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Category: News & Media

Monthly update – April 2019

We’ve just published our update for April 2019.

This months update includes:

  1. An advice post setting out the information an employer sees when they use the DBS Update Service to check a criminal record.
  2. An update to our GDPR and data protection – Guidance for individuals page to include a section on taking action against employers when your information rights have been breached.
  3. A personal story highlighting an individuals experience of volunteering as a helpline advisor for Unlock.
  4. A link to a discussion on theForum raising concerns about employers who have blanket bans on the recruitment of people with a criminal record.
  5. An update on the work we’ve been doing in supporting universities to develop fair admissions policies for applicants with previous criminal records.

The full update provides a summary of:

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

Read the April 2019 update in full.

Best wishes,

Unlock

Notes

University admissions: what’s changed?

Following the decision by UCAS to remove the question about criminal convictions for all applicants, universities had to consider if, when and how to collect this information. UCAS still ask applicants to regulated programmes – for example medicine or teaching – to declare criminal records. Having worked with UCAS and universities for some time, we felt this was an important opportunity to support universities to develop fair admissions policies for applicants with previous criminal records. This blog details the work we have been doing in the last year or so, what we have learned so far and our plans for future work in this area, and has been written to coincide with the recent UCAS Admissions conference, at which our co-director Christopher Stacey appeared.

In September 2018 Unlock began work with three universities – Southampton, Cardiff and Goldsmiths – on a year-long project to develop best practice admissions policies for applicants with criminal records. The three universities were selected to reflect different size, location and student body, and because they had an interest in the subject – Southampton and Cardiff were involved in the UCAS working group from an early stage, and Goldsmiths have hosted the award-winning Open Book for over a decade.

Unlock’s approach to universities has always been to recognise that different functions have different needs: this means recognising the various parts (admissions, accommodation, Tier 4 visas, careers) require different information and different management. When UCAS collected criminal records information from all applicants, universities had access to this at the outset and could share it across departments. The removal of this question – and the constraints of the GDPR – mean that universities must carefully develop new ways of collecting and sharing necessary information. The first task is to identify whether criminal records information is really necessary. The project was designed to focus on admissions, whilst recognising that this is only the first stage of the student journey.

Supported by the UPP foundation, the project has three objectives: fair admissions policies in place at each university; a toolkit for other universities to use to develop fair admissions policies; a fair admissions pledge for universities to sign up to. To date, each of the partner universities have published their new policies and – well, two out of three isn’t bad.

Southampton and Cardiff were both represented at this April’s UCAS Admissions conference where they set out their approach in detail. In summary, neither are asking a mandatory question about criminal convictions for non-regulated courses. Instead, applicants are given the opportunity to disclose licence conditions or restrictions that could hamper success. This helps applicants feel confident that they will be treated fairly. Where students might find it difficult to complete the chosen programme because of restrictions, the university can advise on adjustments or alternatives.

Goldsmiths elected to follow their existing policy – asking all applicants to declare unspent convictions. This will happen at enrolment stage (in August) and applicants to non-DBS courses will be risk assessed before a final decision to admit (or not) is made. It’s not clear whether the applicant will be involved in this process. Unlock’s position is that asking all potential students about unspent convictions, potentially asking them to provide references from criminal justice practitioners or others, is unnecessary and unfair, and that concerns about safeguarding or capacity to complete the course could be managed by asking about restrictions. It is unclear whether students will be offered support or whether adjustments or alternatives will be offered. Furthermore, asking at such a late stage means that applicants may turn down other offers only to be rejected by Goldsmiths. Disappointingly, Open Book merits only a cursory mention in the published policy.

You can read more about each of these universities approaches on our project page.

What have we learned?

Three overarching ideas have emerged over the course of the project so far, and we encourage other universities who are considering if, when and how to ask about criminal records to bear these in mind.

  1. Take a ‘whole institution approach’: Identify what information is necessary – or not – at different stages in the student lifecycle; bringing decision makers together, as well as looking at support for students
  2. Focus on inclusion: ask ‘how can we safely include’ rather than ‘how can we legitimately exclude’. Applicants with criminal records are a diverse group and fir into traditional widening participation groups. Excluding people because of their past is likely to result in exclusion of under-represented groups
  3. Words matter: Policies of all kinds reflect the values and culture of the university. An inclusive culture begins with inclusive language. Compare the following opening paragraphs:

‘The University is committed to widening participation, and ensuring that all students with the potential to succeed, regardless of their background, are encouraged to apply to study with us. This includes welcoming applications from individuals who have previously been convicted of a criminal offence.’ (Southampton)

