Written by Melanie Schulpen, attorney at Arslan Advocaten. Registered in the specialisation register of the Netherlands Bar for criminal law (and juvenile criminal law) and administrative law.
Nederlands: Lees dit artikel in het Nederlands: VOG geweigerd voor zorg, onderwijs of kinderopvang: uw mogelijkheden
Türkçe: Bu makaleyi Türkçe okuyun: Sağlık, eğitim veya çocuk bakımı için VOG reddi: seçenekleriniz
A refusal of a certificate of conduct (VOG) for work in healthcare, education or childcare calls for an assessment of the specific position and the people you work with. A criminal record does not automatically mean that every job in these sectors is out of reach. Risks relating to vulnerable people can, however, weigh heavily. Check the screening profile, the facts relied on and the response period. Childcare also has continuous screening and the Childcare Register of Persons (Personenregister Kinderopvang).
The consequences of a refusal differ from case to case. You may miss out on a new job, be unable to start a placement or be unable to continue your current work. Even so, not exactly the same obligations apply in all three sectors. This article helps you understand the screening and gather the right information for a written response (zienswijze) or an objection.
Look at your duties, not just the sector
The name of a sector does not say exactly which tasks you perform. An administrative employee in a healthcare organisation has different responsibilities from an employee who visits clients alone in their homes. A teacher, a caretaker and an external service provider at a school may likewise have different tasks.
Ask your employer for a specific job description and the application details. Check whether the screening profile matches them. Think of contact with minors, access to medical information, handling medication, money or goods, and working independently in clients’ living environment.
A correct description must be complete and honest. Leaving out essential tasks to make the application look more favourable is no solution. A good file, on the contrary, makes clear which risks actually exist and how the position is carried out.
VOG in healthcare
In healthcare, the screening may relate to contact with dependent or vulnerable clients, confidential data and responsibilities for their wellbeing. Which VOG obligation applies depends on the position, the organisation and the applicable rules. Not everyone who works for a healthcare organisation is automatically subject to exactly the same requirement.
So discuss whether the work involves direct care, guidance, support or another task. Describe whether you work alone, have access to homes or carry out financial transactions. These facts help in assessing the relationship between the recorded antecedents and the work.
An unfavourable fact need not carry the same weight for all healthcare positions. At the same time, conduct outside work can also be relevant where it affects the safety or reliability that the position requires. The reasoning given by Justis must be checked on this point.
VOG in education
In education positions, authority, supervision and contact with minors can play an important role. The specific screening profile for education describes the relevant risks. Check which task you will actually be given and how it is presented in the application.
A placement or temporary appointment may also require a VOG. The short duration of the contract does not automatically remove a statutory or valid requirement for the position. Ask before you start which certificate is needed and by what date it must be submitted.
If the certificate is refused, a statement from the school and a description of the specific work are useful. Have it explained which appointment is being offered, what a delay would mean and which alternatives exist. A general reference to the teacher shortage is no substitute for an assessment of your personal file.
Childcare: VOG and the Register of Persons
In addition to the VOG, childcare has a system of registration and continuous screening. Who must register in the Childcare Register of Persons depends on their role and presence at the childcare location. It is not limited to pedagogical staff.
So check whether you have been correctly registered and linked, and which documents are required. A VOG issued for another purpose is not automatically sufficient for childcare. The application must match the correct work and registration requirements.
Justis explains continuous screening and the role of the Childcare Register of Persons. A notification may give rise to a new VOG application. The notification and the eventual decision on that application are separate steps.
A notification from continuous screening
If new judicial information gives cause for a reassessment, the bodies involved can initiate a request for a new VOG. Read all letters carefully. Besides Justis, registration, supervision and the employer may also play a role in childcare.
A notification does not automatically mean that the new VOG will be refused. You must, however, act in good time and find out what consequences the notification has for your deployment or registration. Do not wait until a scheduled shift to ask whether you may still work.
Draw up an overview of senders, requested actions and deadlines. A written response to Justis does not automatically answer every request in another procedure. Where there are several decisions, have it assessed which legal remedies are needed separately.
Which facts can be a problem?
Violent and sexual offences can have a clear connection with the protection of vulnerable people. Property offences, drug-related offences or improper handling of confidential information may also be relevant, depending on the position. The test is not limited to offences literally committed in the course of work.
Check the status of the criminal case. Is there a conviction, a punishment order, a policy-based dismissal or a pending case? Under the ordinary VOG policy, a final acquittal and a dismissal on technical grounds have a different position. The complete documents on the outcome of the case are therefore important.
