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| The following professions fall under The Exceptions Order in The Rehabilitation of Offenders Act 1974 (Exceptions order) 1975. Schedule 1, Articles 2(3), 3 and 4. |
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Excepted professions, offices, employments, work and occupations:
• Fostering
Foster carers share the responsibility for the child with a local authority and the child's parents.
Fostering is usually a temporary arrangement but, sometimes, foster care may be the plan until the child grows up. This long term or "permanent" fostering cannot provide the same legal security as adoption for either the child or the foster family, but it may be the right plan for some children.
• Adoption
A court will make an adoption order after the child has lived with the adopters for at least 13 weeks. This period does not start until the child is six weeks old, so no order is ever made before a child is 19 weeks old.
The court appoints a Reporting Officer, who checks that the birth parents understand what adoption is about and witnesses their agreement to the adoption order being made.
If the birth parents do not agree to adoption the court can still often make an adoption order but this takes longer. A Children's Guardian (in England and Wales) or acurator ad litem (in Scotland) will be appointed to look into the situation and advise on whether an adoption order should be made.
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Authority to ask an Exempted Question
Some occupations and positions are exempt from the provisions of the Rehabilitation of Offenders Act. These are generally positions of trust where there is a valid need to see a person's full criminal history in order to assess their suitability for a position. A request for a person to reveal their full criminal history in this situation is known as an 'exempted question'.
This question may be asked by, or on behalf of, an employer – such as an employment agency as defined by The Employment Agencies Act 1973 and The Conduct of Employment Agencies and Business Regulations 2002.
For these purposes, any question asked by or on behalf of any person, in the course of the duties of his office or employment, in order to assess the suitability:-
(i) of the person to whom the question relates for admission to any of the professions specified in Part I of Schedule 1 to this Order; or
(ii) of the person to whom the question relates for any office or employment specified in Part II of the said Schedule 1 or for any other work specified in paragraph 12 or 13 of Part II of the said Schedule 1; or
(iii) of the person to whom the question relates or of any other person to pursue any occupation specified in Part III of the said Schedule 1 or to pursue it subject to a particular condition or restriction; or
(iv) of the person to whom the question relates or of any other person to hold a licence, certificate or permit of a kind specified in Schedule 2 to this Order or to hold it subject to a particular condition or restriction,
where the person questioned is informed at the time the question is asked that, by virtue of this Order, spent convictions are to be disclosed;
PROCEEDINGS
This Schedule also covers proceedings in respect of a person’s admission to, or disciplinary proceedings against a member of, any profession specified in Part I of Schedule 1 to this Order.
This will form part of ‘Additional Information’ sent to the Organisation.
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