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For people with criminal records
For people with criminal records

Archives: Case Studies

Fabiola – Unlock’s disclosure calculator has given me a better understanding of my conviction and when it needs to be disclosed

Fabiola had several convictions which she’d received during a particularly difficult period in her life. Although she’d been to college and changed her life considerably, she was still finding it difficult to find a job that had decent prospects and opportunities to progress.

After being turned down for yet another job, Fabiola contacted the Unlock helpline in desperation explaining that her convictions were continuing to blight her life and that she could see no hope for the future.

Although she wasn’t able to provide details of all her convictions, the Unlock helpline advisor told Fabiola that, in his opinion, her convictions were likely to now be spent and, for the majority of jobs, she would not need to disclose them. The advisor suggested that Fabiola get details of her criminal record by applying to ACRO for a subject access request and then use the Unlock disclosure calculator to find out whether her convictions were spent or not.

Fabiola said:

“I followed the advice that I was given by the Unlock helpline advisor and as soon as I’d received the details of my convictions, I put the data into the disclosure calculator. It came back that all my convictions were spent – I’d been incorrectly disclosing them for years. The calculator has really made my situation very clear and I’ve just applied for another job and ticked the ‘No’ box on the application form .”

Lessons

Unless the job you’re applying for is exempt from the Rehabilitation of Offenders Act, employers should disregard any spent convictions that they become aware of. However, as we know, this doesn’t always happen and employers may find it difficult to ‘forget’ information relating to a criminal record. We always recommend that you find out whether your convictions are spent or not before you start applying for jobs. One way of doing this (which Fabiola didn’t do because of the cost) is to get a copy of your own basic DBS check. The alternative way is to do what Fabiola did and get a subject access request and then use the Unlock disclosure calculator to find out whether her convictions were spent or not.

Links

Notes about this case study 

This case study relates to our disclosure calculator.

Names and details have been changed to protect the identity of those involved.

Alan – Finding Unlock’s list of brokers on theInformationHub site made it possible for me to set up my own business

During his time in prison, Alan had done all he could to make himself more employable upon release. Knowing that it would be extremely difficult to find work with a conviction which was never spent, Alan did an NVQ course in plumbing as well as attending self-employment and business start-up courses in prison.

Upon release, he was able to secure a small amount of funding to purchase some tools and his parents bought him a work van. However, his business dreams were almost over before they’d even got going when he discovered how difficult it was to insure his vehicle.

A search of the internet led him to the InformationHub site and Unlock’s list of insurance brokers. After comparing the prices of several brokers he settled on one who was also able to give him a competitive quote for both motor and employers liability insurance.

Alan said:

“I never dreamt that I’d have problems getting van insurance because of my criminal record. Many high street insurers wouldn’t give me the time of day and those that did wanted to charge me an exhorbitant premium. Coming across the InformationHub site was a godsend and I’ve managed to get van and employers liability insurance at an affordable price. I can now concentrate on building up my client base”.

 

Lessons

Most people recognise that finding a job with an unspent conviction may be difficult. However very few consider that a criminal record will also have an impact on buying insurance and, the significant impact this will have on any business start up.

Links

Notes about this case study

This case study relates to our information site.

Names and details have been changed to protect the identity of those involved.

Ruby – theInformationHub provided a true source of support

When Ruby’s son was arrested and charged with a criminal offence she was surprised by the lack of information that was available. Although her son’s solicitor was able to provide plenty of advice about the court case and the sentence he was likely to receive, he knew very little about the ongoing effects of a criminal record.

The family wanted to try and find some positives from the situation they found themselves in but, any information they did find was either extremely negative or raised more questions than it answered. Although the family were a great source of strength and comfort to each other, Ruby found this lack of information incredibly isolating.

Ruby was worried about asking the police any questions for fear that it may be taken out of context. However, it was a police officer that suggested Ruby and her son have a look at the Unlock InformationHub site.

