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For people with criminal records
For people with criminal records

Category: Trustee

Unlock raises concerns as Charity Commission grants just six criminal conviction waivers

The Charity Commission has refused more than half of the applications it has received from people with criminal convictions who wish to serve as trustees or senior managers, prompting Unlock to call for a review.

In an article published on the Civil Society website, Christopher Stacey, co-director of Unlock, said he was concerned about the low number of applications and high number of refusals, and has called on the Commission to publish an independent review on how it arrived on those decisions.

Christopher said:

“It is concerning to see such low numbers of waiver applications and such a high proportion of refusals. We worked hard to help the Commission establish its waiver process so it would not undermine individual charity’s governance. These figures raise questions regarding the fairness and transparency of the waiver process.

“Waiver applicants have already demonstrated the value they can add to the charities they are looking to be involved in, and that the charity has considered the criminal record and put in place appropriate safeguards. We encourage the Commission to instigate and publish an independent review of the decisions it has made and how it arrived at those decisions.”

You can read the full article on the Civil Society website.

 

 

Appointing a trustee with a criminal record: reflections of a successful applicant and charity

This blog is the lived experience of a charity working within the criminal justice system that was recently successful in getting a waiver from the Charity Commission for a Trustee applicant that was “disqualified” because of their criminal record.

The blog has been written by the charity itself (including input from the charity’s chief executive and the individual that needed to get a waiver to become a trustee), but the details have been anonymised where necessary to protect the identity of the individual and charity concerned.

Context

“There are rules which disqualify certain people from being a trustee or senior manager of a charity. Being disqualified means that a person can’t take on, or stay in, a charity trustee position or senior manager position – even on an interim basis, unless the Charity Commission has removed (or ‘waived’) the disqualification.” (gov.uk)

“Automatic disqualification” (as it’s officially known) was extended to cover significantly more crimes through the passage of the Charities (Protection and Social Investment) Bill 2015. The background to the Bill was the very public failings of The Cup Trust and The Kids Company. The failing at both of these charities was driven by the senior management and Trustees of the organisations, none of whom had criminal records. In fact, no-one with a conviction had anything to do with these failings, yet they were the ones impacted by the resulting legislation.

Most people we speak to want those with convictions to reintegrate into society and to find a way to legally contribute to their communities as much as they are personally able to. Ironically, most people we know with convictions want to do the same.

Whilst it is entirely understandable that failings need actions, these actions can prohibit someone with a conviction from rehabilitating. Barring an individual with a criminal record from becoming a Trustee will not eliminate the risk that someone without a conviction may still cause a failing.

To help future applicants produce successful Trustee waiver applications, we aim in this blog to provide as much information as possible on how we approached the process (see Part two – Helpful hints & tips) but we will start by sharing the perspective of our Trustee applicant and charity CEO.

Part one – Our perspective

As challenging as we found the required work (we spent two months trying to decipher the requirements, drafting and redrafting the forms), as time-consuming as we found the process (it took nearly four months for what we were told would be a four-week turnaround), this was not as difficult as the emotional turbulence we had to navigate while applying.

Was this an appropriate and necessary level of scrutiny? Surely, there are much better ways of achieving the same intended outcome.

1. Positive intentions & negative experience

Charity CEO: “Despite the stated positive intention behind this process of protecting the best interests of the charity, it didn’t feel that way.

“The process itself felt degrading and patronising. Putting together the required documentation meant that all of our existing Trustees had access to information on the worst decision that the waiver applicant had ever made. That imbalance of information could warp the power dynamic present on the Board and unintentionally manifest all sorts of implicit biases.

“In addition, the way in which the letters had to be written further puts the waiver applicant in a degrading position: instead of taking an asset-based approach, beginning with the reasons why the applicant should be considered for a Trustee position, it takes a deficits and risk-based approach, requiring the charity to defend itself against the harm this person could cause going forwards.”

Waiver trustee applicant: “When a process is difficult, intrusive and drawn out it is only natural to get frustrated but remember it’s not directly the fault of the people you are dealing with. For me I handled this by remembering the ‘why’.

