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For people with criminal records

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Almost three-quarters of national companies continue to ask about criminal records at job application stage, new research shows

Unlock has today published new research that shows the vast majority of national companies continuing to have criminal record declarations as a core part of their initial job application forms.

Marking the 5-year anniversary of the Ban the Box campaign, the findings reveal the extent to which national employers have failed to recognise the negative consequences of criminal record tick-boxes on application forms.

 

Commenting on the report, A question of fairness, co-director of Unlock Christopher Stacey said:

“We’re proud to have co-founded the Ban the Box campaign and it’s really positive that over 110 companies – including Barclays, Boots, the Civil Service, and Virgin Trains – have signed up so far, but this new research shows that it remains the case that asking about criminal records at application stage is the default approach for almost three-quarters of national, big name companies. It’s also worrying that around 1 in 5 of them are asking for information they are not legally entitled to.

 

“These findings are unsurprising – employers are asking about criminal records at application stage as a way of deselecting applicants. We know this approach has a chilling effect on talented applicants with a criminal record, many of whom never apply because they think they don’t stand a chance. In fact, evidence from employers who do recruit people with criminal records shows that they make reliable, hardworking and loyal employees. Employers who are open about their inclusive recruitment practices report a positive impact on their reputation.

 

“Yet the numbers of employers removing criminal record questions from their application forms is not increasing fast enough. Earlier this month Unlock published new guidance for employers which showed that collecting criminal records data at the job application stage is unlikely to be compliant with the GDPR and data protection legislation. Government, business and charities need to seriously consider how to accelerate the changes in employer behaviour that Ban the Box encourages. Unless significant progress is made, increasingly it seems that the only way to make sure employers remove the tick-box is by looking to put Ban the Box on a statutory footing.”

 

Responding to the findings, Jessica Rose, Ban the Box campaign manager at Business in the Community, said:

“Unlock’s work to unearth the recruitment practices of some of the country’s biggest private sector employers paints a stark picture of confusion and inconsistency when it comes to managing risk around criminal convictions. This results in people being unfairly excluded from work and many more believing that no one is willing to give them a chance. Employers need to grasp the nettle and implement Ban the Box, not just because it’s the right thing to do but because it will benefit their businesses and their communities.

 

“Some of the employers cited in this report already work with Business in the Community and other charities to support individuals into employment. This should give them the positive evidence they need to make the business case for changing their mainstream practices. We want to work with these businesses, alongside Unlock, to support them to put robust, fair and inclusive practices into place.”

 

We surveyed 80 large, national employers across eight sectors – supermarkets, retail, hotels, food and drink, construction, car manufacturing, utilities and communications and found that:

  1. 77 out of 80 employers had online application forms.
  2. Of those 77, 54 employers (70%) asked about criminal records on their application form.
  3. 80% of employers who asked about criminal records provided no guidance to applicants.
  4. 22% of employers asked about criminal records in a way that was either potentially unlawful or misleading. 
  5. Collecting criminal records data at application stage is unlikely to be compliant with data protection legislation.
  6. None of the employers surveyed provided information to applicants on why they collect criminal records data, or for how long it will be retained. Under the GDPR, employers who fail to provide this information are likely to be in breach of the law.
  7. None of the construction companies and only around half the car manufacturers in our survey asked about criminal records at application stage.

 

The findings of this report show that there is still a long way to go in encouraging employers to stop asking about criminal records on application forms. In the conclusion we explore the broader implications of this report, but to achieve a fundamental shift in recruitment practice and seeing Ban the Box as business-as-usual, we believe there are steps that both government and employers should take. That is why we make a number of recommendations to both government and employers, which can be found on pages 4 and 5 of the report.

 

Notes

  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. The report can be downloaded here. A summary of the report can be downloaded here. The full list of employers we surveyed, along with the questions they ask, can be found in the Annex.
  4. The report has been produced as part of Unlock’s Fair Access to Employment project, supported by the Esmée Fairbairn Foundation.
  5. Unlock runs the website Recruit! – providing advice and support for employers on recruiting people with convictions and dealing with criminal records fairly. Employers looking for further advice about this guidance can contact recruit@unlock.org.uk.
  6. For employers that want to sign up as a Ban the Box employer, please see bitc.org.uk/banthebox.

