Responding to Disclosure of Criminal Offences

1. Introduction

Any criminal records check that discloses criminal offences must be referred to the Head of service for the specific area, such as Adoption and Fostering. The Head of Service will use the advisory time limits below in deciding whether the assessment should continue.

Any further information about convictions or cautions in relation to an approved foster carer or prospective adopter must also be referred to the Head of  service for fostering or adoption, who will decide whether an early review of approval should be arranged.

These time limits are advisory; if the applicant, or any adult member of her/his household, has been convicted or cautioned within these limits Birmingham Children's Trust will only consider approving them to foster or adopt if there are specific circumstances that indicate that any concerns may be set aside.

The list below sets time limits for various offences. These should be calculated from:

• If a custodial sentence was imposed, the date of release; or
• In the case of a driving offence in which the person lost his/her driving licence, the date of return of the licence; or
• The date of the conviction or caution.

2. Approval to Foster or Adopt Barred by Law

A person cannot be considered to be suitable to be a foster carer or prospective adopter if:

• S/he has been convicted of, or cautioned for a "specified offence"; or
• Any member of his/her household who is over the age of 18 has been convicted of, or cautioned for a "specified offence".

3. General Advisory Time Limits

Birmingham Children's Trust will not normally approve any person to foster or adopt if the applicant, or any member of his/her household, has been convicted of, or cautioned for, any offence in the last two years.

Birmingham Children's Trust will not normally approve any person to foster or adopt if the applicant, or any member of his/her household, has been convicted of, or cautioned for, a racially aggravated crime. This includes convictions and cautions before implementation of the Crime and Disorder Act 1998 where there is information about the circumstances which shows that the crime was racially aggravated.

4. Multiple Convictions

In any case in which the applicant, or any member of his/her household, has been convicted on more than 4 separate occasions and the most recent is less than 10 years ago, the application should not proceed unless the specific circumstances are particularly persuasive.

5. Sexual Offences

Birmingham Children's Trust will not normally approve any person to foster or adopt if the applicant, or any member of his/her household, has been convicted of, or cautioned for, indecent assault or gross indecency and:

• The conviction or caution was less than 5 years ago; or
• The person was convicted or cautioned on more than one occasion; or
• Violence was used in carrying out the offence; or
• It appears that violence was anticipated in planning the offence.

The ages of the victim and the offender at the time of the offence may be particularly significant.

Sexual activity with a child, sexual intercourse with a girl aged between 13 and 16, buggery with a child or young person and indecency with a child or young person are not "specified offences" if the offender was under the age of 20 at the time of the offence. Birmingham Children's Trust will not normally approve any person to foster or adopt if the applicant, or any member of the household, has been convicted or cautioned for such an offence within the last 10 years.

Birmingham Children's Trust will not normally approve any person to foster or adopt if the applicant, or any member of his/her household, has been convicted of, or cautioned for, living on the earnings of (male or female) prostitution:

• Within the last 10 years; or
• On more than one occasion.

Birmingham Children's Trust will not normally approve any person to foster or adopt if the applicant, or any member of his/her household, has been convicted of soliciting within the last 10 years.

6. Violent Offences

If any member of the household has been convicted of, or cautioned for, a violent offence, information that the victim was vulnerable through disability, age etc. will be regarded as an aggravating factor.

Birmingham Children's Trust will not normally approve any person to foster or adopt if the applicant (main carer) has been convicted of, or cautioned for:

• Manslaughter or murder;
• Causing grievous bodily harm (Section 20), or wounding with intent (Section 18) within the last 10 years; or
• Any violent offence within the last 5 years.

Birmingham Children's Trust will not normally approve any person to foster or adopt if any member of the household other than the applicant has been convicted of, or cautioned for:

• Manslaughter or murder;
• Causing grievous bodily harm (Section 20), or wounding with intent (Section 18) within the last 10 years;
• An assault on a child, committed while the offender was under the age of 18, within the last 5 years; or
• Common assault or causing actual bodily harm (Section 47) within the last 2 years.

7. Firearms Offences

Birmingham Children's Trust will not normally approve any person to foster or adopt if the applicant, or any member of the household, has been convicted of, or cautioned for, any firearms offence not mentioned above within the last 5 years.

8. Offences Related to Drugs

Birmingham Children's Trust will not normally approve any person to foster or adopt if the applicant (main carer) has been convicted of, or cautioned for, a drugs offence within the last 5 years.

Birmingham Children's Trust will not normally approve any person to foster or adopt if the applicant, or any member of the household, has been:

• Convicted of, or cautioned for, possession, possession with intent to supply, or supplying, a Class A drug (Note that supplying or offering to supply a Class A drug to a child is a specified offence).
• Imprisoned for supplying, or possession with intent to supply, a Class B drug;
• Given a community sentence for supplying, or possession with intent to supply, a Class B drug within the last 5 years;
• Cautioned for supplying, or possession with intent to supply, a Class B drug within the last 2 years; or
• Convicted of, or cautioned for, possession of a Class B drug within the last 2 years.

9. Offences Related to Drink

(For drink driving – see Section 11, Offences Related to Driving)

Birmingham Children's Trust will not normally approve any person to foster or adopt if the applicant, or any member of the household, has been convicted of an offence of drunkenness (for example drunk and disorderly) within the last 2 years, or if there have been more than three convictions in the last 5 years.

10. Offences Related to Cruelty to Animals

Birmingham Children's Trust will not normally approve any person to foster or adopt if the applicant, or any member of the household, has been convicted of an offence of cruelty to animals.

11. Offences Related to Driving

Birmingham Children's Trust will not normally approve any person to foster or adopt if the applicant was convicted of, or cautioned for, any of the following offences within the last 5 years:

• Driving whilst under the influence of drink or drugs;
• Careless driving;
• Dangerous driving; or
• Driving whilst disqualified.

If the applicant lost their licence, this time limit should be measured from its return.

Driving offences committed by other members of the applicant's household will be viewed in the same way if the person concerned is likely to transport children at some point in the future.

Persistent driving offences indicating an irresponsible attitude of mind will be regarded as an aggravating factor.

12. Criminal Damage, Arson

Birmingham Children's Trust will not normally approve any person to foster or adopt if the applicant, or any member of the household, was:

• Convicted of, or cautioned for, arson more than once;
• Convicted of, or cautioned for, arson with intent to endanger life;
• Imprisoned for causing criminal damage and released within the last 5 years;
• Convicted of, or cautioned for, arson within the last 5 years; or
• Convicted of, or cautioned for, causing criminal damage within the last 2 years.

13. Burglary, Robbery, Theft

Birmingham Children's Trust will not normally approve any person to foster or adopt if the applicant, or any member of the household, has been:

• Convicted of, or cautioned for, burglary with intent to commit rape;
• Convicted of, or cautioned for, aggravated burglary of domestic premises within the last 5 years; or
• Convicted of, or cautioned for, robbery within the last 5 years; or
• Convicted of, or cautioned for, burglary, theft, fraud or receiving within the last 2 years.