Compared with:

‘To help reduce the risk of harm or injury to our students and staff caused by the criminal behaviour of other students, we must know about any relevant criminal convictions that an applicant may have. If you have a relevant criminal conviction you must let us know.’
(LSE)

Or

‘We welcome applications from people from all backgrounds with the potential and determination to succeed on our programmes of study. Cardiff University understands that, for applicants with a criminal conviction, accessing education can be an important part of moving on and gaining the skills, knowledge and qualifications necessary to tackle the challenges of employment. Having a criminal conviction is not an automatic bar to enrolling on a programme of study at the University.’ (Cardiff)

Compared with:

‘The University is committed to the fair treatment of all applicants and having a criminal record will not necessarily bar an applicant from gaining admission to the University.  However, the University recognises its duty to protect its students, staff and others within its community and reserves the right to exclude an individual from a course of study, or from the University, where their attendance would pose a threat to the safety or property of staff, students, visitors, those coming into contact with the applicant during their studies, or others involved in University business; or would be contrary to the law or the requirements of any relevant professional, statutory or regulatory body.’ (Roehampton)

If your university is committed to widening participation an including all under-represented groups, the language you use to address them is the starting point.

Since the project began we have become aware of a variety of approaches. UCAS have surveyed all universities and it appears that about 60% of universities who responded are asking about criminal records at some stage. Westminster were first to make the decision to only ask a voluntary question about restrictions post offer; Birkbeck, Essex, the Open University and Newcastle are doing the same. The Universities of Brighton and Sussex, Winchester and Kingston will not be asking at all from an admissions perspective but we hope they will look at how they can provide support to students who may need it. The aims of asking vary – from ensuring students are able to complete their course to providing advice and guidance on careers and pastoral support.

What next?

Our principles of fair admissions will form the basis of our toolkit for universities and the fair admissions pledge. The next phase of the project is to publish the toolkit for other universities later in the spring, and launch a pledge for fair admissions by the end of summer.

We’re also building a map of what other universities are doing – there are over 160 institutions offering higher education in the UK, and we want applicants with criminal records to know what they can expect.

Our longer term focus is on the retention and success of students with convictions – how universities can support them to achieve their potential, and to successfully transition into employment. This includes academic and pastoral support and links with employers. Education can be transformative, and universities have an opportunity to help transform the lives of individuals with convictions and their communities.

If you’d like to know more about our university work or to find out about the support, contact us.

Written by Rachel Tynan.

Blog – Westminster Hall debate on the disclosure of youth criminal records

The 28th March saw a Westminster Hall debate on the disclosure of youth criminal records (read here or watch here). This followed the publication of the Justice Select Committee’s report on the subject, back in 2017. The report itself was a result of the Committee’s inquiry into disclosure of youth criminal records, launched in 2016, and in some ways a follow-up to their inquiry on the treatment of young adults in the justice system.

Bob Neill MP, Chair of the Committee, introduced the debate and thanked Unlock and the Standing Committee for Youth Justice for the evidence we provided. As part of the inquiry, we had arranged a seminar for Committee members and people with convictions to meet and discuss the impact of disclosing criminal records from childhood.

The government had committed to considering the Committee’s recommendations following the Supreme Court’s ruling on the filtering rules.

The debate was well informed and MPs highlighted the effects of disclosure on employment, education, housing, travel and insurance. Key points included:

John Spellar: “Is not there also an overall, macroeconomic issue, particularly as a number of employers are expressing concerns about shortfalls in labour either leading up to or following Brexit? Artificially restricting people from working and, indeed, from advancing is not just bad for those individuals, shocking though that is, but very bad for society and the economy.”

Bob Neill: “Low-paid and unsatisfactory jobs create burdens at every level, so the point is entirely true”.

David Lammy: “Trident – They were the ones who said to me, “Could you put this [criminal records] into your review? We are aware of a group of offenders who reach about 25 or 26 years old and want to move away from their criminal past but continue to reoffend because, as they grow up, they cannot get a job due to the [disclosure] regime that we have.”

This, in particular, resonates at a time when serious youth violence is dominating the headlines. What hope is there of reducing violence if young people with even minor criminal records see that it is impossible for them to get into legitimate, sustainable employment? This has an impact on these young men, their communities and wider society. As Victoria Prentis said:

“Does ruining their lives serve any real, practical purpose for the rest of society?”