“Why am I doing this? I’m doing it because I am deeply passionate about helping people in a difficult situation. If I get frustrated or take anything too personally it risks me being able to do something that I passionately want to do. So be smart, work with the people involved and not against them. Be humble and grateful for anything they do to help you accomplish your goals.”

2. Contribution barriers

Charity CEO: “People with convictions are told (and often believe) that it’s important to give back to the community through volunteering. Charities are told (and often believe) that their governance bodies should include people with lived experience of the issues that they’re working on. For charities like ours working in the criminal justice sector, accountability to our stakeholders means we should have strong representation of Trustees with lived experience of the system.

“And yet, the barrier to doing so is high – potential Trustees with convictions need to go through a charity’s normal application process without any guarantee of being able to accept the role, even if it is offered to them, given the waiver requirement. They must then go through a non-transparent waiver application process, which could take any number of months, handled virtually by the Charity Commission without a stated contact for questions. For applicants who have recently left prison and are trying to navigate the challenges of re-entry to society, this would add even more uncertainty and instability at a pivotal stage in their lives.”

Waiver trustee applicant: “As anyone with a conviction will tell you, one of the things you have to learn quickly and accept, is that life will be harder from the moment you return to society. You will have to work harder than anyone else; likely have to accept lower compensation than everyone else; prove yourself far more than others have to – but you won’t be able to change this. The only approach that made sense to me was to see it as a challenge.

“Each hurdle I overcome gives me great satisfaction and enduring strength. Becoming a trustee is certainly one of those challenges and I would encourage any applicant to develop the same mind-set.”

3. An uneven playing field

Charity CEO: “In many ways, the waiver requirement felt like yet another restriction placed to curtail the power of charities to hire and recruit the talent we need to do our work well. Otherwise, why would this restriction only apply to charities and not to other types of organisations? I’m not recommending that it should; but if companies can freely choose their Board of Directors, why can’t charities?”

Waiver trustee applicant: “It is entirely proper that the governance and management of charities continues to improve, as indeed it should for any corporation. I very much support due process but wonder why it is applied to one group of people in exclusion. Why is it acceptable that companies can freely choose their Board of Directors but charities cannot?

“Vetting for positions of responsibility should be fair and unbiased and most importantly based on the merit of the individual. The Trustee recruitment process this charity ran was one of the most inclusive and comprehensive processes I have ever been a part of – public or private.

“Whilst I respect the due process of the Charity Commission in this regard, it should be aware of just how much importance charities place on good governance themselves.”  

Part two – Helpful hints and tips

Charity CEO: “Give yourself a good six months for this process (two to comfortably draft the documents, and four to receive the final decision). Ensure you address every point and subpoint, even if it feels repetitive. Prepare yourselves emotionally for the way in which you’ll need to write about a human being, and someone you respect enough to want on your Board (or Senior Management Team).

“And when you successfully complete the process, contact Unlock, and help them to demand change to this process. There is a much better way to ensure charities operate effectively, efficiently and in the best interests of the public without going through a humiliating process like this.”

Waiver trustee applicant: “The reason I wanted to write this blog was to help applicants and charities to understand the process a little better. The charity has done an amazing job laying out the roadmap of what needs to be done and by whom. I am honoured and excited to be joining their Board and look forward to contributing as much as I can.

“Follow this template carefully – it works. I also wanted to encourage all stakeholders to stick with it, the process is long and there are extended periods of radio silence. Charities and applicants alike remember why you are doing this – to be a resource for and to develop structures that really help people in need. Let’s get more Charity Commission waivers granted.”

Tips for approaching the application

Until this process is drastically changed, to save other charities some time, here is an honest take on what, how and why we drafted our application in a certain way in the hope that it can help you too.

The three sections you’ll need to prepare are:

  1. The covering letter
  2. A letter from the board (with e-signatures) – we recommend including an Appendix (see below)
  3. A letter from the waiver applicant (and application)

1. Covering letter

This was the easiest part: we’ve included an outline of what we submitted, which you can use to draft yours.

2. Letter from the board

The first obstacle was to understand what the Charity Commission guidance for the Trustee Letter meant. We struggled to find helpful, practical information – it took days of combing through various articles. We leaned heavily on the charity Unlock to support us.

