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For people with criminal records
For people with criminal records

Category: Trustee

New briefing on the Charities Act 2016 – disqualification of senior managers and trustees with convictions

In 2017 we expect the new disqualification powers under the 2016 Charities Act to start.

These powers allow the Charity Commission to disqualify people (i.e. prevent them) from holding senior management positions, or from being a trustee of a charity, if they have certain criminal convictions – and a new waiver application process.

Unlock, Clinks and the Prison Reform Trust pushed for changes to the legislation, and we continue to work with Charity Commission and government on how these new powers might impact people with convictions, the charity sector, their current and future employees and trustees.

Both voluntary organisations and people with convictions need to understand the impact of this legislation; that’s why we will be producing guidance in early 2017. This new briefing, published jointly with Clinks, summarises what the disqualification is, some of the issues we have with it, and what we’re doing to support both people with convictions and the charity sector.

We’re keen to hear from people who will be personally affected by the changes when they come into force. Take a look at our questions to help understand if you’re affected, and how to get in touch with us.

You can find out more details about the work that we’re doing on this issue on our dedicated policy page.

Our response to the Charity Commission’s consultation on power to disqualify from acting as a trustee

We have today published our response to the Charity Commission’s consultation on power to disqualify from acting as a trustee

Background

  1. In May 2016, the Charity Commission launched a consultation on power to disqualify from acting as a trustee.
  2. Download: Submission: Unlock’s response to Charity Commission consultation on power to disqualify from acting as a trustee
  3. More information about our policy work on enabling people with convictions to become trustees and run charities

Timetable for implementation – Charities Act 2016

The Cabinet Office has published a timetable for implementation of the Charities Act 2016, which received Royal Assent on the 16th May 2016.

The relevant section that impacts on people with criminal records will come into force on 1st April 2017.

We’re working with the Charity Commission and there’ll be more news in the coming months. We’ll be posting updates onto our dedicated policy page.

The Charities Bill receives Royal Assent

 

 

 

 

 

 

 

On the 16th March, the Charities Bill received Royal Assent.

Following on from concerns raised by Sir Edward Garnier in January, we’re pleased to see that:

  1. The Government has delayed the introduction of the changes to a minimum of 12 months (which is up from potentially only 6 months) which gives charities and people affected by the changes a chance to understand them and prepare accordingly
  2. The Government has responded to our concern about how offences from overseas were going to be treated by, instead, applying the Rehabilitation of Offenders Act as it applies in this country
  3. The Charity Commission has set up a working group and will consult with charities on the review of the waiver process
  4. The Government is going to lay a report on the impact of the bill on people with criminal records

We’re now focusing our efforts on working with the Charity Commission to ensure that:

  1. The review of the waiver process results in a fairer and more inclusive approach towards dealing with people who have convictions that want to become trustees of charities.
  2. There is clear guidance available to both charities and individuals on the impact of these changes and how they can work with the waiver process

We will continue to keep the trustee section of our website up to date with news and developments as they arise.

 

Useful links

Progress is made on the Charities Bill

 

 

 

 

 

 

 

On the 26th January, the Charities Bill was discussed again in Parliament. Sir Edward Garnier MP, a patron of Unlock and a trustee of the Prison Reform Trust, raised a number of the concerns that we’ve been highlighting. He also discussed an amendment that he put forward.

There are some key extracts of what was said below, but in terms of progress, we’re pleased to see that:

  1. The Government has delayed the introduction of the changes to a minimum of 12 months (which is up from potentially only 6 months) which gives charities and people affected by the changes a chance to understand them and prepare accordingly
  2. The Government has responded to our concern about how offences from overseas were going to be treated by, instead, applying the Rehabilitation of Offenders Act as it applies in this country
  3. The Charity Commission has set up a working group and will consult with charities on the review of the waiver process
  4. The Government is going to lay a report on the impact of the bill on people with criminal records

We’re very grateful to the support of Edward Garnier for helping us in this work, and we’re now focusing our efforts on working with the Charity Commission to ensure that:

  1. The review of the waiver process results in a fairer and more inclusive approach towards dealing with people who have convictions that want to become trustees of charities.
  2. There is clear guidance available to both charities and individuals on the impact of these changes and how they can work with the waiver process

We will continue to keep the trustee section of our website up to date with news and developments as they arise.

