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For people with criminal records
For people with criminal records

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Private-rented housing

Top tips

  • Private landlords look for tenants who can pay the rent and who will be decent tenants
  • Private rented accommodation often offers more choice and can be obtained more quickly than much social rented housing
  • Private landlords can let their properties through agents or directly
  • Many good landlords register with accreditation schemes, and voluntarily agree to provide accommodation to a good standard and to treat tenants well
  • You may need to pay a holding deposit which means no-one else should take up the tenancy while your references are being checked and the tenancy agreement is being drawn up. However, sometimes a property is marketed by more than one estate agent and despite you paying for it to be “reserved”, someone else might still beat you to it
  • Most landlords ask for a month’s rent in advance, and a deposit, and some ask for an administration fee as well
  • Deposits must be paid into a deposit protection scheme
  • Help can be given to pay the deposit through a rent deposit or bond guarantee scheme
  • Single people under 35 may be unable to afford a flat or house on their own if they have to claim Housing Benefit to pay the rent

Introduction

Private landlords rent their housing on the basis of who can pay for it, not who is in housing need. It may be more expensive than social housing (council or housing association housing) and often offers less security because tenancies are usually offered for a fixed term. However, it is usually more easily available as people do not have to wait in a long queue for private rented housing. It can be cheaper than rents in hostels and usually offers accommodation that is more self-contained, though it is possible that you will need to share with others.

There is a huge variety of types of landlords in the UK. Landlords range from the person who owns only one property to those who have thousands. Many have estate agents managing their properties, but others manage it all themselves. You’ll find they can have very different attitudes to their tenants, including a variety of attitudes towards people with an offending background.

The quality and conditions of private rented properties can also be very different. There are some basic rules, though. People who move into a private rented property should not have to put up with bad conditions, and the local council can take action to get repairs done. There is more information about what to do about getting repairs done, and other rights, for private tenants, on GOV.UK and Shelter.

Where to find out what is available

The most common ways to find out what is available to let in the private rented sector are:

Websites

Sites such as:

Estate agents

These can be found in every town or city. As with landlords, there is a big variation, with some small and friendly agencies, and some huge ones with lots of landlords on their books. Some estate agents own property as well as managing it for other owners. Many have their own websites as well as shops on the main streets. They are likely to find tenants for properties advertised with them, check references, collect rent and tenancy deposits, manage properties for landlords, arrange repairs and provide tenancy agreements and inventories.

Lettings or Accommodation Agencies or Bureaux

These are agencies which let accommodation for landlords and estate agencies. They may do exactly what estate agents do, but some do nothing other than find tenants for places advertised with the agency.

Newspapers

Local newspapers carry adverts for houses and flats for rent. These are usually in the back of the paper, and in a daily paper, are likely to be in the paper only once or twice a week.

Local shops

Corner shops often have cards in the window for flats and houses for rent

Housing offices

Council and housing association housing offices may advertise private houses or flats for rent

Rent deposit or bond guarantee schemes

Some of these schemes advertise accommodation to let as well as offering bonds and deposits (see below).

A few Probation services have links with private landlords to help people coming out of prison or other offenders who need somewhere to live.

Finding a good landlord

It is worth knowing about accreditation schemes, which are run by local councils, landlord associations, or by colleges. Landlords who join accreditation schemes voluntarily agree to provide accommodation to a good standard, and to treat tenants in a good manner. There is likely to be a code of practice which landlords sign up to, and some schemes provide training for landlords and agents.

Typically, if a tenant complains and the complaint is proved, the landlord risks having their accreditation taken away. An accredited landlord or agent will show the symbol for the accreditation scheme they belong to on their website and on their shop-front if they have one. The main accreditation schemes are:

More information on accreditation schemes can be found on residentiallandlord.co.uk.

How to apply for private-rented housing

To find housing through an agency, you will need to register with them. They will ask how much you are prepared to pay, where you want to live, and what sort of property you want. They may also ask for references (for example from an employer and current or previous landlord), and for information about your job and how much you earn. There is no limit to the number of agencies that you can be registered with. They are not allowed to charge for registration (in England and Wales).

To find housing directly from a landlord, you will need to give references (typically from an employer and current or previous landlord).

