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For people with criminal records
For people with criminal records

Author: Debbie Sadler

Monthly summary – December 2018

Welcome to our monthly summary for December 2018.

This provides a summary of:

  1. the latest updates to our self-help information site for people with convictions
  2. recent posts to our online magazine, theRecord
  3. discussions on our online forum
  4. other news and developments that might be of interest to people with a criminal record

Have you just stumbled across this? You can receive these updates direct to your inbox every month for free by signing up to our mailing list (make sure you choose to receive ‘news for people with convictions’)


Updates to our information site

Here’s a summary of the updates that we’ve made recently to the theInformationHub. There are links within each update to where you can find more information about the update. There are also links next to many of the updates, which link to threads on our online forum where you can discuss these with other people with convictions. 

Work and volunteering

  • Wrongful dismissal – We’ve produced some new information on wrongful dismissal claims which, in certain circumstances, can be used to claim damages against an employer.
  • Setting up your own business – We’ve written a further article for InsideTime ‘Through the Gate’ Section on setting up your own business following release from prison.

Travelling abroad

  • Travelling to India – Following the introduction of their e-Visa system, we’ve produced some new information on travelling to India, which sets out the questions around criminal records asked on the online form.
  • Travelling within the EU – We’ve updated this page and added a link to the Schengen visa eligibility checker which can help you establish whether you’ll need a visa when travelling from the UK to any Schengen member state. This is particularly useful if you’re not a UK national.

Insurance

  • Commercial insurance – We’ve updated this information to include an explanation of the different types of commercial policies available and when you might need them.

Other areas of life

  • Sources of identification – This page has been updated to make it easier to navigate and now includes sections on the identification you will need when opening a bank account, seeking employment and making benefit claims.

theRecord posts

Below are links to recent posts to our online magazine, theRecord. These are often linked to from the practical information that we have, to help give some personal experiences.

Success – ‘No’ didn’t mean ‘no’, it meant ‘not right now’ – getting a job on my second application – “Two years ago I was interviewed for a job with a government department. At the end of the interview I was given a form which asked me to disclose details of any cautions or convictions and, although I was able to provide the facts of my conviction, I wasn’t able to include an actual self disclosure statement …..”

Struggles and stigma – Employers need to learn how to see the person and not just the crime – “My criminal record started when I was 12 years old while growing up in children’s homes. By the age of 18 I had convictions for burglary and assault and had served time in youth detention centres and borstals. At the age of 20, I was standing in the dock at the Old Bailey receiving a 30-year sentence for armed robbery and attempted murder …..”

News – Has an employer wrongly checked your criminal record?- Get in touch – “We’re continuing to look for examples of employers who have carried out inappropriate criminal record checks. We’re gathering this information as part of our Fair Access to Employment project and to feed into our legal strategy which aims to put an end to unlawful criminal record checks …..”

Discussions on our online forum

Below are links to recent posts to our online forum. If you’d like to join in the discussion but are not currently a forum member, find out how you can join here.

Post Brexit – Impact on travelling to Europe  – There’s been a lot of discussion on the forum about the proposed European Travel Information and Authorisation System (ETIAS) post Brexit and how this will affect the ability of those with a criminal record to travel to the EU. Let us know what you think.

Annual notification  – CC raised some concerns about the new approach taken by his Public Protection Officers at a recent visit. This lasted much longer and appeared more intrusive than previous visits. Has anybody experienced anything similar?

Other news and developments

Below are links to other news and developments that might be of interest to people with a criminal record. For more news, check out the news and media section of our main website.

Google settles out of court with individual who has spent conviction, in the UK’s first ‘right to be forgotten case’ involving criminal records

Earlier in the year, two individuals with spent convictions bought cases against Google, one case was successful and the other one failed. An appeal on the one that failed was due to be heard in the Court of Appeal but the case was withdrawn following settlement out of court. Read more here.

Looking back at 2018 – A month-by-month review of our work and criminal record developments

Our co-director, Christopher Stacey reflects on the last 12 months and the developments relating to criminal records in his year-end blog.

Monthly update – December 2018

We’ve just published our update for December 2018.

 

 

 

 

 

 

This months update includes:

  1. New information on wrongful dismissal claims which, in certain circumstances, can be used to claim damages against an employer.
  2. New information on travelling to India with a criminal record following the introduction of their e-Visa system.
  3. A call-out for individuals to get in touch if they believe that an employer has wrongly checked their criminal record.
  4. A link to a discussion on theForum regarding the impact of travelling to Europe with a criminal record post-Brexit.
  5. A month-by-month review of our work and criminal record developments.

