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For people with criminal records
For people with criminal records

Category: Projects

New addition to the Unlock team

We are delighted to announce the appointment of Rachel Tynan, who has joined Unlock as our new policy and practice lead.

Rachel has previously worked in the civil service and higher education and joins us following the completion of her PhD and a stint at Open Book at Goldsmiths.

Rachel will be leading Unlock’s work in increasing the employment of people with criminal records by supporting and challenging employers to change their recruitment policies and practices, working to prevent unlawful criminal record checks, influencing government policy and working on other policy and practice issues including access to higher education.

Talking about her appointment, Rachel said:

“I’m really excited to be joining Unlock and working to improve employment and higher education opportunities for law-abiding people with convictions. Research consistently shows that re-offending is reduced where people are in sustainable employment or training, and employers and universities providing opportunities are contributing to a safer and more just society.”

Find out more about Rachel here.

Landmark case on disproportionate criminal records disclosure regime reaches Supreme Court

The Supreme Court will tomorrow hear the Government’s appeal in a long running case about the disclosure of criminal records. The Government is arguing that their current approach to disclosing old and minor cautions and convictions on standard and enhanced criminal record checks, often decades later, is fair. We disagree. And so did the High Court when in January 2016 it ruled that the current system is unlawful. Appealing against the ruling, the Government lost again at Court of Appeal in May 2017. The Government is now taking the case to the Supreme Court. The hearing will run from Tuesday 19 to Thursday 21 June 2018.

Unlock has intervened in the case to help to make sure that the Supreme Court understands the importance of the issue, the failings of the current system, and how it could be changed for the better. This is a first for Unlock; it is the first time we have acted as an intervener before the courts, reflecting the importance of this issue and these appeals.

We’ve put forward strong arguments on behalf of people who are unfairly affected by the criminal records disclosure regime because of its blunt rules which result in, for example, indefinite disclosure in all cases where someone was convicted of more than one offence, no matter how old or minor those offences were.

Christopher Stacey, Co-director of Unlock, a charity for people with convictions, said:

“Our research shows the significant number of people who are being unnecessarily anchored to their past as a result of a DBS filtering system which is blunt, restrictive and disproportionate. In the last 5 years alone, over 1 million youth criminal records were disclosed on standard or enhanced criminal record checks that related to offences from over 30 years’ ago.

 

“The current system has multiple, harsh consequences and damaging effects on individuals – in particular it deters people from applying for employment, and for those that do apply it brings high levels of stress, anxiety and feelings of shame and stigma. It acts as an additional sentence that often runs for life. It desperately needs reform.

 

“A fairer, more proportionate and flexible system should be developed that protects the public without unduly harming people’s opportunity to get on in life. We hope that the Supreme Court will reject the Government’s appeal. We stand ready to work with the Government to reform and implement a system that takes a more calibrated and targeted approach towards disclosing criminal records.”

Rosie Brighouse, Lawyer for Liberty and solicitor for P, one of the individuals in the case, said:

“The criminal records disclosure scheme has twice been ruled unlawful – but instead of putting in place the urgent reform that’s so desperately needed, the Government has chosen to fight this all the way to the Supreme Court.

 

“All P wants to do is move forward with her life. She is unable to do so because of two extremely minor offences committed nearly 20 years ago. We hope judges will agree that this situation is deeply unfair and disproportionate, and that it’s time for the Government to put things right.”

ENDS

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. High-resolution images for media use are available from Unlock’s Flickr account.
  5. Unlock’s report, A life sentence for young people, was published in May 2018 and can be downloaded at https://unlock.org.uk//youth-criminal-records-report/
  6. Unlock has published a briefing on the DBS filtering process – available to download at https://unlock.org.uk//wp-content/uploads/misc/DBS-filtering-Briefing-May-2018.pdf
  7. Unlock is represented in these appeals by Salima Budhani and Theodora Middleton, Bindmans LLP, and barristers Caoilfhionn Gallagher QC and Jesse Nicholls, Doughty Street Chambers.
  8. There is no date for when the judgment will be handed down. It is not likely to be until late 2018, at the earliest.

