Toni recently contacted our helpline for some advice around what she needed to disclose when applying for a job as a teaching assistant in a school. One of her main problems was that she was unsure of the exact details of her conviction.

We advised Toni to apply for a subject access request (SAR) from ACRO as this would provide her with the exact details of her criminal record. She could then use this to work out whether there was anything on her record that she needed to disclose.

Toni contacted us again immediately she’d received her SAR. As it showed that her one conviction had three counts to it, we were able to clarify that under current DBS filtering rules (the technical term which allows for certain cautions and convictions to be removed from standard and enhanced DBS certificates) it wouldn’t be eligible for filtering because the three counts would be classed as multiple convictions.

We explained to her that as a teaching assistant role would usually require an enhanced DBS check she would have to disclose her conviction to her employers. We made her aware of how she could use a self-disclosure statement as a way of disclosing her conviction, if she felt more comfortable doing it that way. This would also serve as a way of providing evidence of her disclosure.

A couple of months later, Toni told us that she’d disclosed her conviction to the school and although she’d had to attend a further risk assessment interview, ultimately she’d been deemed to be no risk and was offered the teaching assistant role.

Toni stated:

“It was really good to have an organisation like Unlock to talk through my problems with. They helped me deal with things one step at a time and encouraged me to apply for the job once I knew that my conviction would show up on the DBS certificate.”

Lessons

This case demonstrates the importance of knowing the full details of your criminal record before you start applying for work and a subject access request is a good starting point to help you work out what you legally need to disclose.

It’s good to see a school, who are often seen as being very risk averse, willing to conduct a balanced assessment and disregard a conviction which they did not feel was relevant to the work that Toni would be doing.

Links

• Practical information: Disclosing criminal records to an employer
• Practical information: Police records – Subject access request

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 January 2020

Sheila contacted our helpline for some advice after she’d booked a family holiday to America.

Sheila explained that after completing the Electronic System for Travel Authorisation (ESTA) form which had been approved, she started to worry that she should have disclosed her husband’s criminal record from 2011. Stories she’d read online seemed to suggest that on arrival in America the American authorities would be aware of his conviction and immediately deport him.

We explained to Sheila that we were aware of many people with convictions who had travelled to America on an ESTA without any problems. We informed her that UK passports contained no link to the Police National Computer (PNC) and therefore US immigration wouldn’t be able to see details of her husband’s criminal record when they scanned his passport. The stories that Sheila had seen online related to a family who were known to the UK police and whose passports had been ‘flagged’ with an Interpol alert notice.

We advised Sheila that biometric data (fingerprints and iris scan) would be taken on entry into America which would then link to their passports but not criminal record data in the UK.

On her return from America we contacted Sheila who stated that her husband had been picked out for a random check on entry into the US. He denied having any convictions and was allowed entry into the US using his ESTA.

Sheila told us:

“We had a fantastic, relaxing and enjoyable holiday in the USA and can’t thank you enough for putting our mind’s at rest.”

Lessons

This case demonstrates that it can be relatively easy to travel to America on an ESTA, even if you have a criminal record. However, if you’re picked out for a random check at passport control you will have to continue to deny that you have a criminal record which many people would find difficult to do.

Many people understandably prefer to go down the official route of applying for a visa. If you take this option, make sure that you leave enough time; it can take up to six months for a visa to be granted.

If you’re looking to live or work in America at any time in the future then it’s probably best to go down the official visa route. Applications for work or residency visas could flag up the fact that you’ve previously travelled using an ESTA which you shouldn’t have done.

Links

• Practical information: Travelling to the US – Travelling without a visa
• Practical information: Information contained on UK passports

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 January 2020

Harold recently contacted our helpline for some advice after his local council refused him a taxi licence due to the non-disclosure of his historic convictions.

He explained that as his convictions were from 30 years ago, he’d assumed that they were spent and therefore didn’t need to be disclosed. Immediately he became aware that his convictions had been disclosed on his enhanced DBS certificate he’d contacted the council and asked for the opportunity to explain the circumstances surrounding them. This had been refused.

Believing that the council had acted unfairly in not allowing him the chance to explain his omission, Harold appealed to the magistrates court and had been given a date for a hearing. He was looking for some advice on how he could demonstrate that he should be given his taxi licence.

We advised Harold that as he had more than one conviction, they would not be filtered from his enhanced certificate. Although he’d made a mistake in assuming that his convictions wouldn’t show up on his DBS certificate, it was likely that the council would have seen this as a ‘breach of trust’. This was likely to have contributed to their decision to refuse his taxi licence.

We suggested to Harold that he:

1. Make it clear to the court that he wasn’t trying to hide his convictions from the council. His non-disclosure was as a result of his lack of understanding around the disclosure laws.
2. Explain that his convictions were historic (over 30 years old) and not relevant (minor and not a safeguarding issue) and should therefore be disregarded with regards to his taxi licence application.