 

The full update provides a summary of:

  1. the latest updates to our self-help information site for people with convictions
  2. recent posts to our online magazine, theRecord
  3. discussions on our online forum
  4. other news and developments that might be of interest to individuals with a criminal record

 

Read the December 2018 update in full.

 

Best wishes,

Unlock

 

Notes

  • All previous updates can be found in full in the ‘Latest updates‘ section of our Information Hub
  • For more self-help information, please visit unlock.devchd.com/information-and-advice/
  • If you have any questions about this information, please contact our helpline
  • If you’ve been forwarded this email, you can sign up to receive these updates directly by clicking here and selecting to receive ‘News/updates for people with convictions’
  • If you have found this information useful, please leave us your feedback and/or consider making a donation.

 

Christmas closing

Our helpline will be closed for the Christmas holidays from 4pm on Friday 21st December and will reopen at 10am on Wednesday 2nd January 2019.

Whilst we’re closed, you can drop us an email, text or WhatsApp message or write to us. Our contact details can be found here. We promise to respond to every enquiry we receive as soon as possible following our return to the office in January.

If you’ve got questions that you need answers to, you may find the answer to your question on this self-help information site. In particular, check our quick links section which has answers to some of the most common questions we get asked. Alternatively, you may find the answer on our online forum.

The Christmas holidays can be a difficult time for some. If you’re feeling desperate and need to speak to someone while our helpline is closed, you can contact the Samaritans for free on 116 123. . Or you can email them at jo@samaritans.org.

On behalf of everybody at Unlock, we’d like to take this opportunity to wish you a very merry Christmas and a happy and safe New Year.

Have you been dismissed from your job because of your criminal record?

Our helpline is regularly contacted by individuals who’ve lost their job after their employer found out about their criminal record. This can be extremely distressing, especially if the conviction is spent (under the Rehabilitation of Offenders Act 1974) and, due to the type of job they applied for, didn’t need to be disclosed.

If this has happened to you, generally you’ll have very few employment rights as you would have been employed for less than two years.

However, we’ve produced some new information on wrongful dismissal claims which, in certain circumstances, can be used to claim damages against an employer.

Although the amount you can claim is limited, it may be worth looking into this. This can be important, not just because of the damages you might get, but also because it’s your opportunity to make it clear that you were not the one in the wrong.

Moving on: Setting up your own business

This month, we’ve written a further article for InsideTime ‘Through the Gate’ Section which focuses on setting up your own business following release from prison.

A copy of the article can be found below.

Many of us have thought about starting our own business at some point. However, not many people get around to trying and for those that do, it’s not always as easy as they think it’s going to be.

However, for people with a criminal record, disclosing a conviction to an employer can mean that they don’t get invited to interviews or are turned down for jobs and this can lead people to seriously consider running their own business.

Having a good understanding of the advantages and disadvantages of being self-employed, rather than being an employee, is really important.

Advantages

Less chance of discrimination

It’s unlikely that you’ll be asked to disclose your criminal record to the majority of your customers unless you want to take on certain types of contract (for example Government contracts).

Independence

You’ll be able to set the hours you work to fit around other commitments; for example, attending probation appointments or completing courses.

Job satisfaction

Working for yourself means you won’t have to get involved in office politics or worry about colleagues finding out about your criminal record. Also, you’ll reap the rewards of your own hard work.

Salary

Your earning potential could be higher, but you’ll need to be prepared to work hard.

Disadvantages

No employee benefits

You won’t be entitled to sick pay or holiday pay – if you take time off, you won’t get paid.

Long hours

Your working day may be longer and more irregular and, as you concentrate on getting your business off the ground, you may spend less time with family or friends.

Unpredictable finances

Your income may initially be irregular and it may be a while before your business starts making a profit.

Questions you should ask yourself

Although your criminal record will have less of an impact if you’re self-employed, there are still some key questions that you should be asking yourself before you take the first step(s) to setting up your business.

