Dear mango1980-ga,
Before I start my answer, I must point out to you the disclaimer at
the bottom of this page.
There may be a criminal offence involved, but it is also possible that
the person was not required to disclose their previous convictions.
Under the Rehabilitation of Offenders Act, 1974, certain convictions
become ?spent? after a period of time for the purposes of job
applications. However, certain areas of work are exempt. These, and
the types of offences and sentences are fully detailed in the below
linked pages.
?Exceptions to the act
Just as all offences carrying a sentence of over two and a half years
in prison are never spent, some occupations require all convictions to
be declared, even if they are spent under the terms of the act. This
should be clear on application forms for such posts. People with
convictions can still apply for jobs within these areas of work,
although some areas will not be available to those with certain
convictions. The list of exceptions broadly covers:
* certain professions, eg, doctors, dentists, nurses, solicitors,
pharmacists and teachers;
* work in the health service where there is access to patients;
* work in social services where there is access to people with
disabilities, the young, the elderly, the sick or other vulnerable
adults;
* work where there is access to people under the age of 18;
* work involving the administration of justice, eg, court officials,
the police, probation officers, prison staff;
* any occupations requiring a licence, certificate or registration
from the gaming board;
* any occupation concerned with the management of a private hospital
or nursing home;
* certain occupations where national security may be at risk.?
http://www.prospects.ac.uk/cms/ShowPage/Home_page/Handling_discrimination/Offenders/Understanding_the_law/p!eXcedc
NACRO - 6 page guidance to the act.
http://www.nacro.org.uk/data/resources/nacro-2005020106.pdf
You state that the person is applying to work elderly person's home.
If this is a registered nursing home under The Care Homes Regulations
2001, then the Rehabilitation of Offenders Act, 1974 does not apply.
In any event, what ever job is applied for, any application form
should make it clear as to whether the Rehabilitation of Offenders Act
applies to that particular job.
Moving on now to if any offence is committed. If a job applicant does
not disclose unspent convictions when required to do so, they can be
dismissed on the grounds of deceiving the employer. A criminal
offence is also committed: obtaining property (wages) by deception or
a pecuniary advantage by deception. They have dishonestly deceived
the employer into believing they have no previous convictions; as a
consequence, the employer has made an employment decision without
being in full possession of all the facts. The applicant then goes on
to earn money from the employment. Prosecutions are occasionally
pursued in the courts for these offences. It is very unlikely any
attempt to obtain a job by deception would be prosecuted in the
courts. At the most, perhaps a police caution.
Theft Act 1968 - relevant sections.
15. Obtaining property by deception
(1) A person who by any deception dishonestly obtains property
belonging to another, with the intention of permanently depriving the
other of it, shall on conviction on indictment be liable to
imprisonment for a term not exceeding ten years.
16. Obtaining pecuniary advantage by deception
(1) A person who by any deception dishonestly obtains for himself or another any
pecuniary advantage shall on conviction on indictment be liable to
imprisonment for a term not exceeding five years.
[...] 2 (c) he is given the opportunity to earn remuneration or
greater remuneration in an office or employment, or to win money by
betting.
http://www.lawteacher.net/Criminal/Property%20Offences/TA%201968.pdf
These are some relevant sources.
?However, if job applicants do not disclose unspent convictions if
asked to do so, they may be found out, dismissed on the grounds of
having deceived the employer ? and possibly prosecuted.)?
NACRO - 6 page guidance to the act - referred to above
http://www.nacro.org.uk/data/resources/nacro-2005020106.pdf
This discussion document from the Registered Nursing Home Association
is very relevant to this matter.
?Employment in a care home or nursing home is exempt from the
protection offered by the Rehabilitation of Offenders Act (see
Appendix VI). As such, failing to disclose a previous conviction
would render the job applicant liable to prosecution for the offence
of Obtaining Pecuniary Advantage by Deception, contrary to the Theft
Act 1968. This offence is very serious, being classified as an
Arrestable Offence, and carries a penalty which is greater than any
penalty within the Care Standards Act 2000.?
http://cgi.www.rnha.co.uk/briefings/briefing_mp_doc.doc
The Care Homes Regulations 2001
Particularly Section 19.
http://www.opsi.gov.uk/si/si2001/20013965.htm
Care Standards Act 2000
http://www.opsi.gov.uk/acts/acts2000/20000014.htm
I hope this answers your question. If it does not, or the answer is
unclear, then please ask for clarification of this research before
rating the answer. I shall respond to the clarification request as
soon as I receive it.
Thank you
answerfinder
Search strategy
Personal knowledge as former police officer
Variations of criminal convictions(s), uk, employment, application,
Rehabilitation of Offenders Act, Care Homes Regulations |