When a flat or house comes up, the next step is a visit to the property. There are important questions to ask at the visit, such as:

  • What sort of tenancy agreement is being offered
  • How long the tenancy is for
  • Whether the flat is being let furnished or unfurnished
  • What charges will have to be paid before moving in
  • If there are any charges later on if the tenancy is renewed
  • How much the rent is and when/how often it has to be paid
  • Whether other people live in the same property and if so, whether they have a separate tenancy or a joint tenancy between everyone in the house, and how electric and gas bills are paid
  • How any repairs are reported and dealt with

If the tenancy is accepted, you will almost always need to pay a deposit and the first month’s rent in advance before moving in. There may also be a charge from the agent. This can be an administrative charge for preparing the tenancy agreement, making an inventory (a list of furniture and furnishings in the property), and for phone calls, postage, and other costs of setting up a tenancy agreement (note that it is not legal to charge this in Scotland).

The landlord or agency may ask for a “holding deposit”, while your references are checked and the tenancy agreement is drawn up, and the property should not be offered to anyone else while these things are being done. However, sometimes a property is marketed by more than one estate agent and despite you paying for it to be “reserved”, someone else might still beat you to it. Once the tenancy agreement is signed, the holding deposit must be deducted from the deposit that is charged to cover the full period of the tenancy. Holding deposits cannot usually be repaid if you decide not to move in, but should be repaid if the landlord or agent decides not to offer the tenancy for some reason.

What information will landlords or agents need

The landlord or agent may use an application form to collect all the information needed. A good example of a form that might be used can be found on landlordzone.co.uk.

This is the type of information that landlords may ask for:

  • Your name, and of anyone else applying to be housed with you
  • Dates of birth, and National Insurance numbers, for everyone who wants to live together (and proof of the NI number on a NI card, payslip, or P45/P60)
  • Proof of identity – a driving licence, passport, or other form of proof with a photograph of the main applicant
  • Current address for each person wanting to live together
  • Previous addresses for the main applicant (usually for the last 5 or 6 years)
  • Any history of evictions, and whether the person is disabled
  • Name of one or two people who can give a character reference
  • Proof that you are living at your current address – a gas or electricity bill, bank statement, phone bill with that address on
  • Employment details
  • Bank details

Criminal convictions

Landlords may ask you to tell them if you have a criminal record. Applying for housing is covered by the Rehabilitation of Offenders Act, so you are only obliged to disclose anything that is unspent at the point of application.

It is unusual for landlords to require any proof of convictions, and landlord or agent cannot check this out other than through credit checking agencies (who don’t have information about convictions specifically, but will involve details regarding financial crime). A landlord could technically require you to provide a copy of a basic disclosure, which discloses unspent convictions, but this is not common practice amongst landlords.

Some landlords use the council’s systems for vetting applicants for their housing. If there is a form to fill in, it may say that you give consent, by signing the form, to the landlord or agency to get information from others (and to do a credit check).

It is usually a good idea to be open with landlords or agents, and many landlords and agents do house people with criminal records. If it is discovered that you gave false information when you applied for a tenancy, this can give the landlord grounds to go to court and ask for you to be evicted. Another problem is that if you do have unspent criminal convictions, the landlord’s insurance may not be valid if this is not disclosed. In the event of a refused claim, the landlord may seek to recover the money from you if they can prove that you lied to them.

Deposits, rent in advance, and lettings agency charges

Most landlords and agencies ask for a deposit. This provides a bit of insurance for the landlord in case the tenant does not pay rent or causes any damage in the property. Deposits are repaid at the end of the tenancy, as long as there is no damage or missing items, and no rent unpaid.