We summarised the information to be covered in the Trustee letter in the list available here. We then drafted a letter with the same subject headings, and addressed each bullet point individually and in depth.

We then took a further step: of thinking through each of the concerns that people at the Charity Commission might have (whether rational or irrational) including stereotypes about people with convictions. We responded to each one proactively e.g. the waiver applicant would not be the treasurer, they would not have access to the bank account, they would not be an account signatory… Yes, it felt demeaning; but also it felt necessary to include to get the waiver approved.

We also included an appendix that had the role specification for the Trustee (skills, expected commitments), information on our charity, and details of the open recruitment process that we underwent to select them.

The whole way through, we worked collaboratively with the waiver applicant, keeping them updated at every stage. We wrote multiple drafts and sent them back and forth, ensuring we were aligned throughout. The final version ended up being 10 pages with some repetition throughout – but we covered everything.

3. Letter from the waiver applicant (and application)

We downloaded the application questions and pasted them into word, a more accessible format – especially as we learned it was possible to email in the form, rather than submit it through the online portal. Some questions were confusing too – we didn’t understand what they meant and kept circling back to Unlock for help. Again, the waiver applicant and I passed the documents back and forth until we felt it was ready to submit.

I want to add that the applicant’s letter requirements (which were required to be focused on their crime and remorse) made me question whether the net harm caused to the applicant, in the discomfort, degradation and patronisation that we were requesting them to go through, was really worth the net benefit to the charity and the public as a result of having them as a Trustee. We envision a society where criminal records don’t come into the employment process, and if they must, they are considered against pre-conviction and post-release records rather than simply the crime itself. Every person must be given a chance to move on.

Covering letter skeleton

To Whom It May Concern:

CHARITY, a registered charity (no. XX) supports the application for a Trustee waiver by APPLICANT NAME.

On behalf of the Board of Trustees of CHARITY, we unanimously confirm that APPLICANT:

  • Is our agreed and preferred appointment to the Board of Trustees to fill the skillset of XXXX, supporting our strategic growth plans
  • Has been selected through a comprehensive, rigorous and open recruitment process, including DETAILS OF INTERVIEW/APPLICATION PROCESS
  • Is uniquely placed to support the charity, DETAIL SKILLS/FIT
  • Is not regarded as a risk to the charity’s governance or assets
  • Will not be in the role of Treasurer or be a signatory to the charity’s accounts
  • Would most effectively support the charity’s governance and strategic growth plans as a Board Trustee.

This reference is signed by the complete Board of CHARITY

Trustee letter

The following sections need to be included in the letter from the Board of Trustees (based on information from Unlock):

  • Details of the recruitment process that led to the applicant’s appointment or proposed appointment. Here you should emphasise your recruitment process (open is best practice) and this applicant was the best appointment as a result of that.
  • Support for the waiver by the Board of Trustees. Whether a majority of the trustees support the waiver application
  • Details of the duties and responsibilities of the trustee position that the applicant holds or wants to take up. Explain any relevance (or otherwise) of the reason the applicant is disqualified to the roles and responsibilities of the position. For example, if an unspent conviction is unrelated to the position, explain this.
  • The applicant’s unique contributions. Why the trustees consider that the applicant is the best appointment, for example, what special skills does this individual have which are not otherwise available from other applicants? Here you should mention the relevance of your charity objects/purpose, and highlight the user perspective your applicant can provide in this role.
  • Why the applicant cannot act in an advisory capacity rather than act as a trustee. You should emphasise that you were specifically seeking trustees. You should express your belief that the role you have is one that the charity should have the ability to appoint an individual to.
  • The view of the board of trustees. The trustees’ views on the position and reputation of the charity if the applicant’s appointment is made or maintained. You should also emphasise here the repercussions on the charity’s reputation if the waiver is refused.
  • Risk management. Whether the trustees have assessed, and can manage any risk to the charity and its assets in making or maintaining the appointment. For example, if the disqualification reason is financial mismanagement, if you have decided the applicant will not be in a treasurer position.

More information

We have shared this blog to help charities and individuals feel more confident in applying for a waiver for someone who might be disqualified because of their criminal record.