  1. All the time your conviction is unspent, you’ll need to disclose it to insurance companies. Try to find out what the cost of business insurance is likely to be and whether you’ll have any difficulties in getting insurance due to the nature of your offence. Unlock has a list of commercial insurance brokers who can provide policies to people with a criminal record.
  2. If you want to set up your business as a limited company, make sure that your conviction does not disqualify you from being a director. You’ll usually have been told at Court if you are disqualified.
  3. Consider whether you want your name attached to your work. If details of your conviction were featured in the media, you may want to consider changing your name before setting up your business.
  4. If you’re thinking of working as a contractor, then you may be asked to provide details of your criminal record and you may need to have formal criminal record checks.

What support is available?

There are many organisations that can offer support and mentoring to individuals looking to set up their own business. Details of these are available from the Unlock office.

If you’re claiming job seekers allowance or universal credit then you may be eligible to apply for a New Enterprise Allowance. You’ll be put in touch with a mentor who’ll give you advice and support to start your business and help you put together a business plan. Once your business plan has been agreed, you may be entitled to a weekly allowance to top up your salary and/or a loan to help with start-up costs.

If you have willpower, determination and self-discipline, and enjoy making your own decisions, then self-employment could be worth considering.

Monthly update – November 2018

We’ve just published our update for November 2018.

 

 

 

 

 

 

This months update includes:

  1. New information on the Homelessness Reduction Act which came into force earlier this year.
  2. A link to the updated list of offences that will never be filtered published by the Disclosure and Barring Service
  3. A personal story about the ongoing challenges of disclosing convictions received over  20 years ago.
  4. A link to a discussion on theForum on the legality of Youtube videos which disclose the personal details of individuals convicted of sexual offences.
  5. Details of a survey we’re running on the barriers that BAME grops face in terms of their criminal record.

 

The full update provides a summary of:

  1. the latest updates to our self-help information site for people with convictions
  2. recent posts to our online magazine, theRecord
  3. discussions on our online forum
  4. other news and developments that might be of interest to individuals with a criminal record

 

Read the November 2018 update in full.

 

Best wishes,

Unlock

 

Notes

  • All previous updates can be found in full in the ‘Latest updates‘ section of our Information Hub
  • For more self-help information, please visit unlock.devchd.com/information-and-advice/
  • If you have any questions about this information, please contact our helpline
  • If you’ve been forwarded this email, you can sign up to receive these updates directly by clicking here and selecting to receive ‘News/updates for people with convictions’
  • If you have found this information useful, please leave us your feedback and/or consider making a donation.

 

Homelessness and the Homelessness Reduction Act

The Homelessness Reduction Act 2017 came into force in England on the 3rd April this year. This is the biggest change to the rights of homeless people in England for 15 years.

We’ve produced some new information which sets out how the Act will work in practice.

The new law puts an obligation on prisons, youth offending teams and probation services (both Community Rehabilitation Companies and the National Probation Service) to refer people, (with their consent), to a local authority who they have a location connection with, if they are homeless or at risk of homelessness. This duty came into force on 1st October 2018.

As the ‘duty to refer’ is very new, we’re not sure how public authorities will do this. However, once it’s been established that you’re homeless or at risk of homelessness, then prisons, probation etc must refer you to a housing authority under section 213B of the Homelessness Reduction Act. You should ensure that if you’re in this position that you get help from the prison or probation. Don’t let them tell you that ‘it’s not their job’ or they ‘can’t deal with it’.

Whilst the new law is certainly a step in the right direction, we don’t believe that it contains enough detail or guidance to local authorities, especially around what happens to people leaving prison who have no local connection.

If you’ve identified yourself as homeless or at risk of homelessness and don’t feel that you’ve been adequately dealt with by the prison or probation, we’d like to hear from you. Please send details of your case to policy@unlock.org.uk.

 

Monthly summary – November 2018

Welcome to our monthly summary for November 2018.

This provides a summary of:

  1. the latest updates to our self-help information site for people with convictions
  2. recent posts to our online magazine, theRecord
  3. discussions on our online forum
  4. other news and developments that might be of interest to people with a criminal record

Have you just stumbled across this? You can receive these updates direct to your inbox every month for free by signing up to our mailing list (make sure you choose to receive ‘news for people with convictions’)


Updates to our information site

Here’s a summary of the updates that we’ve made recently to the theInformationHub. There are links within each update to where you can find more information about the update. There are also links next to many of the updates, which link to threads on our online forum where you can discuss these with other people with convictions. 