Tenancy deposits must be put into a special account by the landlord. This is called the tenancy deposit protection scheme, set up by the Government for all new tenancies after April 2007. There are slightly different rules for tenancies that existed before April 2012, but for all tenancies set up after April 2012, the landlord must pay the money into a Government-backed deposit scheme within 30 days of receiving it, and must give the tenant information about:

  • who the landlord is and their address
  • where the money is placed (in which tenancy deposit scheme) and how much was paid in
  • a copy of the deposit protection certificate signed by the landlord
  • the address of the tenancy
  • information about the tenancy deposit scheme and how to get the money back at the end of the tenancy
  • what to do if there is dispute about the deposit

There are 3 Government-backed deposit schemes:

Shelter’s website tells you more about the Tenancy Deposit Scheme, including how to check if your deposit has been protected through one of these schemes, and what to do if there are problems such as the landlord refusing to repay it at the end of the tenancy:

There is also help around to pay deposits in most parts of England. The local council or a local advice agency may have a scheme to do this (a Rent Deposit Scheme, or Bond Guarantee Scheme). They work in one of 2 ways:

  • • A rent deposit scheme offers the person a loan. This is usually sent to the landlord or agent directly. The loan may not cover the whole of the deposit (some schemes offer a sum of £50 or so). It needs to be repaid during the period of the tenancy or at the end of the tenancy. Some schemes help tenants to save up to repay the deposit by signing them up to Credit Unions.
  • • A rent or bond guarantee scheme offers the landlord a guarantee, which means that money is paid out only if the tenant does not pay the rent or causes damage. There will usually be a limit on the amount that the landlord or agent can claim, and a time limit, for example 6 months or a year after the tenancy starts.

Some deposit schemes are designed to help particular groups, such as families helped by the Council because they were homeless or about to become homeless. Other schemes, such as some run by the probation service, or by Crisis or Shelter, were particularly set up to help people with convictions, drug or alcohol users, single homeless people, or young people. Often, these schemes also provide advice on benefits and on tenants’ rights, help to get furniture, and other practical advice or help. They may also provide support for people who need help to manage their tenancy to start off. They may also provide training for tenants or landlords, and offer advice for landlords if things start to go wrong, all aimed at helping tenants to keep their homes.

The Crisis Rent Deposit Scheme website has a list of many of the rent deposit or guarantee schemes. There are also a few rent deposit schemes or bond guarantee schemes run by Probation services, Youth Offending Teams, or Drug Intervention Programme teams.

Rent in advance is not usually paid through deposit schemes. If it is paid, the tenant would usually be expected to repay it out of the first months’ housing benefit. Before April 2013, it was sometimes possible to get a crisis loan through the Social Fund, but this is no longer available and has been replaced by schemes arranged by each local authority.

Affording the rent

There are many changes to benefit rules going through at the moment, so it is important to check that anyone who needs to claim Housing Benefit to be able to pay the rent is aware of the key changes affecting them.

Shared accommodation rate

Single private tenants aged under 35: most single people aged under 35 who have to claim Housing Benefit (also called Local Housing Allowance) to pay their rent can now only claim enough to pay the rent in a shared privately-rented flat or house. This is called the Shared Accommodation Rate. The rule does not apply to everyone. The rule does not apply to anyone living in supported housing provided by a charity or voluntary organisation.

Exemptions from the Shared Accommodation Rate: Importantly, anyone who fits into the categories below should be able to get enough Housing Benefit for a 1 bedroom flat or house because of the following exemptions until they reach the age of 35:

  • People aged under 25 who have been in care: they are exempt from SAR until they are 22 years old.
  • People aged 25-34 who have spent at least 3 months in a homeless hostel: they are exempt, as long they were offered and accepted support. The 3 months do not have to have been spent in the same hostel or to have been one lot of 3 months, so there could have been a month or so in one place and a couple of months in another place, with a period spent somewhere else (such as in prison) in between. The hostel must provide accommodation that is not self-contained, and must provide food or shared kitchen where residents do their cooking. It can be a hostel for homeless people, a women’s refuge, or a hostel intended for drug or alcohol rehabilitation, as long as it offers support at the hostel. It is important to note that time spent staying in Approved Premises (known as bail or Probation hostels) for people who pose a risk of serious harm to the public and need high levels of Probation or other supervision) will not count towards this exemption. Each local council has a list of the hostels whose residents would be seen as exempt from this rule. The hostel staff must confirm that the person who is claiming the exemption did stay there and when.
  • People aged 25-34 who are subject to Multi-Agency Public Protection Arrangements (MAPPA): they are exempt as long as the MAPPA arrangement is being applied. This exemption applies only to people under MAPPA levels 2 or 3.
  • Anyone with a severe disability premium: they are exempt if they are entitled to the middle or higher rate element of the Disability Living Allowance

The process for claiming the exemption is different for different groups of people:

  • To claim the exemption because of a stay in a hostel: the claimant must apply for this and must be able to show the Council’s benefit officer that they did stay in one or more hostels for a total of 3 months. In most areas, hostel staff have forms that will help people staying there (or who have stayed there in the past) to make a claim.
  • To claim the exemption for a MAPPA client: Probation staff will automatically tell the housing benefit office (on a form designed for this purpose) that their client is at MAPPA level 2 or 3.