Justis publishes the screening profiles and their explanatory notes. The risks listed are not a simple list that automatically makes every fact not mentioned irrelevant. The specific relationship with the purpose remains decisive.
Sexual offences and the stricter framework
For certain sexual offences, combined with a relationship of authority or dependency or a relevant location, a stricter assessment framework may apply. The scope for a favourable balancing of interests may then be very limited. General tips for ordinary VOG applications are insufficient in such cases.
Have it assessed precisely which statutory classification and which policy Justis is applying. The nature of the position and the location must also have been correctly established. A personal account of the incident is no substitute for a legal assessment of how the case was disposed of.
The VOG-NP-RP 2025 Policy Rules (Beleidsregels VOG-NP-RP 2025) contain the assessment framework. Discuss at an early stage which arguments are legally relevant and which documents are needed for them, so that valuable time is not spent on an overly general defence.
Look-back period and old offences
The look-back period depends on factors including age, position and type of offence. The ordinary period is therefore not a universal end date for all healthcare, education and childcare positions. For certain offences an unlimited look-back period applies, and deprivation of liberty can also have an effect.
Ask which reference date Justis is using. It need not be the same as the date of the offence. A judgment or other disposal may be relevant to the calculation. Record the key dates together with the supporting documents.
The passage of time can be significant, but an old offence does not automatically disappear from the judicial records. Check on what basis it is being used and what significance is attached to it in the current application.
Written response: linking substance and personal interest
If you receive a notice of intended refusal, respond within the stated period, usually two weeks. Start with verifiable errors or ambiguities in the data and the job description. Then address the risk analysis and your personal circumstances.
Make your interest in the work concrete with a contract, a placement agreement or a statement from the employer. State the start date, the consequences of a delay and any dependence on the income. For a course of study, evidence may also be needed that the placement is essential for the diploma.
A strong interest in the work does not automatically lead to the certificate being issued. Your response must therefore also explain why, in your view, the specific assessment should turn out differently. Merely emphasising that you have enjoyed working with people for years is insufficient support.
References and development since the incident
A manager can describe how you perform on the basis of their own experience. Ask for specific examples of responsibilities, reliability and keeping to agreements. A short factual statement is often more useful than a general recommendation full of grand words.
Counselling or treatment can be relevant if it relates to the circumstances identified by Justis. Make clear what has been followed and completed and what development has been observed. Share only necessary medical information and agree how it will be provided securely.
Be honest about the limits of a statement. An employer who is not familiar with the incident cannot simply declare that every risk has been ruled out. A well-supported, nuanced file is easier to assess than absolute guarantees.
Working without a VOG or during an objection
Whether you may temporarily carry out work without the required VOG depends on the applicable rules. In regulated positions, the certificate may be a precondition. A manager’s permission does not automatically remove a statutory requirement.
An objection to a refusal does not, in principle, suspend that decision. Ongoing correspondence with Justis does not give automatic permission to start either. Ask the employer and, if necessary, the competent authority for written clarity about the current situation.
Explore practical alternatives, such as postponing the start or other tasks that are actually permitted. Have arrangements put in writing. This can limit the damage while the legal procedure continues.
Assess the employment law consequences separately
A missing VOG can have consequences for the employment relationship, but not every refusal automatically ends the contract. The terms of the agreement, the collective labour agreement (cao) and the specific circumstances are important. Have a dismissal letter or termination agreement assessed in good time.
Do not sign merely because you are told that “nothing more can be done anyway”. An agreement can have consequences for wages and benefits. At the same time, it may make sense to discuss temporary other work or a later start.
Keep correspondence about your deployment, wages and the VOG requirement. A favourable outcome at Justis does not automatically undo an employment law arrangement made earlier. Coordination between the procedures is therefore important.
Objection and possible urgency
For a final VOG refusal, the objection period is in principle six weeks. Read how Justis responded to your written response. Work out the remaining points of dispute and add new relevant information. The explanation of VOG objections helps to put the steps in order.
Where the consequences are urgent, a request for interim relief (voorlopige voorziening) may be considered. For that, appropriate proceedings must be pending and there must be sufficient urgency. The interest in protecting clients, pupils or children can weigh heavily. An urgent application therefore does not guarantee a temporary certificate.
Support the deadline and consequences with documents. Ask your employer what will specifically happen if the certificate is not forthcoming and which alternatives are available. This allows a request to be tailored precisely to the actual situation.
