Declaration

Compliance Declaration & Agreement

I confirm that I am authorised to make this declaration on behalf of the Organisation. The Organisation agrees to comply with the obligations below in connection with every criminal record check or related service requested through Mayflower Disclosure Services Ltd (“Mayflower”).

1. Regulatory Compliance

The Organisation confirms that it has read and agrees to comply with the obligations set out in the DBS, Disclosure Scotland, and AccessNI Codes of Practice. 

The Organisation confirms that it maintains an appropriate written policy for the secure storage, handling, use, retention, and disposal of disclosure information, as well as a policy on the recruitment of ex-offenders.

2. Identity Verification

The Organisation must ensure that the identity of each applicant is verified before the relevant criminal record check is submitted, using a method and documents permitted by the applicable authority and the type of check requested.

Where identity verification is carried out manually, the Organisation must ensure that an authorised and appropriately trained representative:

• examines the applicant’s identity documents in accordance with the current requirements of the applicable authority, including the Disclosure and Barring Service (“DBS”), Disclosure Scotland or AccessNI, as applicable;
• takes reasonable steps, in accordance with the applicable authority’s requirements, to establish that the documents appear genuine, relate to the applicant and are consistent with the information provided in the application.
• records the documents examined, the date of verification, the name of the person who carried out the verification and any discrepancy or issue identified;
• The Organisation must not knowingly submit an application containing information that is false, misleading, incomplete or inconsistent; and
• retains the verification records for the period required by the applicable authority and applicable data-protection requirements.

Where the applicable authority permits remote or digital identity verification, the Organisation must use only a verification method and service that satisfies the applicable authority’s current requirements. The Organisation remains responsible for ensuring that the information returned by the digital verification service is accurate, complete and consistent with the application, and for retaining the relevant verification result or audit record.

The Organisation accepts responsibility for the identity verification it carries out or arranges, including the accuracy and completeness of the information and documents submitted to Mayflower. Mayflower may rely on information and documents supplied by or on behalf of the Organisation, subject to its right to request clarification, reject incomplete or inconsistent information, suspend processing, or take any action required by the relevant authority or applicable law.

Nothing in this section excludes or limits any liability that cannot lawfully be excluded or limited, or any liability arising from Mayflower’s own negligence, fraud, fraudulent misrepresentation or wilful misconduct.

The Organisation acknowledges that the applicable requirements may differ according to the authority, jurisdiction, check level and verification method. The Organisation agrees to comply with the current guidance, rules and requirements of the relevant authority, including the DBS, Disclosure Scotland or AccessNI, as applicable. 

3. Service Limitations & Liability

• Employment Decisions:  Mayflower does not make, recommend or influence employment, engagement, placement, promotion or barring decisions. The Organisation remains solely responsible for assessing the result of a check and making any decision relating to the applicant.
• Timelines:  Mayflower will use reasonable endeavours to process and forward information promptly after receipt, subject to receiving complete and accurate information and to the requirements, availability and processing times of the relevant authority and any third-party service provider. Mayflower is not responsible for delays outside its reasonable control.
• Accuracy:  A disclosure reflects information available to the issuing authority at the relevant time. It is not a guarantee that no further information exists and does not remain permanently current. The Organisation is responsible for determining whether and when a further check is required and for assessing the disclosure promptly and fairly in accordance with applicable law and its policies.
• Disputes: Any disputes regarding the accuracy of a disclosure must be resolved by the applicant directly with the issuing body; Mayflower will not enter into correspondence regarding such disputes.

4. Applicant Rights & Data Handling

The Organisation must ensure that it has a lawful basis for processing the applicant’s personal data and criminal-offence data, has provided any privacy information required by applicable data-protection law, and has obtained any applicant authorisation, declaration or consent required by the relevant authority or application process.

The Organisation must obtain express permission from all applicants before submission. The Organisation acknowledges that certificates or notifications provided by Mayflower will be stored in strict accordance with the relevant Code of Practice.

5. Specific Requirements for Standard/Enhanced & PVG Applications

Where applicable to the role, applicant and type of check, the Organisation confirms that it will:

• state in relevant advertisements and application materials that a criminal record check is required;
• explain that a criminal record will not automatically prevent appointment, subject to applicable law and the requirements of the role;
• ask any barred-list or regulated-activity question required by applicable law or the relevant authority, and record the question, response and date;
• inform applicants that the relevant Code of Practice is available and explain how they can obtain a copy; and
• apply only for a level and type of check for which the role and applicant are eligible.

6. Final Confirmation

The Organisation agrees to provide accurate and complete information reasonably required to establish that the role, applicant and requested check meet the eligibility requirements of the relevant authority.

The Organisation must comply with the applicable requirements in force when the relevant application is submitted. Mayflower may update this declaration where necessary to reflect changes in law, guidance, authority requirements or its service processes. Any updated version will apply to applications submitted after the stated effective date.

The Organisation confirms that it has read and understood the Mayflower Terms of Business and agrees that this declaration forms part of those Terms.