Ruby said:

“When my son was charged, he was crushed, we all were. Having reliable and up to date information on how a criminal record can affect your future has been a true source of support. The InformationHub has been a source of hope for us and although things look dark now, I know we’ll get through this”.

 

Lessons

We know that people need different information during their journey through the criminal justice system and it’s often the case that they ‘don’t know what they need to know’. It was for this reason that we developed our 7 stages of a criminal record information which provides an overview of the areas of life that will be affected by your record and when.

Links

Notes about this case study

This case study relates to our information site.

Names and details have been changed to protect the identity of those involved.

Michaela – The support I got from the Unlock forum gave me the confidence to start applying for work

Like many people who receive a conviction, Michaela was ashamed and embarrassed that she had a criminal record. Her conviction led to the loss of her job and her home and although her family and friends had been very supportive, she’d cut herself off from many of them leaving her feeling alone and isolated.

Michaela had been working as a teaching assistant at the time of her conviction but had always wanted to go into teaching. She knew that she needed to find a job to support herself but was certain that her chances of ever working in a school again and her dream of becoming a teacher were over.

During an online search Michaela came across the Unlock forum. She spent a few days just reading some of the posts before she joined as a member.

In one of her first posts she highlighted her feelings of hopelessness and how scared she was at the thought of applying for work. The opportunity to talk to people who had been through similar experiences had a huge impact on Michaela and many members gave her practical information such as when her conviction would be spent and, the fact that it would also be eligible for filtering at some point in the future. Being able to talk openly and honestly made her feel less isolated and she started to see some light at the end of the tunnel.

Michaela states:

“Talking to people on theForum made me come alive again. It was good to know that I wasn’t on my own and that my conviction wouldn’t necessarily hold me back or stop me from pursuing my dreams”.

 

Lessons

One of the great things about online discussions is that you get the chance to hear different views and opinions from people who are going through or been through similar experiences to your own.  This means you’ll be able to find out what works and what doesn’t and also be guided to other sites or organisations for more specialist information and advice.

Links

Notes about this case study 

This case study relates to our online forum.

Names and details have been changed to protect the identity of those involved.

Luca – Advice and reassurance from my peers gave me the confidence to apply for my basic DBS certificate

Knowing when and who to share details of your criminal record with is very often a difficult decision to make, but even more so when you have been convicted of a sexual offence.

The only person Luca had spoken to about his conviction was his probation officer who’d told him that as he’d been convicted of a sexual offence, his conviction would never be spent and he would need to disclose it to any future employer forever.

Although he’d worked as a project manager prior to his conviction, Luca had only worked sporadically since, either for friends or in short term temporary jobs. The shame and embarrassment surrounding his conviction meant that he avoided applying for any jobs which mentioned DBS checks although he felt like there seemed to be less and less of these being advertised.

Luca had been using Unlock’s InformationHub site when he found out about the online forum. He became a member straight away and his first posts were about disclosure advice. It didn’t take long for forum members to start asking him for more details about when he’d received his conviction and what type of jobs he was applying for. Once it became clear that Luca’s conviction was spent and he was no longer on the Sex Offenders Register, members started suggesting that there was probably no need for him to disclose for the jobs he was applying for and that his conviction wouldn’t appear on a basic DBS check.

Luca states:

“When my probation officer told me that I’d always have to disclose my conviction I didn’t question it, why would I? It was only through talking with my peers on theForum that I came to realise that the advice I’d initially been given was wrong and that I didn’t need to disclose my spent convictions at all. I applied for my own basic DBS check just to be certain and, sure enough, it came back clear”.

 

Lessons

There is a lot of incorrect and misleading information about criminal records and sexual offences and due to the nature of the offence, people like Luca find it difficult to seek information and advice. Having seen for himself that his conviction is now spent will no doubt give Luca the confidence to apply for many future jobs he feels he’s qualified to do.