 

Some key extracts from the discussion in Parliament

“A number of the provisions of clause 9 represent a direct threat to charities that work to rehabilitate people with criminal records, many of which employ former offenders either as trustees or in senior management positions…”

 

“Unlock’s direct experience and the support it has provided to other organisations have shown the waiver process to be inadequate and not workable in a way that allows charities such as Unlock to fulfil their charitable purposes. To ensure the process is fair and transparent, much greater clarity is needed regarding the criteria adopted by the commission in assessing waiver applications and the weight given to the views of the trustees of the charity or charities concerned.” Sir Edward Garnier

 

“Charities and the voluntary sector play a significant role in the support and rehabilitation of ex-offenders, and we should recognise and encourage their important contribution to reducing reoffending and helping former offenders to reintegrate into society. I want to ensure that the Bill’s provisions do not have an undue impact on that very important work…

 

“For the record, I can confirm that we will not commence the automatic disqualification provisions in clause 9 for 12 months following enactment…

 

“I have asked the Charity Commission to engage closely with rehabilitation charities, such as Unlock, as it develops new guidance on the waivers ahead of the commencement of the provisions. It has agreed to do so and has started to set up a working group to consider how the changes will be implemented. For example, it has invited several rehabilitation charities to a workshop in February to discuss the Bill and the implementation of these provisions” Rob Wilson MP, Minister for Civil Society

 

“I agree with my right hon. and learned Friend the Member for Harborough (Sir Edward Garnier) that, in extending disqualification, we must take extra care not to undermine the vital work done by charities involved in the rehabilitation of offenders. I am confident that the waiver process will allow those who have changed their ways a route back into charity trusteeship or senior management.” Matthew Hancock, Minister for the Cabinet Office

 

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Parliament Committee agrees to further restrictions on people with convictions becoming trustees and senior managers of charities

 

On the 6th January, the House of Commons Public Bill Committee discussed the Charities (Protection and Social Investment) Bill.

This was when the Committee got to look at Clause 10 of the Bill, which relates to the issues we’ve raised that will have an impact on people with convictions.

It was positive to see a number of the concerns we raised with the Committee brought up in the session. For example, Anna Turley MP said:

“Some issues remain to be ironed out, not least further understanding and mitigation of its impact on charities working in the criminal justice sector which help to support and promote the rehabilitation of offenders and which employ ex-offenders or—as with the excellent charity Unlock, for example—aim to have at least 50% of trustees with some experience of living with a criminal record. While these provisions pertain to unspent convictions, we have some questions that we hope the Minister will answer.

 

How many people employed in the charitable sector does the Minister expect to be affected by the extension of the disqualification framework to senior management positions? What assessment has been made of the impact of the new disqualification framework on former offenders employed in the charitable sector, including on their career prospects and long-term rehabilitation and resettlement? What assessment has been made of the impact of the legislation on charities that work with former offenders who are employed by community rehabilitation companies as part of the Government’s transforming rehabilitation reforms?”

We welcome the clear commitment from the Government to work with us. Rob Wilson, Minister of State for Civil Society, said:

“The commission has set up a working group to review its current staff guidance and the process of issuing waivers, as well as how information about waivers is communicated to those disqualified, so as to make it as clear and simple as possible. That has already involved rehabilitation charities, such as Unlock, and will continue to do so. The working group will also review the commission’s published information on this subject to ensure that it is consistent with its conclusions.”

We remain in opposition to the Bill and its proposals. However, we also recognise the need to take a pragmatic stance towards the changes on the horizon.

We have written to the Minister for Civil Society to seek further clarity about the numbers of people likely to be affected, and to seek assurances about the waiver process. We will also be working with the Charity Commission to improve this process.

