Most relevant to colleagues in CRCs, Parent and Supply Chain Organisations
Frequently asked questions – vetting
The following FAQs are specifically about employee checks and security vetting. You can see the general FAQs here.
Vetting policy FAQs
Why are security vetting checks required for people in roles transferring from existing employers to the NPS?
The NPS needs to independently meet the legal requirements to ensure all staff have the right to work in the UK and meet the Civil Service Nationality rules. Access to systems and information when employed by the NPS is different to that which transferring staff currently access in their existing employer organisation. This means staff in roles which are transferring to the NPS, must be security vetted in line with the Civil Service’s and HMPPS’ security vetting policies.
What does the vetting policy include?
The vetting policy includes:
- Employment Checks i.e checking transferring staff have the right to work in the UK and that they meet the Civil Service Nationality rules.
- It also includes HMPPS Security Vetting which checks the background of individuals, including spent/unspent convictions, to ensure they are who they say they are and are suitable to work in HMPPS. Depending on your role you may be required to undertake further security vetting. For example, National Security Clearance vetting, including Developed Vetting, DBS checks and Counter Terrorism checks, is role specific and typically required by a relatively small percentage of roles / individuals. NPPV (also known as Visor Vetting) will also be required for those staff who need to access sensitive case information as part of their role.
What are the Civil Service Nationality rules and who do they apply to?
The Civil Service Nationality rules apply to all staff working in the Civil Service. These rules set out which individuals can work in the Civil Service. Full & further details can be found here https://www.gov.uk/government/publications/nationality-rules
Who has the right to work in the UK and what are the rules?
The Immigration, Asylum and Nationality act applies to all working in the UK and sets out the minimum requirement to work in the UK. Information about the checks and the documents required can be found here: https://www.gov.uk/government/publications/right-to-work-checks-employers-guide.
If an individual wants to check whether they have the right to work in the UK, and find out further information about the requirements, there is a useful self-check tool here: https://www.gov.uk/prove-right-to-work.
Who is required to undertake the Employment checks and Security Vetting process?
All staff transferring from current employer organisations will need to complete the employment checks and security vetting.
What happens if I don’t meet the Civil Service’s Nationality rules or right to work requirements?
If you think you might not meet these rules and/or requirements, it would be beneficial to identify yourself to your manager(s) at the earliest opportunity so we can work with your employer. We aim to work with current employers to support anyone in this situation by exploring other solutions available before transfer date. Staff who are unable to demonstrate they meet the Civil Service Nationality rules and/or demonstrate they have the right to work in the UK cannot be employed in the Civil Service.
What happens if I am on a sponsored working visa with my current employer?
If you are currently being sponsored by your organisation it would be beneficial to identify yourself to your manager(s) at the earliest opportunity so we can work with your employer. We aim to work with currently employers to put in place mechanisms, where possible, to continue to sponsor staff. You will still need to meet the CS Nationality rules.
Is it possible to be unsuccessful in the vetting process?
If there is information identified in an individual’s background that doesn’t meet HMPPS security standards, or if staff omit or fail to provide honest information during the vetting process, they will not receive immediate vetting clearance.
In the event where information has been fully declared and staff do not meet the minimum standard this does not automatically mean they can’t continue to work for NPS, HMPPS or wider MOJ. In these situations, decisions will be made by Regional Probation Directors on a case-by-case basis using individual risk assessments and case information.
Is the transfer of staff dependant on passing the security vetting process?
No, staff will transfer into the NPS irrespective of their security vetting status at the time of transfer.
My vetting with my current employer is due to expire before the transfer date. Do I have to renew it and undertake the NPS Employee Checks & Security Vetting as well?
Yes, as they are two separate processes and checks. HMPPS requires current employers to ensure their staff have up to date vetting. As a future employer, and as part of the transfer into the NPS, we need to undertake our own employee checks and vetting.
I don’t have a photo ID, what documents can I use?
Photographic ID is required during the process to evidence your identity. If you don’t have any form of ID please notify your manager who will escalate to NPS for further guidance specific to your individual circumstances.