 

New guidance published to support employers with GDPR, data protection and processing criminal records in recruitment

Today we have published new guidance to support employers to ensure that their policies and practices on collecting criminal records data during recruitment is compliant with the General Data Protection Regulation (GDPR) and the Data Protection Act 2018.

The guidance makes it clear that collecting criminal records at the initial application stage is unlikely to be necessary and therefore in breach of data protection law.

 

Christopher Stacey, co-director of Unlock, said:

“Too often, employers overlook skills, experience and qualifications if an applicant declares they have a criminal record. Yet over 11 million people in the UK have a criminal record. The GDPR and the Data Protection Act 2018 make it clear that asking about criminal records must be necessary – if it isn’t necessary, it isn’t compliant.

 

“This guidance makes it clear that the current common practice of many large employers of asking about criminal records at the initial application stage needs to change to ensure compliance with data protection law. That’s why we’re strongly encouraging employers to no longer ask about criminal records at application stage. However, fair recruitment is about more than just removing a question. Employers are required to justify why they are asking about criminal records at any stage in the process, and we recommend employers to use this as an opportunity to think about whether they need to ask about criminal records at all and, if they do, how they manage the process so they don’t miss out on talented and qualified applicants with previous convictions.

 

“Proactive recruiters report that employees with convictions are more productive and more loyal than average. We hope that this guidance helps employers to review their approach towards criminal records and ensure that if information is collected, it is used fairly and only where necessary.”

 

Jessica Rose, Ban the Box campaign manager at Business in the Community, said:

“Unlock’s straightforward and practical guide for employers collecting criminal records data makes it clear that Ban the Box is the right approach for recruitment under GDPR. We urge employers to read the guide and to move any necessary questions about criminal convictions to later in the recruitment process. Once you’ve made the change we’d be delighted to have you join the growing movement of employers demonstrating their fair approach to the recruitment of people with criminal records through signing up to Ban the Box.”

 

The Information Commissioner’s Office, who Unlock worked closely with to produce the guidance, said:

“This is useful guidance that will help employers to review their policies and practices when requesting information about criminal records in recruitment. It is crucial that employers understand their obligations to data protection law and this guidance will help them to do this.”

 

The guidance sets out a three-stage process for employers to follow in determining if, when and how they should ask about criminal records. Key points of the guidance are that:

  1. Collecting criminal records at application stage is unlikely to be necessary and therefore in breach of the GDPR and the DPA18
  2. Collecting at any stage must be justified by a link between purpose and processing.
  3. You must identify a lawful basis for processing AND meet a condition of processing
  4. Applicants have data subject rights that must be upheld
  5. Explaining how you’ll uphold applicants’ rights is key to meeting the condition of processing

The full implications of the GDPR are still being embedded, but it is clear that data controllers must comply with data protection law. This guidance makes it clear what employers should be doing, and it is likely that individuals will look to challenge those organisations that operate policies and practices that do not comply.

This guidance is part of the practical guidance we provide via Recruit! – a website providing advice and support for employers on recruiting people with convictions and dealing with criminal records fairly. Employers looking for further advice about this guidance can contact recruit@unlock.org.uk.

We will shortly be publishing separate guidance for applicants on their data subject rights and how to challenge unfair or unlawful practice where they encounter it.

 

Notes

  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. The guidance is available to download at recruit.unlock.org.uk/dataprotection
  5. The guidance is for employers and voluntary organisations in England & Wales who collect, or plan to collect, criminal records data for recruitment purposes.
  6. For more information on becoming a Ban the Box employer, please see bitc.org.uk/banthebox
  7. Unlock are grateful for the advice and support received from the Information Commissioner’s Office in producing this guidance. Links to their guidance are embedded in the document and more information is available on their website. There is also a useful briefing produced by Nacro on data protection and the use of criminal offence data.

New criminal records guide and resources for recruitment agencies

Commenting on the launch today by the Recruitment & Employment Confederation (REC) of guidance and resources for recruitment agencies, Christopher Stacey, co-director of Unlock, the national charity for people with convictions, said:

“Recruitment agencies are an important source of job opportunities for people with a criminal record. That’s why Unlock was pleased to work with the REC to develop these good practice resources and encourage its members to support inclusive recruitment towards people with a criminal record. Expanding the candidate pool to include under-represented groups is good for individuals, good for business and good for the community. The vast majority of people with a criminal record want to leave their past behind and move forward in a positive way. Sustainable employment is key to that, and we know that employers who recruit people with convictions find them to be loyal, hard-working and reliable employees. We look forward to continuing to work with the REC and its members to put these resources into practice and help them to make the most of the skills and experiences that people with convictions can bring.”