We have more information about doing this through our “Changes to charity rules” project page, in our practical guidance for charities and in our guidance for individuals.

You can also find details of Unlock’s policy work on this issue.

Blog – What will be the impact of today’s charity rule changes?

There are over 11 million people in this country with a criminal record. Many of them play a vital role in contributing to the work of charities. There are many charities, including those working with people in the criminal justice system, that are ‘user led’ or actively involve their beneficiaries at a senior level in their organisation.

Almost anyone is allowed to run a charity, but there are rules that mean some people with a criminal record are prevented from being able to unless they have clearance from the Charity Commission.

Those rules have changed today (1st August 2018). Changes to the ‘automatic disqualification’ rules mean some people with certain convictions will be prevented from being able to run a charity, unless they have clearance from the Charity Commission. The changes cover a wider range of criminal records and apply to certain senior manager roles as well as trustee positions.

Unlock has long opposed these changes – we continue to argue that they are disproportionate and an ineffective way of protecting charities. However, pragmatically we also need to make sure that both charities and individuals respond to the changes.

But worryingly, awareness of the changes is low. Research of small charities carried out by the Foundation for Social Improvement in partnership with Unlock has shown a low level of awareness and understanding of these changes amongst the voluntary sector. Of the 83 respondents to an online survey held in July 2018:

  1. 70% were not aware of the changes
  2. On a small of 1-10 on how confident charities were on understanding the impact on people involved in the charity:
    1. 34% scored 1 (the least confident)
    2. 65% scored 5 or less
    3. Only 10% scored 10 (the most confident)
  3. 4 charities had identified individuals that might be directly affected (i.e. potentially disqualified), yet none of those individuals had applied for a waiver.

It’s important that charities of all shapes and sizes get to grips with these changes, not just those that work in criminal justice. If you particularly involve people with criminal convictions in your organisation’s leadership, it is vital to understand what you can do to support people who are effected to be involved.

We published guidance, with the support of Clinks, in February of this year, to coincide with a new ‘advance’ waiver system that people could use if they were affected by the changes coming in next week. We’ve now updated the guidance, published today, to reflect the changes having fully come into force –  to help charities understand these changes and look at what steps to take to maintain and increase the involvement of people with criminal records within charities.

Two main things are now covered in the latest guidance:

  1. Advice on checking your governing documents – it’s quite common for provisions in articles that prevent people from being disqualified. Depending on how they’re worded, it can mean that a waiver from the Charity Commission has no effect. We’ve sought legal advice and advice from the Charity Commission, and included examples of where this might cause a problem, and provided suggested wording.
  2. Sample declarations for charities to use for trustees and senior managers covered by the rules

We’ve also got guidance for individuals – to help people understand if they’re affected, we’ve got a simple online tool – and also detailed guidance on applying for a waiver. In practice, people that are disqualified can apply for a waiver which, if granted, will mean they can still take up the role that they were previously disqualified from.

Moving forward, there’s a big question about the impact of these changes. We’ve always been concerned that these changes will make it much more difficult for charities to involve people with criminal records at senior levels in their organisation.

Ultimately, it’s important that neither individuals nor charities think that these changes mean people with criminal records can’t be involved in charities – they can and they should. To help with this, we encourage charities to make a firm commitment to involving people from diverse backgrounds, including people with convictions (particularly given the strong links to over-representation of Black and Minority Ethnic groups in the criminal justice system) and recruiting people on their skills and abilities first.

We are also encouraging charities to take 4 simple steps in dealing with the rules:

  1. Work out who the new rules cover in your charity and check your governing documents
  2. Ask those people in roles covered by the new rules if they are disqualified
  3. Support any individuals disqualified
  4. Update your policies and practices for recruiting new trustees and certain senior manager positions

We expect the commission to grant waivers to people who are clearly adding value to the charities that they’re involved in, and we’ll be keeping a close eye on any decisions they make to refuse waivers. The number of waiver applications so far is small – only a handle of people with convictions have applied for a waiver since 1st February, and many are still awaiting a decision.

Over the coming months we will be supporting charities that have individuals affected, as well as supporting individuals that are applying for a waiver, and continuing our policy work with the Charity Commission.

