NI adds adult restorative justice to disclosure exceptions
“Key actions progressed include the development of a new Practice Standards and Accreditation Framework,” Justice Minister Naomi Long said last month as her department set out how restorative justice will embed more firmly in the system. That push now comes with sharper safeguarding: a new Order takes effect on 17 February 2026, placing adult restorative justice roles within the disclosure exceptions regime. (justice-ni.gov.uk)
The Statutory Rule - the Rehabilitation of Offenders (Exceptions) (Amendment) Order (Northern Ireland) 2026 - means organisations assessing someone to act as an adult restorative justice practitioner may lawfully ask about spent convictions and rely on the answers when judging suitability. The Order also covers people who want to employ or engage a self‑employed worker or personal employee for certain roles involving children or vulnerable adults, bringing those circumstances within scope of the same exceptions. Applicants must be told at the time that spent convictions are to be disclosed.
For readers outside Belfast policy circles, this sits within the long‑standing framework that lets employers in specified roles ask the “exempted question”. AccessNI explains that, for exempted roles, standard or enhanced checks can include spent convictions and other relevant police information. In practice, this Order aligns adult restorative justice posts with other safeguarding‑sensitive work already covered. (justice-ni.gov.uk)
Crucially, the change does not remove protections built up over the last decade. Northern Ireland introduced the concept of “protected convictions” in 2014 and widened eligibility in 2019 so more than one minor offence can, in certain circumstances, be filtered from disclosure. Those protected convictions remain off‑limits and should not be asked for or considered in hiring decisions. (legislation.gov.uk)
Policy‑wise, the timing reflects the Department of Justice’s wider programme to raise standards and accountability in adult restorative justice. In October, officials launched a new accreditation framework to set consistent requirements for organisations and practitioners. The exceptions Order gives commissioners and providers a clearer legal footing when they assess who is suitable to work in sensitive, trauma‑laden conversations. (justice-ni.gov.uk)
For charities, social enterprises and community‑based providers working across Belfast, Derry/Londonderry and beyond, the homework now is practical. Job adverts, application forms and privacy notices will need updated wording; recruitment panels must be trained to ask the exempted question properly and record decisions. Organisations should refresh risk assessments, apply fair‑chance hiring principles, and keep data secure and proportionate. Small groups without in‑house HR will want template policies ready before 17 February.
Households and individuals who directly employ personal assistants or bring in self‑employed specialists for regulated or controlled activity should also take note. The Order allows them to ask about spent convictions for listed roles, but only after telling the person upfront why disclosure is required. If in doubt, check whether the work falls within regulated or controlled activity and seek AccessNI guidance before proceeding. (justice-ni.gov.uk)
The legal backdrop matters here. In March 2025, the UK Supreme Court confirmed that Northern Ireland’s rule requiring lifetime disclosure for sentences over 30 months is lawful, keeping the bar higher than in England and Wales. That ruling underscored the region’s distinct approach to rehabilitation and disclosure - and sets the context for today’s tighter checks in restorative justice. (nihrc.org)
Looking ahead, Stormont’s Justice Committee has been tracking the detail as it moves through secondary legislation. Providers should watch for any departmental guidance that follows commencement, and use the next fortnight to brief staff and volunteers. The direction of travel is clear: stronger standards for restorative justice practice, matched by clearer rules on who is suitable to deliver it. (niassembly.tv)