The criminal records guide is designed to support and advise recruiters on best practice for candidates with a criminal conviction.

You can read a blog on the REC website about the launch, as well as download a 2-page infographic and read a checklist for recruiters, as part of the resources that have been published today.

Unlock launches pilot project, supported by the UPP Foundation, to help universities take on students with criminal records

Unlock, an independent charity for people with convictions, has launched a new pilot project, funded by the UPP Foundation, the registered charity founded by University Partnerships Programme (UPP).

The project, Unlocking students with conviction, will see Unlock working with three UK universities – Cardiff University, Goldsmiths and the University of Southampton – supporting them to implement best practice procedures to prevent talented applicants being held back by their past and ensuring universities don’t miss out on untapped potential.

It will ensure that more people with convictions are able to access, and benefit from, university education – not just for themselves, but for their families, communities and for society at large.

Inception of the project comes following the decision by UCAS to remove the criminal conviction declaration box for applicants to the 2019 entry cycle, with universities looking at how to amend their admissions practices to reflect the change.

Over 11 million people in England and Wales have a criminal record and every year there are 1.2 million new convictions. The vast majority of convictions – more than 90% – do not involve a prison sentence. Unlock support thousands of people annually who face stigma, discrimination and ongoing disadvantages long after they have served their conviction. Many people choose not to apply for jobs, training or education if they know they will be asked about their criminal record.

The growth of partnerships between prisons and the university sector has renewed the belief that higher education is inclusive and can transform lives – raising the educational aspirations of people with criminal records. Evidence shows that education at every level has a huge impact on reducing reoffending, keeping us all safe.

Alongside working with the three institutions, Unlock will also be working with UCAS to disseminate good practice resources developed for institutions, as well as encouraging other universities to review and improve their policies and procedures.

Commenting on the project launch, Christopher Stacey, co-director of Unlock, said:

“We’re pleased to have the support of the UPP Foundation in launching this pilot project. Unlock has seen first-hand how people with convictions have been put off from applying to university. If universities are committed to widening participation, they should be considering the qualified applicants from all backgrounds. The decision by UCAS to remove the main criminal conviction box from the UCAS form for those applying to start university in 2019 signals to universities that criminal records shouldn’t feature in their assessment of academic potential.

 

“At a time when institutions are rightly looking to amend their policies and procedures, we look forward to working with these universities to support them in implementing best practice procedures, as well as encouraging other universities to do the same.”

Richard Brabner, Director of the UPP Foundation, said:

“We believe that everyone with the potential and ambition to go to and succeed at university should have the ability to do so.  The UPP Foundation is delighted to be working with Unlock to ensure more students with criminal convictions can access higher education, transforming their lives and supporting their transition back into society.”

 

Notes

  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. Unlock’s website is unlock.devchd.com.
  2. The UPP Foundation is a registered charity that offers grants to universities, charities and other higher education bodies. In recent years, as higher education has expanded, the burden of paying for a degree has shifted towards the individual. This presents difficulties in maintaining the ‘University for the Public Good’, as well as ensuring there is greater equity in going to, succeeding at and benefiting from the university experience. The UPP Foundation helps universities and the wider higher education sector overcome these challenges. The UPP Foundation was created in 2016 by University Partnerships Programme (UPP), the leading provider of on campus student accommodation infrastructure and support services in the UK. UPP is the sole funder of the UPP Foundation. The UPP Foundation is an independent charity and all of its grants are reviewed and authorised by its Board of Trustees. The Foundation is supported by an Advisory Board. More information is available at the UPP Foundation website: www.upp-foundation.org
  3. There are over 11 million people in the UK that have a criminal record.
  4. Details about the Unlocking students with conviction project are available here.
  5. Details about the decision by UCAS are available here.
  6. For more information about the project, email university@unlock.org.uk.

New good practice resources for higher education providers

The piece below has been published as part of new good practice resources for universities, published by UCAS, which Unlock has supported.

Unlock very much welcomes the removal of the main criminal conviction box from the UCAS application. Having worked with higher education providers for a number of years, the previous approach presented a barrier to individuals with a criminal record, and the decision by UCAS is a significant change that has the potential to help many people with convictions see higher education as a positive way forward in their lives. Unlock has seen first-hand how people have been put off from applying to university as a result of the box on application forms.