Vetting process FAQs
Do these employee checks and security vetting arrangements apply to everyone?
These FAQs are specific to staff transferring into the NPS. Information about security vetting for staff who are not transferring to the NPS, for example those transferring to the Dynamic Framework, will be provided separately in due course.
How are the employment checks and security vetting completed?
Transferring staff are required to provide official documents, from a specified list, to evidence their nationality, address and identity. These documents are checked by a Vetting Contact Point (VCP) and details such as the type of document, the official document number (eg passport or driving licence number) will be recorded and used by SSCL to conduct the Employee Checks and Security Vetting checks. Original documents are not retained.
Your right to work in the UK and nationality are verified from the documents provided. Using the information provided, a check will be made of spent and unspent convictions. You will be asked to complete a racist groups declaration and a check will be made against records of previously excluded employees from HMPPS. Additional checks may be undertaken as deemed necessary for your role.
What further vetting requirements are there for staff handling more complex or higher risk cases?
Staff who will be required to manage MAPPA cases in the future will receive additional vetting checks, including Non-Police Personnel Vetting (NPPV). This will allow them to access the ViSOR system which contains sensitive information about service users. This vetting is informally known as ViSOR vetting.
When will ViSOR vetting be taking place?
ViSOR vetting will take place post-transfer. The exact date for the commencement of the ViSOR vetting process has not been confirmed yet.
How is ViSOR vetting different than security vetting?
The checks undertaken during the ViSOR vetting process are more extensive and extend to questions about your family members and those who you share a household with.
What if a member of my family or household has convictions, will that prevent me passing ViSOR vetting?
This does not mean that you will automatically fail ViSOR vetting. Information identified during the ViSOR vetting process will be considered individually.
I have already received security vetting and clearance from my current employer, so why do I need to be vetted again by the NPS?
The NPS needs to independently meet the legal requirements in respect of ensuring that all their staff have the right to work in the UK and that they meet the Civil Service Nationality rules. Access to systems and information when employed by the NPS is different to that which staff currently access in their existing employer organisation. This means that staff in roles which are transferring to the NPS must be security vetted in line with the Civil Service’s and HMPPS’ security vetting policies.
Will staff have to provide vetting documents twice, once for the employment checks and once for the Security vetting checks?
The NPS can usually complete the employment checks and the security vetting using one set of documents.
Do the NPS’ vetting policies take into account the different needs and experiences of transferring staff who may have lived experience or have spent/ unspent convictions?
We are currently looking at our Security policies and how they might apply to all transferring staff, including those who have lived service experience. We will ensure that consistent and appropriate policies and decisions are applied to all transferring staff and that individual circumstances are considered.
When will I be vetted and will all transferring staff be checked and vetted at the same time?
To help manage resources appropriately, vetting is likely to take place in smaller groups and will commence in early 2021, subject to current employer agreement. These groups will be based around your current employer and vetting will continue, on a rolling basis, through 2021.
Where will the employment and vetting checks take place?
The document inspections to support the employment and vetting checks usually take place at local NPS offices, places of work or other local venue. Due to the impact of Covid-19 and the implications of local lockdowns the initial document inspections will be conducted virtually. Photos/images of documents will need to be provided by email and further details regarding specific arrangements, including the email address to use, will be provided closer to the checks and vetting taking place.
The virtual document inspections will be followed, post transfer, by a physical inspect of the document with you on a face to face basis. Details of when and where this will take place will be provided closer to the transfer date and will be Covid-19 dependent
How will the employment checks and vetting be completed?
Staff whose roles are in scope for transfer into the NPS will be provided with guidance listing the acceptable documents which they will need to provide to evidence their name, address and nationality. These documents will be inspected by one of the HMPPS approved vetting contact points and the main information, such as document type, full and correct spelling of the individual’s name etc., will be securely recorded. Individuals will be then sent an email with a weblink directing them to a secure site to provide further detailed information about their personal circumstances and backgrounds.
Other vetting FAQs
If my convictions are spent, why does the NPS need to check them?
The security vetting process aims to understand the history of all staff the NPS employs along with any potential risk they may/may not present.