Links

Notes about this case study 

This case study relates to our online forum.

Names and details have been changed to protect the identity of those involved.

Arthur – Using the disclosure calculator didn’t just help me, but others signing on with a recruitment agency

Arthur was disappointed to hear that a recruitment agency he’d tried to register with had refused to put him on their books due to his criminal record. He had used the guidance the agency had provided which stated that any prison sentence of over 2.5 years would never be spent and, as he’d received a 3 year sentence, Arthur had disclosed this to the agency.

It was only once he started to research whether the agency’s actions were lawful that he discovered that in March 2014 changes had been made to the Rehabilitation of Offenders Act which meant that it was only prison sentences of over 4 years that were never spent.

Arthur found links to Unlock’s ‘Is it spent?’ poster as well as the disclosure calculator which he used to confirm the date upon which his conviction would be spent. After inputting the details of his conviction, he was pleased to learn that it was already spent.

Arthur took a print out of the result together with information from Unlock’s InformationHub site to the agency and asked them to reconsider their decision to register him.

Arthur said:

“The disclosure calculator was such a great tool and gave me the evidence I needed to prove that my conviction was spent. The agency immediately registered me and I’ve been getting regular work through them. I’ve since noticed that there are copies of Unlock’s poster dotted about their office so it looks as though I won’t be the only one to benefit from Unlock’s work.”

 

Lessons

The disclosure calculator does not provide a formal record of whether or not a conviction is spent but as we’ve seen in Arthur’s case, it can help to get an employer or agency to review the guidance they’re providing to job applicants.

Links

Notes about this case study 

This case study relates to our disclosure calculator.

Names and details have been changed to protect the identity of those involved.

Felix – I’m now working in my dream job thanks to the information and support I was given by Unlock

After working for a bank for several years, Felix had applied for a new role as a mortgage broker. The bank had carried out a basic DBS check when Felix was initially employed but, as his convictions were spent, nothing was disclosed on his certificate. However, he had recently discovered that his new role would be FCA regulated and would require a standard DBS check. Felix contacted our helpline for some advice as he was unsure whether his convictions would be disclosed and if they were, whether he would be able to work as a mortgage broker.

We were able to confirm that as Felix had two convictions, neither would be eligible for filtering from his standard DBS check. We advised Felix that the FCA consider each applicant on their fitness and propriety and that the most important considerations are:

  • honesty, integrity and reputation
  • competence and capability, and
  • financial soundness.

We mentioned to Felix that although he would be working as a mortgage advisor, it wasn’t essential that he be FCA approved, it was enough that one individual in the company have approval.

Felix emailed the helpline a couple of days later with a copy of a disclosure statement that he’d put together, asking for our comments. He explained that the bank would be carrying out the standard DBS check, which was the level of check they requested for all their mortgage brokers.

Having read through the statement, we suggested that although it was important to provide details of his convictions, the statement shouldn’t be all about them. We advised Felix to demonstrate the successes he’d had since starting work at the bank and how his experience and financial astuteness would make him an ideal candidate for the role of a mortgage broker.

We contacted Felix several months later when he told us that although the process had taken some time, his application had been successful and he was now working as a mortgage broker.

Felix said:

“I cannot thank Unlock enough for the support they gave me throughout this process. As I was applying for a job with the same company that I was already working for, I wasn’t only worried about not getting the new job but also about losing my current one if my convictions came to light. The advisor at Unlock gave me lots of encouragement and reassurance and it was good to know that they were at the end of the phone whenever I had a query“

 

Lessons

Having to disclose a conviction to somebody that doesn’t know you is always difficult and Felix had the additional worry that he might lose his current job were his employers to find out about his spent conviction.

In this case. Felix had a great employment record with the bank and we encouraged him to highlight this in his disclosure statement, rather than dwell excessively on his previous convictions.

Links

Notes about this case study

This case study relates to Unlock’s helpline.