With the changes that UCAS has announced, the higher education sector now has a unique opportunity to question whether criminal records should feature at all when deciding whether someone should be accepted onto a university course. If universities are committed to widening participation, they should be considering the widest number of potential applicants. The change by UCAS provides a strong signal to universities that criminal records should not feature in their assessment of academic ability. Many institutions are now rightly looking at how to amend their policies and practices.

When you look at who actually has a criminal record, you can see how there are real benefits to universities in being open and inclusive towards people with a criminal record.

  1. There are large numbers of people with convictions who could potentially be admitted to university who are not because they are being deterred from applying. The numbers of prison-university partnerships are growing. Less than 10% of people with a criminal record go to prison, yet there are over 11 million people with a criminal record and approximately three-quarters of a million people with an unspent criminal record.
  2. This issue should be seen through the lens of widening participation, which remains at the forefront of government policy in higher education. People of Black, Asian or minority ethnic (BAME) background are disproportionately represented amongst those who are arrested and imprisoned; the racial disproportionality in the UK criminal justice system is actually greater than that in the US system. Just under three quarters of the prison population in England and Wales was from the white ethnic group. When compared to the general population, those who identified as BAME are over represented in the prison population; 13% in the general population compared to 26% in prison. People with convictions also often represent other groups who are disproportionately under-represented at university, including care leavers, people from low income households, mature students, people with learning difficulties and/or disabilities and first-in-family. Nearly a quarter of people in prison (compared with 2% of the general population) have spent time in the care system as children.

People with convictions who are applying to university are showing a huge commitment to turning their lives around. As a society, we should be doing all that we can to support them. The opportunity to go to university can help people to move away from their criminal past, build careers and contribute positively to society. Their presence is also hugely beneficial to universities themselves, which gain highly committed students who help create a more diverse and inclusive learning environment.

Whether universities should ask at all

It’s important to understand why UCAS have dropped the need for applicants to disclose relevant unspent convictions; they recognised that the question at application stage could deter people from applying, and wanted to reaffirm that higher education is open to everyone.

In Belgium, Denmark and the Netherlands, universities don’t ask about criminal records. Most European universities do not ask, nor do Australian institutions. The 23 California state universities do not ask. The 64 State University of New York colleges and universities do not ask. Research from the US found no evidence that admitting people with criminal convictions led to a higher rate of crime on campus. It is also consistent with the ban the box campaign that is spreading amongst employers, removing the question about criminal records from job application forms.

How should universities respond to the change?

It is our view that the starting point should be that criminal records should not be a part of a university’s assessment of academic merit. The change by UCAS sends a strong signal to universities that they should not be collecting criminal records from all potential students at application stage, and we expect to see the majority of institutions decide not to ask about criminal records for admissions purposes for most courses. Criminal record disclosure (of, say, certain offences) may feature in other parts, like when applying for university accommodation, but that’s further down the line and a separate process to that of admissions with different considerations.

In considering concerns about people recently convicted of serious offences applying to universities and not having to declare whether they have a criminal record, this is where a key understanding of the role of others outside of universities is important, and Unlock has produced a separate briefing on understanding applicants with a criminal record.

For courses that involve enhanced criminal record checks, the briefing also looks at how universities should approach applicants that have a criminal record. There remains work to be done to ensure that there is a proportionate approach to assessing the relevance of the applicant’s criminal record and that the right decisions are reached. While it’s right that individuals should be aware of what future challenges they might encounter, universities shouldn’t be preventing them the opportunity to try.

Throughout all of this, universities need to have a strong, inclusive mindset with student support at the heart. Unless you are proactively including, you are probably accidentally excluding. Many institutions are now rightly looking at how to amend their policies and practices. I hope to see a number of universities step forward and make changes to their processes following consideration of this good practice. Unlock will continue to work with UCAS and institutions to ensure fair admissions policies towards applicants with criminal records.

This was originally published in the Criminal convictions – Good practice guide, which is part of a wider set of resources published by UCAS.

Our submission to the government’s call for evidence on the employment of people with convictions

Today we have submitted our written response to the government’s call for evidence on the employment for people with convictions.

Download our submission here.

You can find out more about the call for evidence in our recent post to encourage others to get involved.

