Employers will assess any overseas information in conjunction with the disqualifying convictions list and associated guidance.
The lists of disqualifying criteria were drawn up by the Department for Transport (DfT), in consultation with the aviation industry and police.
Appealing against a disqualifying offence
If the results of a criminal records check (basic disclosure) prevent someone from receiving the required clearance then there are several options for appeal:
Appeal direct to the body that provided the disclosure certificate (Disclosure Scotland or Access NI) if the applicant believes that the convictions shown are not theirs or that the record is not theirs, or that the conviction shown should be spent.
Use existing company grievance procedures where an employer has decided not to forward an application to a security clearance issuer because it believes that the disclosure shows that the applicant has a disqualifying conviction.
In aviation, this includes where, as employer, you have decided not to forward an airport identification card application to the card issuer because you believe that the disclosure shows that the applicant has a disqualifying conviction.
Where there exists a separate security clearance or pass issuer, use appeals procedures operated by that issuer (in the regulated aviation sector this would be the airport manager). This should be handled by an independent appeals officer who is not connected with the original decision and has the authority to confirm or overrule the original decision.
Apply to the CAA for a ‘Certificate of disregard‘ if the applicant has a disqualifying conviction which they feel should be disregarded for the purposes of confirming a background check and issuing the necessary clearance (including a full airport identification card) for the specified role.
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