 

About the cases

These appeals consist of 4 cases: P, G, W (appeals from the Court of Appeal of England and Wales) and Gallagher (an appeal from the Court of Appeal of Northern Ireland). In all four cases, the Government is appealing, having lost in the Court of Appeal. There are summaries of the cases on Unlock’s website – https://unlock.org.uk//policy-issues/specific-policy-issues/filtering/cases-challenging-dbs-filtering-system/

The current system

The Police Act 1997 created the Disclosure and Barring Service (DBS – formerly the Criminal Records Bureau), which provides details of a job applicant’s previous convictions to prospective employers. For certain types of work, particularly work with children or vulnerable adults, the standard or enhanced certificates issued by the DBS used to list all the job applicant’s previous convictions.

However, in 2013, the Government amended this scheme following a Court of Appeal ruling (T v Chief Constable of Greater Manchester) to introduce a “filtering” process. Single convictions for non-violent, non-sexual offences that did not lead to a custodial sentence (including a suspended one) will be “filtered” (i.e. not disclosed) after 11 years (five-and-a-half years if the person was under 18 at the time of the offence).

The filtering process does not apply if a person has more than one conviction – regardless of the minor nature of the offences or the person’s circumstances at the time.

New paper published: University admissions and criminal records – Lessons learned and next steps

Today Unlock has published a paper, University admissions and criminal records: Lessons learned and next steps.

For the last two decades, access to higher education in the UK for people with a criminal record has been seen to be much more difficult. This is, in part, because of the way that the Universities and Colleges Admissions Service (UCAS) has required all applicants to disclose whether or not they have a certain criminal record when completing the standard UCAS application.

But that is now changing. UCAS has announced that it is removing the requirement for applicants to disclose if they have relevant unspent convictions on the application form.

That is why this paper is so timely; it brings together three short essays that look at the lessons that can be learned from the US, and what is next for university admissions and criminal records in the UK.

Drawing on newly published research (by Bradley Custer), sharing lessons from the US (by Dr Alexandra Cox), and looking at the UK context (by Christopher Stacey), this paper provides some useful insights that will be helpful in the work that will now need to be done to ensure that the changes announced by UCAS are followed through by individual institutions to remove unnecessary barriers to higher education for students with a criminal record.

Commenting on the paper, Christopher Stacey, co-director of Unlock and author of one of the essays, said:

“These three short essays collectively show why the change that UCAS announced last week is the right way forward. 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 I expect to see the majority of institutions decide not to ask about criminal records for admissions purposes for most courses.”

Bradley Custer, from Michigan State University and author of one of the essays, said:

“Research on the use of criminal histories in university admissions in the UK and the US casts serious doubt as to whether the practice yields any net benefit to campus safety, as intended. Rather, more signs point to the process being harmful barriers to prospective students who seek second chances and opportunities to pursue higher education. Dropping the criminal history question was the right move by UCAS, and thousands of people with criminal histories can now access higher education because of it.”

Dr Alexandra Cox, from University of Essex and author of the one of the essays, said:

“Universities should not create any extra barriers to participation in higher education beyond those that relate to legally enshrined aspects of a criminal conviction.  At State University of New York, we recognised that there would be a number of degree programs, from nursing to law, which involved career paths that would require criminal background checks and, in some cases, exclude applicants with convictions.  However, should an individual with a conviction apply to a law program, for example, we felt that they should not be barred from participating in a program even if the barriers to entry in the profession were high. It also recognises the evolving common sense about risk and public safety in the professions.”

 

Download: University admissions and criminal records: Lessons learned and next steps

Unlock is taking forward many of the areas discussed in the paper as part of its Unlocking students with conviction project.