Fictitious example: different tasks from those the profile suggests
An employee of a healthcare organisation receives a notice of intended refusal. The application appears to assume tasks involving direct access to clients’ money, whereas the intended position comprises only other work. The employer can explain the tasks in writing.
In this fictitious example, it must first be established whether the profile is indeed incorrect and how the application can be handled correctly. After that, the relevant facts and risks of the actual position still have to be assessed. An amended description therefore gives no automatic guarantee.
The example shows why details of the position matter. A careful file describes reality precisely, without leaving out work or inventing powers.
The job description as substantive evidence
Within healthcare, education and childcare there are major differences between positions. An employee who performs only administrative tasks has different responsibilities from someone who provides care independently or works alone with children every day. Describe the actual situation carefully.
| Aspect of the position | Questions the employer can answer |
|---|---|
| Contact with people | Who do you work with, and in what relationship of dependency? |
| Independence | Do you work alone, under supervision or in a team? |
| Access | Do you have access to money, medicines, keys or confidential files? |
| Responsibility | Which decisions do you take yourself, and which are checked? |
| Workplace | What specific circumstances are associated with the location and target group? |
This information helps to assess the relationship between the criminal record data and the position. It is not a reason to circumvent a mandatory profile or leave out relevant tasks. The application and the explanation must, on the contrary, match actual practice.
Have the employer confirm specific facts. A statement that you are a pleasant person may be sympathetic, but says little about the responsibility that Justis has to assess. References become more useful when they contain examples of your performance and development.
Consider a temporary change of duties carefully
Sometimes an employer discusses other work while a VOG procedure is ongoing. Whether that is possible depends on the statutory requirements, the position and the status of any registrations or permissions. A change of duties must not be a way of evading an applicable obligation.
Ask in writing which tasks are being offered temporarily and what conditions apply. Also describe the consequences for hours, salary and return to the original position. This prevents a practical stopgap solution from later being interpreted as a permanent arrangement.
A different position may call for a different assessment, but an existing VOG issued for another purpose does not automatically provide cover. Have it checked which application is actually needed. In the meantime, keep an eye on the deadline of the original notice of intended refusal or decision.
Keep the communication about the consequences for your work. If you want to substantiate your interest in the VOG procedure, specific start dates, rosters and arrangements help more than a general statement that you will otherwise lose your job. Both the substantive risk assessment and the personal interest must be carefully explained.
Keep an earlier VOG for a different position
If you have previously received a VOG, also keep the details of the application for which it was issued. The date, the work and the purpose of the screening can help in understanding the differences from the new application.
Earlier issue is no guarantee for a different position. There may be new data, or different responsibilities may apply. Ask, therefore, which relevant change, according to Justis, leads to a different outcome.
Use the earlier VOG as context, not as a substitute for a response to the new notice of intended refusal. Describe the current position and the current facts separately. That way it remains clear whether the discussion concerns changed work, a new registration or the application of a different assessment framework.
Frequently asked questions
Are the VOG rules for healthcare and childcare the same?
Not entirely. Childcare has, among other things, the Register of Persons and continuous screening. In healthcare, obligations depend on the position and the applicable rules. So check the specific work situation.
Can an old conviction still count?
It can, depending on the look-back period, the offence and the assessment framework. The age of a registration is not the only criterion. Ask on what basis Justis is using the data.
Is a notification in childcare a final refusal?
No. The notification can lead to a new VOG application and other actions in the registration or supervision process. Read all letters and keep track of the separate deadlines.
Can I simply start work during an objection?
Not automatically. An objection does not replace a required VOG. Have it assessed which work, if any, is permitted and put arrangements with the employer in writing.
Does a statement from my manager help?
A specific statement can provide relevant information about tasks and performance. It must be based on the manager’s own knowledge and does not automatically rule out a risk. Make the content match the reasons given in the notice of intended refusal.
What if I lose my job?
Have both the VOG procedure and the employment law consequences assessed. Do not sign a termination proposal without understanding the consequences. At the same time, explore whether temporary arrangements or appropriate urgent measures are possible.
A targeted assessment of your position and file
Submit your VOG letter and job description to Arslan Advocaten. Also read the general VOG guide and the explanation of screening profiles. State your sector, duties, start date and the final date for responding, so that the right procedure can be determined.
Read also
VOG refused for a placement or course: what can you do?
VOG look-back period: how far back does Justis look at your criminal record?
VOG after dismissal, acquittal or a pending criminal case