 

 

 

More information

  1. A news post about the changes coming into force today
  2. Our updated guidance for charities
  3. Our updated guidance for individuals
  4. The charity rule changes page on our website.

New charity rules that impact on people with convictions come into force today

There are over 11 million people in this country with a criminal record. Many of them play a vital role in contributing to the work of charities. There are many charities, including those working with people in the criminal justice system, that are ‘user led’ or actively involve their beneficiaries at a senior level in their organisation.

Almost anyone is allowed to run a charity, but there are rules that mean some people with a criminal record are prevented from being able to unless they have clearance from the Charity Commission.

Those rules have changed today (1st August 2018). Changes to the ‘automatic disqualification’ rules mean some people with certain convictions will be prevented from being able to run a charity, unless they have clearance from the Charity Commission. The changes cover a wider range of criminal records and apply to certain senior manager roles as well as trustee positions.

Unlock has long opposed these changes – we continue to argue that they are disproportionate and an ineffective way of protecting charities. But in response to the implementation timetable set out by government and the Charity Commission, we published guidance for charities and individuals in February 2018, which we have now updated and published today to reflect the changes having fully come into force.

It’s important that charities of all shapes and sizes get to grips with these changes, not just those that work in criminal justice. If you particularly involve people with criminal convictions in your organisation’s leadership, it is vital to understand what you can do to support people who are affected by the new rules to be involved.

For individuals that are affected by these changes, our guidance for individuals (and online tool) is designed to help. If you think you need to apply for a waiver, or are in the process of doing so, please get in touch with our helpline so that we can support where possible.

Commenting on figures featured in news articles today in Third Sector and Civil Society, Christopher Stacey, co-director of Unlock, said:

“The figures that the Charity Commission has released today do not give any detail on how many of the waivers they have granted relate to people with a criminal record, and that is an important figure to being able to understand the impact of these changes and how well the waiver process is working.

 

“We know of some cases where individuals have waited months for a decision, and it’s concerning to learn that over 1 in 3 waiver applications are still being considered. Given that these decisions might have significant implications for people’s livelihoods, it’s important that the commission is making sure that it’s meeting its aim of making decisions within 21 days.

 

“Research of small charities has shown that 70% of organisations are not aware of the changes and the majority lack confidence in their understanding of the impact the changes will have on people involved in their charities. The fact that a third of the waiver applications so far were not applicable points to this lack of knowledge and confidence.

 

“Today, we’ve launched updated guidance, supported by Clinks, to help charities understand the changes and to look at what steps to take to maintain and increase the involvement of people with criminal records within charities.”

 

More information

  1. A blog by our co-director, Christopher Stacey, on the changes that came into force today
  2. Our updated guidance for charities
  3. Our updated guidance for individuals
  4. The charity rule changes page on our website.

Almost three-quarters of applications for waivers from charity trustees or senior managers who face possible disqualification, have not yet been dealt with by the Charity Commission

New rules that disqualify people from being senior managers or trustees of charities if they have committed certain offences, will come into force on 1 August.

In an article published in Third Sector, Christopher Stacey comments on how Unlock, along with the criminal justice charities Clinks and the Prison Reform Trust, wrote to the Charity Commission in May to raise concerns about the implementation of the changes and the delays in processing waiver applications. The delays, however, continue.

New guidance and tools published to help charities and individuals deal with changes to charity rules and criminal records

Update – 1st August 2018 – Changes to the rule come into force and we publish updates to the guidance mentioned below

Unlock, a leading independent charity for people with convictions, has today published guidance to help charities, as well as those involved in them, understand and prepare for changes to charity rules and its impact on people with criminal records.

From 1st August 2018, changes to the ‘automatic disqualification’ rules mean that there will be more restrictions on those who may run a charity.

Today’s guidance, Leading charities with conviction, coincides with the opening of the Charity Commission’s new ‘waiver’ system. From 1st February 2018, people affected by these changes may use the system to apply for advance clearance.

Commenting on today’s guidance, Christopher Stacey, co-director of Unlock and author of the guidance for charities, said:

“There are over 11 million people in this country with a criminal record, and they play a vital role in contributing to charities.

