As you know, under regulation, you are required to risk assess ANY Garda Vetting disclosure where there was a conviction, however minor. This risk assessment should be kept confidentially on the employee’s file if the person is employed. We now have a risk assessment form that we have added to our Employee Management Pack.
In carrying out this assessment, the following factors in addition to other relevant case specific concerns should be considered and documented in support of the recommendation to employ or not employ.
- The seriousness of the offence and its relevance to the safety of the children.
- The length of time since the offence occurred.
- The age of the applicant at the time.
- 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 drug treatment programme.
- Work history since the offence.
- Protecting the employee from situations that might cause difficulty e.g. allegations against them etc.
The risk assessment and the decision to employ or not to employ rests with the the employer.