Whatever happens, we plan to closely monitor the impact of the legislation.

We will continue to keep the trustee section of our website up to date with news and developments as they arise.

 

Useful links

Extension of disqualifications in charities bill are unnecessary

Charities working with offenders say tougher disqualification rules are a ‘direct threat’ to their mission, and could see 50,000 people automatically banned from being trustees. Unlock comments in this Third Sector article, click here to read it in full.

Extension of disqualifications in charities bill ‘unnecessary’

Today, we have published a briefing that we’ve produced in advance of a debate in the House of Commons this coming Thursday, 3rd December, when the Charities (Protection and Social Investment) Bill is due its Second Reading.

The concerns raised in this briefing focus on issues relating to criminal records, and represent the views of Unlock. Unlock is an independent award-winning charity that supports ex-offenders (a group which we refer to as “people with criminal records”) and seeks to remove the barriers that result from criminal records. Unlock is a peer-led charity – this means that we recruit staff, volunteers and trustees that have criminal records. At a board level, we aim to have at least 50% of our trustees who have personal experience of living with a criminal record.

These concerns have the support of a number of charities; the Prison Reform Trust, Clinks, User Voice, The Howard League for Penal Reform, Transform Justice, Centre for Crime and Justice Studies, and the Criminal Justice Alliance.

The concerns that we’re raising in this briefing were featured in an article by Third Sector last Wednesday.

Download the briefing here

There are proposals within the Bill that represent a direct threat to Unlock and to other charities that work to rehabilitate people with criminal records, many of whom employ former offenders either as trustees or in senior management positions. At the heart of the voluntary sector is the principle of working with our service users, rather than doing things to them. This is no less important with people in the criminal justice system than with any other group. Any unnecessary barriers to the recruitment of people with convictions as trustees and in senior positions is a threat to the core mission of our sector.

As the Secretary of State for Justice himself has stated, we should not judge individuals by the worst moments in their lives. Instead of seeking to narrow opportunities for ex-offenders to reintegrate and contribute to society, we should be supporting efforts to contribute to civil society through paid employment in the voluntary sector or as volunteers.

The provisions of the Bill, which extends the disqualification framework to a broader range of offences and roles within charities, will undermine the ability of people with criminal records to participate actively in society through legitimate voluntary and paid work. The automatic barring of people on the sex offenders register from becoming charity trustees is a crude and ineffective means of safeguarding children and vulnerable adults.

Although the Government acknowledges the potential for waivers to be issued in cases where an individual seeks to be a trustee of an “ex-offender” charity, our own direct experience and the support we’ve provided to other organisations shows the waiver process is woefully inadequate and not workable in a way that allows charities like Unlock to fulfil their charitable purposes. This briefing seeks to address these concerns as well as others that we have about the Bill.

In a comment I provided to Third Sector for their article last week, I said:

“The Bill represents a direct threat to Unlock and a number of other charities that work to rehabilitate people with criminal records, many of whom employ former offenders either as trustees or in senior management positions. The provisions of the Bill, which extend the disqualification framework to a broader range of offences and roles within charities, will undermine the ability of people with criminal records to participate actively in society through legitimate voluntary and paid work for charities.

Although the Government acknowledges the potential for waivers to be issued in cases where an individual seeks to be a trustee of an “ex-offender” charity, our own direct experience (and the support we’ve provided to other organisations) shows the waiver process is woefully inadequate and not workable in a way that allows charities like Unlock to fulfil their charitable purposes.

The automatic barring of people on the sex offenders register from becoming charity trustees and senior managers, a provision which was opposed by the former coalition government, is a crude and ineffective means of safeguarding children and vulnerable adults. It also defies rehabilitation legislation, as it would have the impact of taking into account convictions long after they become ‘spent’ under the Rehabilitation of Offenders Act.

We’ve put forward alternative proposals that would help achieve the important aim of safeguarding charities from abuse without the unintended consequences of the current provisions. Automatically barring people with criminal records from volunteering or working for charities is no way to help them lead a law-abiding life.”

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