The fundamental issue is the purpose of ongoing disclosure, and whether the existing regime delivers on that purpose – or actually hampers other good work going on in the justice system.

As David Lammy said, the Supreme Court judgment provides an opportunity:

“The Supreme Court decision could be interpreted narrowly by the Government, but from reading the report, the Committee’s mood suggests that it is an opportunity, notwithstanding all that is going on in Parliament, for the Government to take a broader view and to review our criminal records regime.

“My view is that there should be a balance between a rules-based system, which is largely what we have, and which is clearly cheaper—that is effectively why we have it, because there is time and one makes a judgment about spent convictions and disclosure—and a system that is slightly more sophisticated and might cost slightly more. There is a question about who pays. In the Canadian jurisdiction, the individuals seeking to get their criminal records looked at again pay for the system. In my view, a parole board, a magistrate or a judge could make the assessment.”

David Hanson has recently published his review into prison education provision in Wales. In the debate, he said:

“We focus in the report on training, employment and through-the-gate services, including prison and youth offender institution training and community rehabilitation companies in adult prisons and elsewhere…but whatever the system does with that training, someone ultimately has to get a job with a public sector body or an employer.”

Ban the Box was supported by all contributors – it’s not a silver bullet, said Bob Neill, but a base on which to build.

The Civil Service has now rolled out Ban the Box across all departments, and Liz Savile Roberts MP asked how many people with criminal records were employed in the Ministry of Justice – more on this later.

David Hanson is a keen advocate for Ban the Box. As he put it:

“The simple idea…is that disclosure happens after the job interview and job offer. The right to refuse is still there, but the judgments are made on the merits of the application and the individual in front of the employer—not on a conviction that may have happened some years ago.”

This is exactly the approach Unlock advocates: ask about criminal records only after an offer has been made (although we know not all Ban the Box employers do it this way).

As David Lammy highlighted, it’s important to understand where Ban the Box sits within reform of criminal records disclosure:

“…the problem with that initiative is, first, that it is voluntary and, secondly, that it is about the recruitment stage? The fundamental point about the work by the Select Committee and others who have raised this issue is that, beyond recruitment, there are questions about whether things should be disclosed to employers in the first place. It would be important for the Government not to lose that principle.”

There were many other excellent points made but I want to turn now to the responses from Edward Argar, Parliamentary Under-Secretary of State for Justice, on behalf of the government. The government has yet to formally respond to the Supreme Court’s judgment in the cases of P and others. No formal response was forthcoming here either, instead the Minister said:

We work closely with the Home Office to give these things proper consideration. Although that judgment has been handed down, the order behind it has not yet been sent over to us. We await that order. When it is received, it is important that we are speedy and timely in addressing it.”

The Minister agreed that employment is a crucial factor in reducing reoffending – which costs 15bn a year on some estimates.

“…employers should not regard the disclosure of a criminal record as an automatic barrier to employment. A balanced judgment should be exercised, having regard to factors such as a person’s age at the time of the offence, how long ago it was, and the relevance to the application or post in question.”

Unfortunately, all the evidence shows that employers do regard a criminal record as a barrier to employment. This point was made several times during the debate, and also by Lord Kerr in the Supreme Court judgment. Given the government’s efforts to get prisoners into work on release, and their manifesto commitment to incentivising employers to recruit people with convictions, it seems odd to not acknowledge the real difficulties people face in gaining employment.

Perhaps the Minister’s perception is skewed by the apparently impressively inclusive approach of his own department. In response to Liz Savile Roberts’ question on the number of people with convictions employed at the Ministry of Justice, he said:

“My understanding is that of those people with a previous conviction who applied through the approach that has been taken in the civil service since 2016, 92% subsequently secured employment, which is a positive outcome.”

That certainly seems like a positive outcome. However, there doesn’t appear to be an official source for that figure, and we would welcome publication of the data because it’s important to understand this is context, such as the numbers it involves, what types of criminal records, how long ago, and why the 8% were refused.

I was pleased to see that the Minister agreed that the judgment – and the actions that must follow – creates an opportunity to consider the Committee’s recommendations for reform of the criminal records system. I hope this will mean that the Ministry of Justice (along with the Home Office) taken an holistic view of the current regime, its aims and the evidence, and look to make changes that benefit individuals with convictions, their communities and wider society.

 

Written by Christopher Stacey

Find out the latest on reform of the criminal records regime in our policy section on DBS filtering.

Some examples of people we’ve helped

Looking back over the last couple of months, we’ve written up a few examples of the people we’ve helped.

We hope they give a good idea of how we help people.