Housing

  • Homelessness – The Homelessness Reduction Act – The Homelessness Reduction Act came into force in England in April 2018. We’ve produced some new information which sets out the obligation that prisons now have to refer individuals to a local authority if they are homeless or at risk of homelessness.
  • Homelessness – General – We’ve updated this page to set out the criteria you’ll need to meet to be deemed homeless or at risk of homelessness and what help you can expect from your local council.

Work and volunteering

  • Employers with particularly negative policies towards people with convictions – We’ve updated this page to include the restaurant/pub chain Mitchells & Butler who have a blanket ban on recruiting anybody with an unspent conviction.
  • Leading charities with conviction – Guidance for individuals on changes to the rules on being a trustee or a senior manager of a charity with a criminal record – Following changes made by the Charity Commission to their online waiver application form, we’ve updated our information to reflect this.

About criminal records

  • Filtering of spent cautions and convictions – New links to the Disclosure and Barring Service list of offences that will never be filtered have been added to our detailed and simple filtering guides.

Important links and organisations

theRecord posts

Below are links to recent posts to our online magazine, theRecord. These are often linked to from the practical information that we have, to help give some personal experiences.

Success – I got the link to my sexual offence conviction removed from a search engine – “I was convicted of internet related offences under the Sexual Offences Act following online contact with teenage girls. I accepted full responsibility, expressing genuine remorse for my actions. My case was reported in my local newspaper although it was exaggerated and misrepresented the facts of the case. Mercifully, the article was taken down but not before it was copied to a very unsavoury vigilante website …..”

Struggles and stigma – ‘Yes I’ve got some historic convictions but do the public really need protecting from me?’ – “I’m a teacher. I worked hard for my qualification and work damn hard at my job, mostly because I love teaching but also because deep down, I’ll always feel like I have something to prove. That’s because over 20 years ago I was a ‘persistent young offender’. Subconsciously I will probably always give that extra effort to show myself, and others, that I am a good person …..”

Success – The code to success is to make the most of every opportunity presented – how I set up my website development business – “18 weeks ago I was released from prison – a prison sentence that has changed my life. Life in prison is extremely mundane with every possible job being pretty much the same. Mind numbing boredom. I was transferred to a Cat C prison with 7 months remaining on my sentence. I went through the normal intake procedure and was given an application form with the same old jobs and courses …..”

Discussions on our online forum

Below are links to recent posts to our online forum. If you’d like to join in the discussion but are not currently a forum member, find out how you can join here.

Youtube videos  – CC has recently come across Youtube videos which appear to be displaying the names and addresses of individuals who’ve been convicted of sexual offences. He wants to know whether this is legal?

Regular meetings with probation officers – purpose?  – Star received a 12-month community order and received 100 hours unpaid work. He completed this in 4 months but still has to attend regular monthly meetings with his probation officer. He’d like to know the reason for these continued meetings. Can you help?

Other news and developments

Below are links to other news and developments that might be of interest to people with a criminal record. For more news, check out the news and media section of our main website.

Are you from a Black, Asian or Minority Ethnic (BAME) background and have a criminal record? We want to hear from you!

We’re collecting evidence that will help us to better understand the barriers that BAME groups face in terms of their criminal record and have put together a short online survey.

Book now for our Criminal Record Disclosure training on 27th February 2019

We’ll be running Criminal Record Disclosure training throughout 2019. Have a look for further details and book your place.

Unlock speaks to Radio 4’s Law in Action – Should having a past block a child’s future?

Our co-director, Christopher Stacey talks about the issues affecting those who receive criminal convictions in childhood. You can listen to the programme here.

 

Monthly summary – October 2018

Welcome to our monthly summary for October 2018.

This provides a summary of:

  1. the latest updates to our self-help information site for people with convictions
  2. recent posts to our online magazine, theRecord
  3. discussions on our online forum
  4. other news and developments that might be of interest to people with a criminal record

Have you just stumbled across this? You can receive these updates direct to your inbox every month for free by signing up to our mailing list (make sure you choose to receive ‘news for people with convictions’)


Updates to our information site

Here’s a summary of the updates that we’ve made recently to the theInformationHub. There are links within each update to where you can find more information about the update. There are also links next to many of the updates, which link to threads on our online forum where you can discuss these with other people with convictions. 

Coming to (and staying) in the UK

  • EU nationals staying in the UK and deportation from the UK due to a criminal record – We’ve published two new pages which set out the reasons why an EU national may be refused entry to the UK, the changes taking place in the lead up to (and after) the UK leaves the EU and the process by which someone might be deported from the UK if they’re convicted of a criminal offence.
  • Applying for citizenship – We’ve updated this page setting out the criteria you need to meet to qualify for citizenship together with details of the impact a criminal record will have on this.