Due to the sensitivities of the work undertaken across the NPS, e.g. access to sensitive information and individuals, HMPPS needs to review and consider spent convictions when making risk-based decisions. This falls under the exemptions provisions in the Rehabilitation of Offenders Act (1974).
I have had convictions in my past. How might this affect my transfer to the NPS in my current role?
The transfer into NPS is not dependent on passing security vetting. The NPS recognises there are individuals with lived service experience who are fulfilling vital roles in the delivery of rehabilitative and probation services. Any staff who fail security vetting will need to be risk assessed with decisions on risk acceptability made by Regional Probation Directors. This will be done on a case by case basis with input, support and advice from the operational security group.
What happens if I don’t disclose any previous convictions?
Disclosing all previous spent and unspent convictions at the appropriate stage, when asked, is a vitally important part of the vetting process. If details of previous convictions are identified during the searches/checks, which have not been disclosed by the individual this may have an impact on the individual’s vetting outcome.
Do I have to provide my documents? What happens if I don’t engage with the employment checks and security vetting process?
All staff need to engage with this process to demonstrate that they have the right to work in the UK, that they meet the civil service nationality rules, and for the security vetting process to commence. This will include attending the vetting meeting(s) and completing the information online when sent the link. The NPS will work with current employers and transferring staff to provide sufficient opportunities for staff to provide the relevant documentation and information and will support staff if they are facing challenges with this. The process and individual data is being managed securely and confidentially; if staff find that it is difficult to provide information and/or documentation when requested, they must raise this with their manager at the earliest opportunity to enable the appropriate support to be identified.
Continual and persistent refusal to engage with the security vetting process post transfer could result in the application of the disciplinary policy.
What time will be required away from my day job for me to complete the NPS’ employment checks and security vetting process?
The support of all existing employers is appreciated to help the staff transfer process progress smoothly. To support this, the NPS will endeavour to keep disruption to a minimum. The process of providing documentation for review and/or inspection is expected to take between 10 to 15 minutes. Naturally, this would be increased if staff need to travel to a location which is not their usual work location to provide their documents to a VCP. The information that needs to be completed online should take, on average, less than 30 minutes.
When will transferring staff know the outcome of their NPS employment and vetting checks?
Ensuring that staff meet the legal requirements regarding nationality and right to work in the UK is our priority for Day 1 ( 26 June 2021) If it appears that, following the employment checks, staff do not meet the legal requirements, this will be discussed with individuals. The outcomes of the security vetting checks may be ‘held’ and communicated to staff at a later appropriate point. This will also allow time to consider the case of any staff who may be unsuccessful against minimum security vetting standards.
What happens if the security vetting outcome is not a clear ‘pass’?
If there is information identified in a background that doesn’t meet HMPPS minimum security standards, or if staff fail to provide information during the vetting process, they will not receive immediate vetting clearance.
With the former this does not automatically mean that staff can’t continue to work for NPS, HMPPS or wider MOJ. In these situations, each case will be individually reviewed, and risk assessed to identify the most appropriate action and outcome. Factors influencing this include: the ability to manage risk appropriately for the individual, the organisation and service users and other stakeholders; the role the individual is working in and the specific information identified during vetting.
These decisions will be made in a consistent, sensitive way with the input of the Regional Probation Director and the Approvals and Compliance team. If the risk identified is unacceptable or is unmanageable within the team and/or business area or agency, we will work with individuals to support them in redeployment and/or alternative employment options.
Is there an appeal process for vetting outcomes?
There is an appeal process if a member of staff receives an adverse vetting outcome. This will be provided to staff if they are notified of an unsuccessful vetting outcome and we will work with current employers and any affected staff to ensure that they are fully supported.
What support will be provided to staff whose roles are transitioning into the NPS?
Transferring staff should seek support from their current line manager and existing employer. Information will be provided by the NPS to support existing employers.
I am finding the vetting process extremely stressful. What support resources are available to me?
If you are finding this process difficult, in the first instance please speak with your line manager or your current HR support team/employee assistance point of contact.