Harold contacted us several weeks later to tell us that the magistrates had found in his favour and he had been granted his taxi licence. He also stated that the magistrates had been critical of the council for not letting him discuss his historic convictions prior to declining his application.

Harold said:

“I never intended to deceive the council, I was sure that as my convictions were so old I didn’t need to disclose. I was amazed when I wasn’t given the opportunity to explain my convictions and my application was dismissed out of hand. The advice I received from Unlock and the sensible attitude taken by the court meant that I’ve now got my taxi licence.”

Lessons

This case demonstrates that where you have the evidence to support your case, it is possible to successfully overturn a council’s decision through the courts. The rules around disclosure can be complicated and it’s not always the case that non-disclosure is a deliberate attempt by an individual to hide their criminal record. In Harold’s case the court were very critical of the council’s decision not to give him the opportunity to disclose his convictions once they’d been revealed on his enhanced DBS certificate.

Links

• Practical information: Applying for a licence to become a taxi driver

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 September 2019

Charlie contacted our helpline for some advice around disclosing his criminal record. He explained that he’d been working in a warehouse through an agency but had been asked to apply directly to the employer for a full-time, permanent role.

The company had told him that they would be carrying out a basic criminal record check but he wasn’t sure of the date or details of his conviction or whether they were spent and needed to be disclosed.

We advised Charlie that without the details of his convictions it was difficult to know whether they were spent or not. We advised him to wait until he’d received his basic certificate and, if his convictions did appear then he should arrange a time to meet with his line manager or somebody from the HR department so that he could disclose his convictions to them.

We suggested that if he needed to disclose his convictions he should:

1. Be open and honest and encourage the employer to ask any questions they felt necessary to enable them to make a fully informed decision.
2. Explain that his convictions happened when he was a youth and give details of any mitigating circumstances that might explain why he acted in the way he did. Also, to explain what he had done to address his offending behaviour and change his life following his convictions.
3. Provide evidence of any voluntary/community work he has completed or paid employment.
4. Highlight how he has already worked for the company for 6 months on an agency basis and that he had been encouraged to apply for a full-time, permanent position due to his exemplary work record.
5. Make it clear that he is not a risk to the employer or anyone he comes into contact with.

We recommended that he put together a self-disclosure statement which could help him with his disclosure but which he could also hand over as evidence of what he’d disclosed.

We contacted Charlie a couple of weeks later. He told us that his basic DBS check had come back with his convictions on it and so he’d arranged to meet with somebody in HR to discuss it’s contents.

Charlie stated:

“I was really grateful for the information and advice that Unlock provided and, as soon as I received my basic DBS certificate I arranged a meeting with HR.  They asked me lots of questions after which they told me that they’d be happy to take me on.”

Lessons

This case demonstrates how important it is to know the exact details of your criminal record before you start applying for jobs. If you’re unsure of what’s on your record you could easily over or under-disclose. The best way of getting this information is to apply for your subject access request (SAR) from ACRO.

Applying for jobs with a criminal record can be difficult but as this case shows, there are employers that are willing to take on people who have convictions providing they have the necessary skills and experience to do the job.

Links

• Practical information: Disclosing criminal records to employers

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 January 2020

Our helpline was contacted by a lady who was extremely concerned about a form her daughter had received following her university application.

The lady explained that her daughter had applied for a teacher training degree and had been asked to confirm that nobody she lived with had any unspent convictions which would mean that she was disqualified from teaching (disqualification by association).

Following a Department of Education (DoE) consultation in 2016, the government announced that it was scrapping ‘disqualification by association’ in July 2018. We immediately contacted the DoE and raised our concerns that this particular university was still using disqualification by association as a way of rejecting applicants from its teacher training course. The DoE agreed to contact the university advising them to withdraw the disqualification by association (DbA) form immediately.

We were subsequently informed by the DoE that the university had withdrawn the form and any reference to DbA. The university had also contacted everybody who had been sent the form asking them to ignore it as it had been sent in error. Anybody who had completed and returned the form was told that it would be destroyed and disclosure of any information would be ignored.

Lessons

This case demonstrates how universities can be unaware that legislation has been amended or ‘scrapped’ resulting in them continuing to seek information which is no longer relevant or required from an applicant.

By highlighting this issue with the DoE we were able to ensure that this university is now fully compliant with the new legislation but also altering the DoE to the fact that other universities may also be doing the same thing.

Links

• Practical information: universities, colleges and education.

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 January 2020.

Davina contacted our helpline as she needed some advice around an application to university.

She was applying for a nursing course which would require an enhanced Disclosure and Barring Service check but she was unsure whether her conviction for common assault from 2015 would be disclosed on her DBS certificate.

We explained to Davina that currently her conviction for common assault would show up on her enhanced check (as it would not be eligible to be removed through a technical process known as ‘filtering’ as she’d only received it four years ago; but it wouldn’t show up 11 years after the conviction).