Unlock comment: Positive changes by UCAS to university application process for students with criminal records

Commenting on news that UCAS, the university admissions service, will no longer ask applicants to declare criminal convictions when they apply for most courses, Christopher Stacey, co-director of Unlock, said:

“Unlock very much welcomes the removal of the main criminal conviction box from the UCAS form. This is a significant change that has the potential to help many people with convictions see a university education as a positive way forward in their lives. For far too long, universities have operated arbitrary, unfair admissions practices towards those who ticked the box. Unlock has seen first-hand how people have been put off from applying to university as a result.

 

“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 shouldn’t feature in their assessment of academic ability.

 

“Many institutions are now rightly looking at how to amend their policies and practices. We look forward to working with UCAS and individual universities in developing fairer admissions policies towards students with criminal records.”

 

The move by UCAS was reported in a Guardian article published yesterday. UCAS also posted details on its website.

Unlock is working on university admissions as part of our Unlocking students with conviction project.

 

Unlock has worked alongside the Prisoners’ Education Trust and the Longford Trust to push for this change by UCAS.

Nina Champion, Head of Policy at Prisoners’ Education Trust, said:

“A week after the Justice Secretary encouraged businesses to employ people with convictions, Prisoners’ Education Trust (PET) warmly welcomees the decision by UCAS to promote second chances when it comes to higher education. The charities PET, Longford Trust and Unlock have been working with UCAS to address some of the arbitrary and discriminatory practices that have gone on in university admissions processes, which have prevented many talented and qualified people from studying at university level.

 

“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 we can to support them. The chance to go to university helps people to move fully away from crime, build careers and contribute to our communities. Their presence is also hugely beneficial for universities, which gain highly committed students, who help create a more diverse and inclusive learning environment for everyone.”

 

“We look forward to working with universities at revising their own admissions procedures in light of UCAS’ decision, ensuring fair chances for every student.”

 

Peter Stanford, Director of the Longford Trust, said:

“The Longford Trust wholeheartedly welcomes the removal of the criminal conviction box from UCAS forms. Among the many obstacles that serving and ex-prisoners have to face when they decide that studying for a degree is the best way of continuing their rehabilitation, this box on UCAS forms has loomed particularly large for many of those we work to support. To many it simply says, ‘we don’t want people like you’ and they decide not to apply. For others, it can be an ordeal by fire, with no consistent practice, even between faculties at the same university, no transparency, and no right to appeal judgements that they feel are unfair. Those who ‘get through’ are left feeling stigmatised, which is hardly a good basis on which to embrace the world of higher education, and share in all the benefits that life on campus offers.

 

“We would therefore urge that, whatever arrangements universities now decide to put in place around risk assessment for those with criminal convictions, they do so in a manner that learns from the mistakes of the recent past, and enables the widest possible levels of participation”

 

 

 

Unlock comment: Ministry of Justice’s Education and Employment Strategy

Commenting on the Ministry of Justice’s Employment and Education Strategy, Christopher Stacey, co-director of Unlock, said:

“Unlock welcomes today’s Education and Employment Strategy from the Ministry of Justice, which includes some key measures that we support, including looking at financial incentives to encourage employers, and the civil service piloting its own scheme to directly employ people with convictions. We know that finding meaningful employment is a significant barrier for people with criminal records, and that despite some examples of proactive and positive employers, the overwhelming majority of employers take negative approaches towards people who disclose past offences.

 

“Nevertheless, the strategy doesn’t go anywhere near far enough and the Ministry of Justice has made a significant mistake by focusing solely on prisons and those released from them. It does nothing to deal with over 90% of people convicted each year who don’t go to prison but still struggle with employment because of stigma and discrimination as a result of their criminal record.

 

“Efforts in the strategy to engage with and support employers – such as a new body, the New Futures Network, and a new employer website – are positive steps forward, but will have limited success if they are not backed up by long-term joined-up strategic investment to support and challenge employers to recruit both people leaving prison and those with a criminal record in the community. The Ministry of Justice itself also seems to have missed the opportunity to lead from the front in employing people with convictions and become a beacon of good practice for other Whitehall departments to follow.