 

“We would rather not have had to write this guidance. We believe the changes to the rules are unnecessary and ineffective. But as they are coming in, people need to act now. It’s important that neither individuals nor charities think that these changes mean people with criminal records can’t be involved in charities – they can and they should.

 

“Unlock’s message is this: don’t wait until August. If you’re involved in a charity and find that, from reading our guidance you’ll be disqualified from August 2018 because of your specific criminal record, today is the first day from which you may apply for a waiver. If you’re granted a waiver, it means you’re no longer disqualified.

 

“It’s also important that charities get to grips with these changes too. Understanding of the current rules is low, so it won’t be surprising if these changes are met with confusion and uncertainty by charities. Charities will need to update their recruitment processes to reflect the changes to the rules. That’s why we’ve worked with Clinks, the national infrastructure charity that supports the voluntary sector working in criminal justice in England and Wales, to produce simple, easy to use guidance and tools that will help boards of trustees, senior staff and HR managers understand what they need to do to prepare.”

Anne Fox, Chief Executive Officer of Clinks, the national infrastructure charity that supports the voluntary sector working in criminal justice in England and Wales, said:

“At Clinks we know that people with convictions have as much to offer civil society and the voluntary sector as anyone else. We believe that with the right support every individual can transform their lives.

 

“For charities working in criminal justice people with lived experience of the system are key to the difference we can make in the lives of people with convictions and their families – improving the quality and impact of the services on offer, and enabling services users to build a new identity which supports their journey to desistance from crime. For the wider voluntary sector a diverse range of trustees and staff is vital to ensure a broad range of perspectives, skills and knowledge.

 

“It is vital that organisations understand and prepare for these changes and how they might affect their trustees and senior staff. We are delighted to be working with Unlock to support the sector to do this”.

 

For more information

  1. Unlock is an independent, award-winning national charity that provides a voice and support for people with convictions who are facing stigma and obstacles because of their criminal record, often long after they have served their sentence.
  2. There are over 11 million people in the UK that have a criminal record.
  3. Unlock’s website is unlock.devchd.com.
  4. High-resolution images for media use are available from Unlock’s Flickr account.
  5. Our guidance for charities is available to download from http://recruit.unlock.org.uk/guidance/charities/
  6. Our guidance for individuals is available from https://unlock.org.uk/advice/leading-charities-with-conviction/
  7. An online tool to help individuals work out if they’re affected is available at https://unlock.org.uk/information-and-advice//charitytool
  8. Landing page on our website – Changes to charity rules
  9. Details of the policy work we’ve been doing on the changes to the rules

 

Background

The current rules only apply to trustees. People with unspent convictions for certain offences, including dishonesty and deception offences, are prevented from being a trustee until they apply for, and are granted, clearance from the Charity Commission.

There are two main changes happening in August 2018:

  1. There are more offences covered – including people on the sex offenders register
  2. There are more roles covered – the rules will apply to senior manager positions such as chief executives and chief finance officers

Today we’ve published two pieces of guidance – one for charities and one for individuals – as well as a simple online tool that helps people work out if the changes affect them.

Changes to rules for charities and criminal records – coming soon

Changes to the ‘automatic disqualification’ rules that affect who can run a charity, and particularly people with criminal records, will come into force on 1st August 2018.

The current rules only apply to trustees. People with unspent convictions for certain offences, including dishonesty and deception offences, need to be granted a waiver from the Charity Commission before they can be a trustee.

There are two main changes happening in August this year:

  1. There are more offences covered – including people on the sex offenders register
  2. There are more roles covered – the rules will apply to certain senior manager positions such as chief executives and chief finance officers.

But don’t wait until August. People involved in charities need to work out if they’re affected, and charities will need to update their recruitment processes to reflect the changes to the rules.

If you will be disqualified when the new rules change on the 1st August, you can apply for a waiver of your disqualification by the Charity Commission from 1st February 2018. There’ll be an application form on their website from that date, and if you’re currently involved in a charity in a way that you’d be disqualified, you’ll need to apply for a waiver as soon as possible for you to continue after 1st August.