Names and details have been changed to protect the identity of those involved.

Published March 2020.

 

Caleb – Knowing that it was possible to challenge an ineligible criminal record check led to me getting a job in the NHS

Caleb contacted our helpline as he was concerned that a recruitment agency were going to carry out an ineligible criminal record check.

Caleb explained that he had a spent conviction for criminal damage from 2016. He’d always been very embarrassed about it and found it difficult to talk about and, it was for this reason that he made a point of only applying for jobs which required a basic DBS check (where his spent conviction would no longer appear).

After signing on with a recruitment agency, he’d just been offered an administrative role working for the NHS. The job was located in an office block in the city centre, miles away from the nearest hospital and, having checked the NHS website, Caleb had been pleased to see that he would only need a basic DBS check. However, he’d been told that for the first three months he would be employed by the recruitment agency before being taken on permanently by the NHS. The agency told him that they would be doing a standard DBS check and he was now considering whether to disclose his spent conviction to the NHS or turn the job down.

We advised that from the information provided, it appeared that the role would only be eligible for a basic DBS check and we advised Caleb not to disclose his conviction to the agency or the NHS at this stage. We suggested that when he went to the agency to complete the paperwork for his DBS check, he take a print out of the information on the NHS site which referred to a basic check and ask why the agency were doing a standard check for this particular role. If the agency insisted that a standard check were needed, we explained how Caleb could agree to the check and then immediately raise an eligibility query with the DBS. If the DBS found that the check was ineligible it would be stopped and the agency informed that the only criminal record check they could do would be a basic.

Caleb contacted us a couple of weeks later and said:

“I did exactly as Unlock advised and flagged up my concerns to the agency, showing them the information that I’d printed off the NHS site. The agency went ahead and did a basic check and of course, this came back completely blank. I started my new job a couple of weeks later.”

 

Lessons

There’s a lot of confusion around criminal record checks and it’s often assumed that where somebody is employed by the NHS, then a standard or enhanced DBS check should always be carried out. However, as can be seen from this case, where an individual will not be working in a hospital setting and won’t have access to patients, then it’s only necessary for a basic check to be carried out.

Had the agency gone ahead with a standard DBS check then not only would they have acted unlawfully by carrying out an ineligible check, they would also have breached data protection legislation by collecting and processing excessive data.

Links

Notes about this case study

This case study relates to Unlock’s helpline.

Names and details have been changed to protect the identity of those involved.

Published March 2020.

 

Wes – Having a better understanding of how much access an employer could have to my criminal record gave me the confidence to challenge an employer’s request

Wes contacted our helpline for some advice as he was concerned about how much access he should give a potential employer to his criminal record.

Wes explained that he’d applied for a job as a university lecturer following an approach by the Head of Faculty. He knew that as his role would bring him into contact with some students who were under the age of 18, he would need an enhanced DBS check, and he’d provided the university with a written disclosure statement to explain a conviction he’d received in 2015 and which he knew would appear on the certificate immediately he was offered the job. Wes had assumed that he would be asked to attend a meeting with the university to discuss these in further detail.

Wes told us that he was contacted by the university again and was asked to provide them with signed authorisation to allow them to have copies of his probation reports. Although he wanted to cooperate with the university as much as he could, he thought that this request was excessive and, as he’d had very few dealings with probation (he’d received a short community order) he didn’t think that they could add anything more to what he’d already disclosed.

We explained to Wes that legally the university could apply for an enhanced DBS check which they’d already done. If they wanted further information regarding the conviction, then good practice would normally be to invite Wes to a meeting and ask any questions they felt necessary to allow them to carry out a proper risk assessment. We advised him to refuse to give his consent but suggested that he give the university Unlock’s contact details as we would be happy to support them in this specific situation.