We encouraged her to apply for the course and reassured her that once she’d disclosed her conviction the university should carry out a risk assessment. Having a conviction didn’t mean that she would automatically be refused entry to the course.

We referred Davina to our information hub page on self-disclosure statements (often referred to as a disclosure letter), suggesting that some people found it easier to use this as a prompt when disclosing their convictions. It also meant that the university would have a written record of her disclosure.

Davina contacted us again several months later to let us know that she’d been offered a place on the nursing course. She said:

“After I disclosed my conviction, the university carried out a thorough risk assessment. They told me that my conviction was not relevant to the course and I didn’t pose any risk to patients or other students. I’m so pleased that Unlock encouraged me to continue with my application.”

Lessons

Many people who contact our helpline believe their convictions will stop them being accepted onto university courses, particularly courses which lead to work in regulated activity (nursing, teaching etc) and which can be quite risk averse.

This case demonstrates that many universities conduct thorough risk assessments but, where an applicant can demonstrate that their conviction isn’t relevant to the course and they don’t pose a risk to the university or any one they come into contact with, they will often be offered a place.

Links

• Practical information: Applying to university
• Practical information: Self-disclosure statements

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 September 2019

Yuki contacted our helpline for some assistance regarding an application her husband had made to travel to Australia. When booking flights to visit her family in Australia, Yuki didn’t think that her husband’s old conviction from 25 years ago would present a problem.

However, when applying for his e-visitor visa he’d read that as part of the eligibility requirements;

“You must not have any criminal convictions, for which the sentence or sentences should not equal a total of 12 months duration or more (whether served or not), at the time of travel to, and entry into Australia.”

As her husband had received an 18-month suspended sentence it would be necessary for him to pass ‘the character requirement’. He was concerned that he’d not left enough time to make his application and that potentially he might fail the test if he was deemed to have a ‘substantial criminal record’.

He had applied for all the necessary accompanying information (for example his police certificate) and we suggested that he also provide evidence of what he’d achieved since his conviction (for example the fact that he is now married with a family, has a good job and is involved with local community groups in his area).

Yuki got back in touch with us on her return from Australia to let us know that her husband’s visa had been approved and he was able to join his family for the last 2 weeks of their 3 week holiday.

Yuki told us:

“We’d been planning this holiday for some time and the thought that my husband wouldn’t be able to join us really took the edge off our excitement. We were delighted when we knew that he was going to be able to fly out and meet us – seems like miracles do happen sometimes”.

Lessons

Many people will assume that once their conviction is spent it will have no impact on their ability to travel overseas. However, as this case demonstrates the Rehabilitation of Offenders Act does not apply when travelling overseas and in some cases it will be necessary to disclose old convictions which may prevent you from travelling.

Where visa decisions are considered on a case-by-case basis, it’s important to demonstrate the positive steps you’ve made to turn your life around.

Links

• Practical information: Travelling to Australia

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 September 2019

Brinley recently contacted our helpline following a job offer as a business development manager with a commercial cleaning company. On his first day in the job Brinley was surprised to be asked to give his consent to an enhanced Disclosure and Barring Service (DBS) check as he’d assumed that they would only be carrying out a basic check.

Although Brinley’s old conviction was spent and wouldn’t appear on a basic check, it would still show up on an enhanced check (as it wouldn’t be eligible to be removed under a technical process known as ‘filtering’). Throughout the recruitment process, Brinley had only been asked about unspent convictions and therefore hadn’t disclosed to his new employer.

Following research he’d carried out, Brinley believed that his employers were potentially going to be carrying out an ineligible DBS check. Wanting further reassurance before he took the matter further, he forwarded us a copy of his job description. We were able to confirm that in our opinion, his role would only be eligible for a basic check and that he should challenge this through the DBS.

As suggested, Brinley challenged the ineligible check through the DBS who put it on hold pending further investigation. Several weeks later he was told that the enhanced DBS check had been withdrawn, as the registered body had come to the conclusion that the role was not eligible for an enhanced DBS check.

Brinley stated:

“I was pleased that Unlock agreed with me that an enhanced check was ineligible and this gave me the confidence I needed to challenge it through the DBS. My employer carried out a basic check which, as expected, came back clear. Even though my conviction was old and happened when I was very young, I didn’t think that my employers would be able to see past the fact that my DBS wasn’t clean.”

Lessons

Many employers are unaware of the legalities around criminal record checks and, if they don’t receive good advice from a registered body, then ineligible checks may be requested.

As this case demonstrates, where you believe that an ineligible check is being undertaken and you have evidence (for example a job description) to back this up, it’s always worth challenging it through the DBS. Brinley had a positive outcome which meant that he was able to keep a job which potentially may have been withdrawn had an enhanced DBS check been carried out.

Links

• Practical information: Eligibility for standard and enhanced checks
• Practical information: Challenging an ineligible DBS check

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 September 2019