 

“Fundamentally, a criminal record is the biggest barrier to employment that most people will face when leaving the criminal justice system. Regardless of their skills and experience, people with convictions are routinely held back because of it. To genuinely improve their employment chances, the Ministry of Justice must seriously question the criminal records regime and look to reform it so that it does not act as the lifelong anchor, holding back people who have turned their lives around.”

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. Unlock submitted written evidence to the Ministry of Justice to inform the development of the strategy. Download our submission.
  5. Unlock has views on financial incentives to encourage employers – this is available here.

Youth criminal records report published

Today we’ve launched new research on the impact of criminal records acquired in childhood and early adulthood.

The report shows that hundreds of thousands of people are being affected every year, and often many decades later, because of mistakes they made when they were children or young adults. In the last 5 years alone, over 2.25 million youth criminal records were disclosed on standard/enhanced checks by the Disclosure and Barring Service (DBS) that were over 15 years old.

The report can be downloaded: A life sentence for young people (Unlock, May 2018)

A summary of the report can be: Summary – A life sentence for young people (Unlock, May 2018)

Read a feature on the report in the Guardian.

Read our press release for the launch of the report.

Our crowdfunding appeal to raise funds to intervene in the Supreme Court is at https://www.crowdjustice.com/case/clean-slate/

This work is part of our Unlocking Experience project.

New research finds thousands of people every year struggle because of youth criminal records from decades ago

Unlock, the country’s leading charity for people with convictions, has today published research on the impact of criminal records acquired in childhood and early adulthood.

New data in the report, A life sentence for young people, shows that hundreds of thousands of people are being affected every year, and often many decades later, because of mistakes they made when they were children or young adults. In the last 5 years alone, over 2.25 million youth criminal records were disclosed on standard/enhanced checks by the Disclosure and Barring Service (DBS) that were over 15 years old.

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

“This report shines a spotlight on the sheer number of very old and minor criminal records being routinely and unnecessarily disclosed on standard and enhanced DBS checks, raising serious questions about the effectiveness of the criminal record disclosure regime and in particular the DBS filtering process.

 

“From employment, volunteering and studying at university, to travelling abroad and buying home insurance, this report shows how a criminal record represents a significant barrier to thousands of people, even decades later. In the last 5 years, nearly 1 million youth criminal records on standard/enhanced checks were over 30 years old. This shows that the regime is in desperate need for reform.

 

“That’s why we’ve today launched a CrowdJustice appeal. Money raised will help cover Unlock’s legal costs for intervening in a landmark Supreme Court case next month. We will make sure that the court understands the importance of the issue, the failings of the current system, and how it could be changed for the better.”

 

The report was featured today by the Guardian.

 

Key findings in the report

In the last 5 years alone on standard/enhanced DBS checks:

  1. Nearly 850,000 people have been affected by the disclosure of a youth criminal record on a standard/enhanced check.
  2. Over 3.5 million youth criminal records have been disclosed
  3. Over three-quarters of youth criminal records disclosed (almost 2.75 million) were over 10 years old.
  4. Over 2.25 million youth criminal records disclosed were over 15 years old.
  5. Nearly 1 million youth criminal records disclosed were over 30 years old.

 

CrowdJustice appeal

Today’s report coincides with the charity launching a crowdfunding appeal to help raise money to pay for the charity’s legal costs in intervening a landmark Supreme Court case next month.

In June, the Supreme Court will hear the appeal of the Government which is arguing that their current approach to disclosing old and minor criminal record on standard and enhanced DBS checks, often decades later, is fair. Unlock disagrees. In fact, a criminal record that someone gets in their youth can, in effect, be a life sentence of stigma and discrimination.

This is the first time in its 18-year history that Unlock has intervened in a legal case. 