However, more importantly than our role, we think that these examples show how people with convictions are able to overcome some of the barriers that have been put in their way due to their criminal record.

We’ve posted the examples below as case studies in the support section of our website:

Abbie – How I challenged an enforced Subject Access Request (SAR) and kept my job

Sandra – Using a self-disclosure statement helped my daughter get a college place

Teresa – I challenged my employers decision following disclosure of a filtered conviction

LiamI successfully appealed my employer’s decision to dismiss me due to ‘unsatisfactory conduct’

Monthly update – March 2019

We’ve just published our update for March 2019.

This months update includes:

  1. An advice post on applying to come off the Sex Offenders Register if you’re on it indefinitely.
  2. An introduction to the Web Chat pilot on our InformationHub site and how to use it.
  3. A personal story highlighting some of the positives and negatives of ‘Ban the Box’.
  4. A link to a discussion on theForum around settled and pre-settled status for EU citizens and criminal records.
  5. Details of our criminal record disclosure training in April and June 2019.

The full update provides a summary of:

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

Read the March 2019 update in full.

Best wishes,

Unlock

Notes

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

Monthly update – February 2019

We’ve just published our update for February 2019.

 

 

 

 

 

 

This months update includes:

  1. Some new guidance for individuals on the General Data Protection Regulations (GDPR) and data protection.
  2. An update to our important links and organisations section to include details of organisations providing immigration advice.
  3. A personal story highlighting an individuals experience of applying to the police to have cautions removed from his criminal record.
  4. A link to a discussion on theForum around depression and the restrictions put on people with convictions.
  5. A link to a short video that explains some of Unlock’s work.

 

The full update provides a summary of:

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

 

Read the February 2019 update in full.

 

Best wishes,

Unlock

 

Notes

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

 

A new video about our work

We’re really pleased to be able to share a new short video that explains a little bit about Unlock, the work that we do and why it is so important in helping the millions of people in this country who have a criminal record.

You can watch the video below (or it’s available on YouTube and in the footer of this website).

We’d like to thank the RG Foundation for their support in producing this.

Request for participants (now closed) – Understanding the influence of an early life criminal record on adult life courses

UpdateThe request for participants is now closed. See the message below from Nicola, the researcher:

“Thank you to everyone who has been in contact with me with their generous offer to take part in my PhD research. I have been overwhelmed with responses and now have enough participants that fit the criteria, so the call for participants is now closed. This closure is based entirely on my capacity as a postgraduate researcher working alone on this project. I would like to thank everyone who has responded so positively and I will be working with Unlock to provide updates on the research as it progresses.”

 

Original request for participants

Unlock is pleased to be supporting the following research.

Nicola Collett,  a PhD student at Keele University, is currently researching the potential influence of a criminal record acquired between the ages of 10-25, later on in adulthood.

She would like to talk to people aged 25 and over, to see what they have to say about their experiences of living with a criminal record relating to one or more non-custodial sentence(s) or out-of-court disposals attained between the ages of 10-25. This may include, but is not limited to, cautions, conditional cautions, fines, behaviour orders and suspended sentences. Experiences may be positive or negative. For some, it may be experiences are neutral. There is no upper age limit for this research.

Do you fit the following criteria?

  • Aged 25 or over
  • Received one or more non-custodial sentence(s) or out-of-court disposals, aged 25 or younger
  • Currently living in the Midlands or North West England

If you choose to take part, you will be interviewed by Nicola twice, for approximately 60 minutes each time. For your convenience, interviews will be conducted in your local area.

Participants will be offered a £10 voucher at the end of the second interview to thank you for your time, and for sharing your experiences with Nicola.

 

 

Press and media coverage of the Supreme Court judgment

 

There has been a significant amount of press and media attention on the judgment of the Supreme Court which ruled that the criminal records disclosure scheme as it applies to multiple convictions and childhood warnings/reprimands was found to be disproportionate.

Our co-director, Christopher Stacey, gave interviews on the day of the judgment which were featured on BBC News at 10, Sky News, Channel 5, Radio 4, BBC Essex and LBC. You can listen again to Christopher speaking on Radio Kent (listen below, 1m 35s in) on how the ruling will help many thousands of people with old and minor convictions.

More coverage of the ruling. including quotes from Unlock, can also be found in the following publications

There has also been a number of helpful commentary pieces that look more closely at the judgment. These include:

We want to make sure that our website is as helpful as possible.

Letting us know if you easily found what you were looking for or not enables us to continue to improve our service for you and others.

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