We’ve been aware of these upcoming changes for a couple of years, and we’ve been working with the Charity Commission to make sure that, given they were being implemented, the changes happened in a way that didn’t unnecessarily exclude people with convictions and that charities felt confident in understanding and applying the rules.

That’s why we’re publishing guidance for both charities and individuals, and this will be available from the 1st February. Updates can be found on our landing page for changes to charity rules or you can sign up to our mailing list.

 

Coverage

Third Sector

Civil Society

 

More information

  1. The Charity Commission announced these dates in their January 2018 news.
  2. Updates can be found on our landing page for changes to charity rules or you can sign up to our mailing list.
  3. Find out more about the policy work we’ve been doing on the changes to the rules.

Disqualified… from being a trustee or a senior manager

Later this year, the automatic disqualification rules will be extended to cover even more criminal convictions.

The new laws will automatically disqualify people with a wide range of criminal convictions from being charity trustees or senior managers. Those affected will have to resign or apply to the Charity Commission for waivers. In this Third Sector article, Christopher Stacey expresses his fear that this could have devastating consequences for many people and organisations when it comes into force in the autumn.

Delay to introduction of rules on charity staff and trustees with criminal convictions

Today Civil Society has published a piece on the extensions to rules disqualifying trustees and senior managers as a result of criminal convictions.

A Charity Commission spokesperson is quoted in the article, stating that:

“these changes will have significant impact on some individuals and we have always been clear that charities and affected individuals must have enough time to prepare for these changes properly. In order to do so fully, we are working with the Office for Civil Society to set a commencement date later in 2017.

 

“We consider that this should not before September and are hopeful that this will be agreed. We continue to work with a number of umbrella bodies and rehabilitation charities as we further develop these plans to ensure that charities, trustees and senior staff members have all the relevant information and enough time to take the appropriate steps.”

The original plan of government was to introduce these changes in April 2017.

We are pleased that the government and Charity Commission have listened to the concerns that we’ve raised by delaying implementation. We continue to have principled objections to a number of aspects of the new legislation, in particular the extension of the framework to senior managers and the inclusion of certain spent convictions and people on the sex offenders register. These changes are unnecessary and will be an ineffective way of protecting charities.

A delay to implementation will enable the government to carry out the proper impact assessment of these proposed changes that it has committed to do, so that this can be considered as part of the implementation process. It will also give the commission the time it needs to produce clear guidance on the new framework and establish a sensible waiver process. The retrospective impact of these changes means that the commission needs time to support both charities and individuals affected and ensure that individuals are able to obtain waivers ahead of these changes coming into force.

We understand that the commission remain committed to raising awareness and publishing guidance at least 6 months in advance of any changes coming into force. We’ll be keeping our policy section updated as this progresses.

 

 

Are you disqualified from acting as a charity trustee or senior manager?

The Charities (Protection and Social Investment) Act 2016 means people with unspent convictions for specific offences, as well as those on the sex offenders register are automatically disqualified from acting as trustees or senior managers.

As a charity that exists to support the efforts of people with convictions in moving on positively with their lives, and as an organisation which itself seeks to recruit trustees and leaders who themselves have convictions, we are concerned about the impact of this. Ultimately, we think that the changes brought in by the 2016 Act are disproportionate and an ineffective way of protecting charities.

You are likely to be affected if you:

  • have unspent convictions for dishonesty-related offences, deception-related offences, money laundering or terrorism-related offences

or

  • are on the sex offenders register.

We’re gathering evidence from people who are impacted by the disqualification rules.

What we need from you

If you have are automatically disqualified from acting as a trustee or senior manager because of your criminal record and have been (or will be) affected by the rules in some way, contact us at policy@unlock.org.uk using the subject header ‘Call for evidence: CC disqualification’.

Please include:

  • Your name
  • Contact details (email and telephone) and how you’d like us to contact you
  • Details of your criminal record
  • Information on how the disqualification rules have affected you – did you have to give up a position you were already in? Have you applied for a position but been turned down by the charity?
  • Have you applied to the Charity Commission for a waiver – and were you successful?
  • What you think should change
  • Whetther you would be willing to take part in publicising this issue (this is for our reference, we won’t share your details with others)

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