Update: We are pleased that we reached our crowdfunding target. Thank you for your support. 

 

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. High-resolution images for media use are available from Unlock’s Flickr account.
  5. The report is available to download at https://unlock.org.uk//wp-content/uploads/misc/youth-criminal-records-report-2018.pdf. A summary of the report can be downloaded here.
  6. Unlock has been granted permission by the Supreme Court to intervene in the case. We want to put forward strong arguments on behalf of everyone who is unfairly affected by the criminal records disclosure regime because of its blunt rules which result in, for example, indefinite disclosure in all cases where someone was convicted of more than one offence, no matter how old or minor those offences were. Intervening will help us to make sure that the Supreme Court understands the importance of the issue, the failings of the current system, and how it could be changed for the better. So we’re raising money now to pay for the legal costs that will help us to do this.

 

Case studies

Under the current system for jobs involving standard or enhanced DBS checks, Michael & Anita’s criminal record will be disclosed for the rest of their lives

Michael (not his real name)

When he was 17, Michael was convicted of theft of a coat from a market stall. He was fined £30. Ten months later, 23 days after turning 18, he was convicted of stealing a motor cycle and driving without insurance. He was fined £50 and sentenced to 24 hours at an attendance centre. That was 36 years ago; he’s come a long way since then. He’s now in his fifties. However, Michael’s long-forgotten past has come back to haunt him and he’s concerned about his work as a finance director. He could lose his job and a career that he’s worked hard for.

Anita (not her real name)

When she was 11, she was playing with a lighter in the girls’ bathroom at school and set a toilet roll alight causing around £100 of damage. She was arrested for Arson and told that the reprimand she was given would come off her record when she turned 19. Then after months of being bullied in secondary school, she was involved in a fight. She and the other pupil were both arrested for Actual Bodily Harm. She was encouraged by the police to accept a reprimand rather than challenge it in court and was told it would come off her record in five years. Now nearly in her thirties, she’s a qualified English teacher. However, not only was her record not removed like she was told it would be, but her two reprimands come up on enhanced DBS checks and will do under the current DBS rules for the rest of her life. The hopelessness of trying to find work has led her to working abroad and to bouts of depression and anxiety.

Unlock letter to Justice Committee on Government’s response to report on youth criminal records

Unlock and the Standing Committee for Youth Justice (SCYJ) have written to the Justice Select Committee (JSC) regarding our concerns over the Government’s response to the JSC’s inquiry into the disclosure of childhood criminal records.

Christopher Stacey, Co-director of Unlock, sets out our concerns that the Government is using the Supreme Court case on DBS check filtering, expected to be heard in June, as an excuse for not addressing the recommendations made by the JSC.

The letter also discusses specific concerns, for example that the proposed new guidance by the Government on criminal records disclosure will simply have to be reviewed once reform takes place. We ask the Government to publish the Civil Service’s Ban the Box implementation plan, and to commit to undertake research into the costs of unemployment among people with a criminal record, as recommended in the Lammy review. We also raise concerns around clarifications needed in housing allocation guidance.

The full letter is available here.

Unlock comment: Recruitment & Employment Confederation becomes Ban the Box employer

Commenting on today’s news that the Recruitment & Employment Confederation has become a Ban the Box employer, 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 we’ve been working with the Recruitment & Employment Confederation in supporting agencies in taking on people with criminal records. We’re delighted that the REC is practicing what it preaches by signing up to the Ban the Box campaign to promote fair recruitment practice. We are looking forward to continuing to work with them and their members to support fairer and more inclusive practices that help recruitment agencies to make the most of the skills and experiences that people with convictions can bring.”

Blog – The answer to Oxfam’s safeguarding problems is not enhanced DBS checks

The latest blog by Christopher Stacey (published on the Huffington Post) questions the use of enhanced DBS checks as the answer to Oxfam’s safeguarding problems.

Read it here.

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