University accommodation criminal convictions guidance and procedure

1.1 This guidance and procedure covers an application/offer for University accommodation only.

1.2 Cardiff University accepts that there is a robust, evidence-based criminal justice system and that it is the role and responsibility of the Criminal Justice Service to determine an individual’s suitability for integration within the wider society.  However, the University must also form its view as to the suitability of a prospective student/student to stay in University accommodation.

1.3 As part of the University accommodation offer/contract acceptance process, we will require you to confirm you do not have a relevant unspent criminal conviction where there are restrictions in place which may preclude you from living in University accommodation before you accept an offer/contract.

1.4 Relevant unspent criminal convictions are as follows (or comparable offences that resulted in a conviction from a legal system overseas):

• Any convictions for violence including (but not limited to) threatening behaviour, offences concerning the intention to harm or offences which resulted in actual bodily harm
• Offences listed in the Sex Offences Act 2003
• The unlawful supply of controlled drugs or substances where the conviction concerns commercial drug dealing or trafficking
• Offences involving firearms
• Offences involving arson
• Offences listed in the Terrorism Act 2006

1.5 If you do have a relevant unspent criminal conviction with restrictions in place which may preclude you from living in University accommodation, we require you to disclose further information, for consideration, before you accept an offer/contract for University accommodation.

1.6 Requesting this information allows the University to review each relevant accommodation application/offer on a case-by-case basis by its duty of care to students and staff and to demonstrate all reasonable and proportionate steps are taken to meet that duty.

1.7 Information on your relevant unspent criminal conviction will only be disclosed by the Residences Team to an Accommodation Review Panel.  Following the Panel, if you subsequently stay in University accommodation, or not, the information relating to the accommodation application/contract will be held by the Residences Team for the duration of the relevant contract period plus one academic year.

1.8 Our legal basis to process criminal convictions data under Article 6 of the UK GDPR is that it forms part of our public task, and our Schedule 1 condition under the Data Protection Act 2018 for processing data relating to criminal convictions and offences in paragraph 11 “protecting the public against dishonesty, malpractice or other seriously improper conduct” and paragraph 18 “safeguarding of children/individuals as risk”.

2.1 You will be sent an email telling you that your application has been processed and asking you to view and accept your room offer online.

2.2 Before accepting an offer/contract for accommodation, you need to provide information regarding any relevant unspent criminal conviction where restrictions may preclude you from living in University accommodation.  Details as below should be sent to the Residences Team as soon as possible:

• Your full name
• Your UCAS Personal I.D. or Cardiff University student number
• Details of any relevant unspent criminal conviction as appropriate, including copies of any documents listing current restrictions and/or licence conditions
• Probation Officer and/or police contact, where relevant, with your permission to contact them to discuss the restrictions.
• An Enhanced with Barred Lists DBS check
• Any other information you wish to provide (see below about information the Accommodation Review Panel will take into consideration)

2.3 The information provided will be dealt with confidentially and will only be shared with the Accommodation Review Panel (the Panel) for review.  The Panel will be asked to delete the information provided after the meeting to review, noting the Residences Team holding of information as per 1.7.

2.4 The role of the Panel is to determine whether you would (based on the information provided) be able to appropriately stay in University accommodation and/or to determine whether the University can satisfactorily discharge its safeguarding duties in offering you University accommodation.

2.5 Your application for/offer for University accommodation will be referred to the Panel once we have received all supporting information from you, specifically the Enhanced with Barred Lists DBS check.

2.6 Where the Criminal Justice Service has put in place safeguards and/or restrictions and/or licence conditions that will, in practice, fully prevent you from appropriately staying in University accommodation, then Cardiff University reserves the right not to make/withdraw an offer for accommodation.

2.7 You should not accept a room offer/contract until the Panel has confirmed that the offer/contract for University accommodation can continue to be made.

2.8 Where there is not sufficient time to convene the Panel before your arrival, Cardiff University reserves the right not to make/withdraw an offer/contract for University accommodation, and you will need to find an alternative place to reside.

2.9 If an Admissions Review Panel has considered the ability for you to be permitted to reside in University accommodation based on any restrictions or requirements, as part of approving you as an applicant suitable for study, then a separate Accommodation Review Panel will not be required.

3.1 If your offer for University accommodation is referred to the Panel you will be notified in writing (normally by email) when the Panel will meet. You will be invited to the meeting and have the opportunity to submit any further information/documentation that you wish the Panel to consider.  Attendance at the Panel meeting is not compulsory, but your attendance is strongly encouraged.

3.2 You are encouraged to invite your Probation Officer/police representative to attend the meeting and/or bring a friend or relative for support.

3.3 If you decline to attend, the Panel meeting will take place in your absence.  In these circumstances, you will be able to provide a written statement to be read out on your behalf or you can be represented at the meeting by a nominated individual who can speak on your behalf.

3.4 The Panel will comprise of the following:

• Pro Vice-Chancellor (Student Experience & Academic Standards) or delegated nominee as Chair
• Member of Student Support and Welfare Services/and Residence Life
• Senior Member of Residences Services

3.5 The Panel may request additional legal or specialist advice.

3.6 The Panel will be serviced by a member of the Residences Team.

3.7 Factors the Panel may consider include the following:

1. The nature of the relevant unspent criminal conviction and the relevance to staying in University accommodation
2. The date of the relevant unspent criminal conviction and time remaining on any restrictions
3. Whether your circumstances have changed since the relevant unspent criminal conviction
4. Recommendations and advice are provided by the Criminal Justice Service (normally the Probation Service)
5. The ability for you to appropriately live in University accommodation, with other students

3.8 The outcome of the meeting of the Panel will be:

1. To request further information/advice from you and/or appropriate services
2. To confirm that an offer/contract for University accommodation can be made/continue, and whether this is subject to any further conditions
3. To confirm that an offer/contract for University accommodation cannot be made/is withdrawn

3.9 You will be informed in writing (usually by email) within five working days of the Panel of the outcome of the meeting unless further information/advice is required.  In the circumstance that further information/advice is required, you will be notified and will be given information about the likely date of an outcome where possible.

3.10 There is no right of appeal against the decision of the Panel except in the circumstance that new advice or information is provided by a relevant party which was not available at the time of the decision or if there was evidence that the procedure as outlined in this document was not correctly followed.  In any other case, the decision of the Panel is final.