Our submission draws on work that we’ve been doing as part of our Fair Access to Employment project.

 

Criminal record requests on application forms could be breaching GDPR

People Management has published an article that looks at a briefing recently published by Nacro that looks at data protection and the use of criminal offence data for employment and education purposes. We very much welcome the briefing by Nacro, which raises some important issues for employers. 

Speaking to People Management, Christopher Stacey, Co-director of Unlock, said:

“GDPR and the new Data Protection Act 2018 means employers that choose to ask applicants about criminal records will need to provide clear reasons and explain their legal basis for doing so. It is likely that asking about criminal records at application stage would be very difficult to justify in light of the recent enhancements in data protection. As one of the founding members of the Ban the Box campaign in the UK, Unlock encourages employers of all sizes and in every sector to sign up and remove criminal record questions from application forms.

 

“However, fair recruitment is about more than just removing a question. Employers are required to justify why they are asking about criminal records at any stage in the process, and we encourage employers to use this opportunity to think about whether they need to ask about criminal records at all and, if they do, how they manage the process so they don’t miss out on talented and qualified applicants with previous convictions. Proactive recruiters report that employees with convictions are more productive and more loyal than average. We have developed 10 principles of fair recruitment, in collaboration with business and government, and we will be publishing practical guidance for employers on data protection, GDPR and criminal records in the coming weeks.” 

Get involved! Government consultation on employer practices towards people with criminal records

The Cabinet Office (in partnership with the Ministry of Justice) are calling for evidence on the employment for people with convictions, and they want to hear from employers about recruitment practices, employability initiatives and evidence/impact. As well as employers, the Cabinet Office want to hear from organisations or professionals who:

  • work with people with convictions through the provision of skills training, outreach, mentoring, work placements.
  • work with people with convictions to help them find employment?
  • work with or advise other organisations on creating fair recruitment practices and supporting people with convictions in the labour market
  • campaign to reduce the stigma associated with having, or hiring someone with, a criminal conviction

We’ve shared this call for evidence with our network of employers and encourage you to do the same. However, we expect that the majority of employers that respond will have a more positive view of hiring people with convictions. While this is important, it’s just as important to hear about employers with negative views of employing people with a criminal record, so please share examples – anonymised if you prefer – of both in your response to the Cabinet Office, and share them with us too to help inform our response.

Although the consultation is not directly targeted at individuals, anyone can respond to the consultation so we would encourage people with a criminal record who have evidence and experiences linked to the areas below to respond.

Christopher Stacey, co-director of Unlock said:

“We’re very pleased to see the Cabinet Office launch this call for evidence, and we’re keen to raise awareness of it so that it reaches as many employers as possible. We’d really like to to encourage responses from businesses that perhaps have less positive approaches approaches to applicants with a criminal record, so that the government understand what some of the barriers are for employers. Alongside a number of positive examples of where employers do this well, we know that there are widespread negative attitudes towards applicants with a criminal record, and we’ll be making sure that these are reflected in our response so that we can encourage the government to do more to help change this.”

The consultation is looking at three areas, and we’ve suggested some questions below to consider in your response:

Recruitment practices

  1. What are employers doing – if anything – to promote fair recruitment for people with a criminal record?
  2. Do employers impose restrictions and/or bans on the hiring of ex-offenders for some or all jobs – and if so, why?
  3. What incentives or support could help employers sign up to Ban the Box?
  4. Examples of employers that proactively hire people with a criminal convictions. Examples of companies that restrict or refuse employment to people with convictions.

 

Employability initiatives

  1. Which companies run employability initiatives to support recruitment of people with criminal records?
  2. What support could be offered to employers to improve prospects for people with criminal records?

 

Evidence and impact

  1. What is the impact of employment – for business, for the individual, the community and the economy?
  2. What evidence is there of impact and what evidence could be collected better?

 

How to get involved

Read the full call for evidence here and complete and return your response to aandi-socialresearch@cabinetoffice.gov.uk by 5pm on Friday 31 August 2018.

Unlock will be responding directly to the consultation too, so alongside making a response yourself, please do send us information that can help inform our response. You can email details (confidentially) to policy@unlock.org.uk.

Although the consultation is not directly targeted at individuals, anyone can respond to the consultation so we would encourage people with a criminal record who have evidence and experiences linked to the areas above to respond.

 

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.

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