A member of the university’s HR department subsequently contacted us. We explained how the university could use the disclosure statement provided by Wes to carry out an initial assessment of his criminal record. If this assessment flagged up any particular concerns or the university felt it was necessary to have a more detailed disclosure, then this should be done in the first instance by way of a face-to-face meeting with the applicant.

Wes contacted us a couple of months later and told us:

“After I’d spoken to Unlock I emailed the HR department at the university explaining that as I’d had very little contact with my probation officer, I didn’t feel he could add anything to my disclosure. I offered to meet with a member of the HR department if that would help them to make a decision.

 

I knew that Unlock also spoke with HR and between us we managed to convince them that I was the best person for the job. They offered me the lecturers role and I started work at the university 3 weeks ago.

 

It was great to have the support of an organisation like Unlock. I didn’t want the university to think that I was being obstructive but I really didn’t think that contacting my probation officer would have added any value to my disclosure.“

 

Lessons

Information that’s disclosed on formal criminal record checks can be quite limited and trying to interpret this can often be difficult for an employer. Providing a disclosure statement which includes details of your offence and the circumstances surrounding it can give employers a better understanding of what happened.

Sometimes, a probation officer or other organisation that you’ve been receiving support from can provide further information or documentation to help reinforce what you’ve disclosed but, their involvement should be your choice. Generally, you’ll be the best person to explain what happened, why it happened and what you’ve done since.

Links

Notes about this case study

This case study relates to Unlock’s helpline.

Names and details have been changed to protect the identity of those involved.

Published March 2020

 

Thea – “Clear wording on application forms means applicants know what to disclose”

Thea contacted our helpline for some advice in completing a university application form. Thea explained that she had two old cautions which were eligible for filtering (and so would not appear on her enhanced DBS certificate). However, the wording of the university’s statement and question on their application form implied that she needed to disclose these old cautions and she was concerned that she would be refused a place if she did so.

The ‘Criminal Record Disclosure and Professional Registration Information” form that Thea was referring to stated:

Statement – “Your chosen route of study is exempt from the provisions of Section 4 (2) of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975. This means that you must declare ALL criminal convictions, cautions, reprimands or warnings, even if they are spent (e.g. you think they have been removed from the records or were juvenile offences), and include those outside of the United Kingdom.”

Question – “Have you ever received any cautions, convictions, reprimands or warnings in the UK or any other country? Has a Court or Court Martial ever convicted you of any offence or are you currently bound over?”

We explained to Thea that as her cautions would not appear on her enhanced DBS certificate then, legally, she didn’t need to disclose them to the university. We agreed to contact the university with recommendations on how to improve the statement and question in order that it complied with data protection legislation and also to ensure that applicants with a criminal record were clear about what they needed (and what they didn’t need) to disclose.

Despite contacting the university on a number of occasions, we received no response and felt that the only option available to us was to raise our concerns with the Information Commissioners Office (ICO).

The ICO agreed that the statement and question did not comply with General Data Protection Regulations (GDPR) and requested that the university review their processes and update the wording on their application forms to reflect that protected cautions/convictions did not need to be disclosed.

The university subsequently contacted us for our advice on improving their application forms. Their statement now makes it very clear that applicants do not need to disclose any protected cautions and/or conviction and the question now states:

Question – “Do you have any convictions, cautions, reprimands or final warnings that are not “protected” as defined by the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (as amended in 2013)?“

 

Lessons

Universities who offer courses in health and social care will be aware that these courses are exempt from the Rehabilitation of Offenders Act. However, there can sometimes be confusion around the need for applicants to disclose cautions/convictions which are ‘protected’.

Without any clear guidance, applicants may over disclose their criminal record which could mean that they are refused a place on a course and the university would hold information which they’re not legally entitled to.

As this case demonstrates, challenging the misleading statement and question ensured that future applicants are protected by data protection legislation and that the university is following this.

Links

Notes about this case study

This case study relates to Unlock’s casework

Names and details have been changed to protect the identity of those involved.

Published March 2020

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