Work and volunteering

  • Becoming a magistrate – Following the Chair of the Magistrates’ Association urging people with a criminal record to apply to become a magistrate, we’ve updated our information page on this.

theRecord posts

Below are links to recent posts to our online magazine, theRecord. These are often linked to from the practical information that we have, to help give some personal experiences.

Success – Rejected by employers but could my conviction also stop me from becoming a mother? – “Almost a year ago I decided that I wanted to start a family. With joy, excitement and lots of nerves all bundled up, I contacted a fertility clinic who posted a series of forms to me. Innocuously tucked in between the forms asking about my medical background and my consent for treatment was a ‘Welfare of the Child’ form with the earth-shattering question “Have you ever been convicted of harming a child? …..”

Struggles and stigma – Why won’t the media let us move on from our offending behaviour – especially those with sexual offences – “People change! No, it’s not a question, it’s a fact! Alcoholics become sober, drug users become clean, car thieves stop stealing cars, murderers stop killing and many turn their lives around and become excellent role models. However, commit a sexual offence and suddenly you aren’t capable and the scared, irrational and paranoid will bring out an impressive line-up of this or that expert to attest to the fact …..”

Success – Getting a US visa capped a very successful two years of rehabilitation post-conviction – “I have always been resourceful. Always had decent jobs, even holding down a fairly senior job working for central government. My world changed in 2016 when I was found guilty of fraud by false representation for claiming money I later found out I wasn’t entitled to …..”

Discussions on our online forum

Below are links to recent posts to our online forum. If you’d like to join in the discussion but are not currently a forum member, find out how you can join here.

UK citizenship  – Moonsoon is interested in finding out whether his conviction which resulted in a community order would stop him from getting UK citizenship. Can anybody offer him any advice?

My ex-employer has replied to my SAR but left out important data  – RunningMan has recently been dismissed from his job after his spent conviction came to light ‘from a different source’. Despite trying to find out by way of an SAR where this information came from, his employer’s haven’t provided him with the details. Does anybody have any ideas about what he should do next?

Other news and developments

Below are links to other news and developments that might be of interest to people with a criminal record. For more news, check out the news and media section of our main website.

New guidance published to support employers with GDPR, data protection and processing criminal records in recruitment

We’ve published new guidance to support employers to ensure that their policies and practices on collecting criminal records data during recruitment is fully compliant with the General Data Protection Regulation (GDPR) and the Data Protection Act 2018.

Autumn 2018 newsletter – What we’ve been up to

Our recently published autumn 2018 newsletter provides an update of news at Unlock in the last three months.

Almost three-quarters of national companies continue to ask about criminal records at job application stage, new research shows

Marking the 5-year anniversary of the Ban the Box campaign, we’ve published new research which shows that the vast majority of national companies continue to have criminal record declarations as part of their initial job application forms. You can listen to Christopher Stacey, Unlocks co-director, discuss the findings on BBC Radio Sussex.

Monthly update – October 2018

We’ve just published our update for October 2018.

 

 

 

 

 

 

This months update includes:

  1. New information on EU nationals staying in the UK and deportation from the UK due to a criminal record.
  2. A link to updated information on becoming a magistrate.
  3. A personal story on applying for and successfully being granted a ten year US visa.
  4. A link to a discussion on theForum from RunningMan who is keen to find out what he can do if an ex-employer withholds information from his Subject Access Request.
  5. Details of new research published by Unlock which shows that almost three-quarters of national companies continue to ask about criminal records at job application stage.

 

The full update provides a summary of:

  1. the latest updates to our self-help information site for people with convictions
  2. recent posts to our online magazine, theRecord
  3. discussions on our online forum
  4. other news and developments that might be of interest to individuals with a criminal record

 

Read the October 2018 update in full.

 

Best wishes,

Unlock

 

Notes

  • All previous updates can be found in full in the ‘Latest updates‘ section of our Information Hub
  • For more self-help information, please visit unlock.devchd.com/information-and-advice/
  • If you have any questions about this information, please contact our helpline
  • If you’ve been forwarded this email, you can sign up to receive these updates directly by clicking here and selecting to receive ‘News/updates for people with convictions’
  • If you have found this information useful, please leave us your feedback and/or consider making a donation.

 

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