number: To: Name of Community Development Officer Address of Community Development Officer Date: Re: Applicant Approval Letter for CE/JI Applicant for - Applicant Name: The Garda vetting process, including international vetting, has now been completed in respect of the above applicant and arising out of that vetting process, we can confirm that the applicant is to start on the programme on Date: All Irish and Northern Irish addresses declared by the applicant have been checked by the Garda Central Vetting Unit and international paperwork noted. The Garda vetting process was undertaken by the following registered vetting organisation Name of organisation: Yours sincerely, ----------------------------------------------------- Sponsor/ Sponsor Garda Vetting Officer 16
(Sample) Invitation to Applicant to Disclosure Meeting Letter STRICTLY PRIVATE AND CONFIDENTIAL Date: To: Applicant Name: Applicant Address: From: Sponsor Name: (Contact Details) Garda Vetting for: (Community Employment/JI) Dear (insert Applicant title and Surname) I refer to your Garda Vetting Application for (insert position). As participation is subject to a positive outcome from the Garda Central Vetting Unit, a meeting has been arranged to discuss information disclosed by the Garda Central Vetting Unit on (insert date) (insert Location) The meeting will be attended by 2 Sponsor staff/Board members one of which is the Sponsor Garda Vetting Officer (insert name) and the other (insert name). The purpose of the meeting is to discuss the suitability of the programme for you, or possibly, alternate supports from DSP Employment Programmes. Please contact me to confirm your attendance as noted above or to re-arrange your appointment time. Please bring to this meeting confirmation of identity in the form of photo identification e.g. passport or driving licence. Please also bring this letter with you for signing below. Yours sincerely, _____________________________ Sponsor I understand that this meeting is being attended by the Sponsor’s GV Officer and an additional Sponsor staff/Board member and that information disclosed by me or returned by the Garda Central Vetting Unit is being discussed. Applicant Signature: ___________________________Date: ______________ 17
(Sample) Sponsor Disclosure Meeting Outcome Form Garda Vetting Batch Ref. Ref. No. Programme Programme Name: Ref. No. Venue: Attendees at Meeting on (insert date): Sponsor Name: Sponsor Garda Vetting Officer Name: Applicant Name: Applicant ID Confirmed by Passport /Driving Licence /Other): Yes No Applicant Date of Birth Checked: Yes No Applicant Address on Disclosure Form Confirmed: Yes No RECOMMENDATION/DECISION Applicant is starting on the CE Scheme Applicant is NOT starting on the CE Scheme: This is a true and accurate account of the meeting between the three parties undersigned which took place today, _____/_____/_____ (dd/mm/yyyy) Applicant Signature: Sponsor Signature: Sponsor Garda Vetting Officer Signature:
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