There is further guidance available about what shared accommodation means, what is meant by the term “hostel” and “support”, and many other parts of this rule, via Homeless Link, NHAS and Shelter.

Under-occupation rule (“Bedroom Tax”)

From April 2013, people living in self-contained accommodation get Housing Benefit to cover only the cost of the bedrooms they need. This is known as the ‘bedroom tax’ but the proper term is the ‘under-occupation rule’. This rule applies to all tenants, not just private tenants, including council and housing association tenants

If there is a couple or a single person, they will have enough benefit to pay the rent only for a 1 bedroomed place (or a room in a shared house if they are under 35). If they have children, the children are expected to share a bedroom until they are 16 if they are the same sex, or until they are 10 if they are not the same sex. The main exemption is for someone who needs a spare bedroom for a carer to stay overnight.

Moving in

Once the offer of a property is accepted, the tenancy is likely to start very soon. It is very important to make a housing benefit claim straightaway as the rent will be due from the start.

Housing associations

As part of our policy work, we’ve put a call out for experiences – does a criminal record have an impact on social housing?

Top tips

  • Councils have lists of the housing associations with properties in the area
  • Local councils usually have rights to decide who should be housed in some of the local housing association accommodation so you should apply to the local authority as well.
  • You can apply directly to as many housing associations as you want as long as they hold waiting lists of their own, or through the council
  • Spent convictions don’t have to be disclosed on housing application forms
  • Ask for a leaflet about the Housing Allocations Policy, to see how applications will be dealt with and what situations or groups of people get priority for housing
  • Get help to make a bid – if the housing association has a bidding system, the applicant must make bids to be considered for any vacant house or flat
  • The tenancy may start within a few days of accepting an offer, so it’s really important to get Housing Benefit sorted out when signing up for the tenancy

What are housing associations?

Housing associations offer similar types of housing as local councils. Like councils, they are non-profit-making landlords, and they usually let their properties to people in housing need. They can choose to specialise in some types of housing, for example for older people, younger people, or people with disabilities. People do not usually have to live in a particular area to apply to them.

Getting on the waiting list

In many areas, there is now a central system for applying to housing associations in the area. This is often called a Common Housing Register, and it is usually managed by the council. There may be only one application form to fill in for all the different housing providers, and in some areas, applications to all housing associations go through this central system.

Local councils also nominate people for housing by the housing associations with properties in the area. To be nominated by the council for a housing association letting, applicants usually need to be at the top of the list – either in urgent need, or with priority for some other reason.

Some housing associations also take applications directly. If you are applying directly, you can apply to as many housing associations as you want.

Councils give out information about the housing associations which have properties in the local area and how to apply for their housing, as well as who is likely to be nominated by the council for housing association homes. This information may be on the council website, as well as in a leaflet. There is also useful information on Shelter’s website.

It’s important to apply for accommodation that fits the size of your household. If you are a single person or are applying as part of a couple, you will not get enough housing benefit to pay the full rent if the house or flat has more than 1 bedroom, even if you need this sometimes for your children.

Information needed to make an application

Housing associations need similar information as application forms to councils. See a separate section on applying to councils for more information.

Disclosing a criminal record

Application forms ask the applicant to say if they have a criminal record, and if it is not a spent conviction, to supply more information. Spent convictions do not have to be disclosed. The sentence in the form will say something like:

If you or anyone who wants to be rehoused with you has any criminal convictions which are not spent as explained in the Rehabilitation of Offenders Act 1974, you must tell us about them here. You must set out all of the details of the conviction in full.

There is more information about disclosing a criminal record in the section on applying to the council for housing.

If accommodation is provided and then it is discovered that false information was given in order to get somewhere to live, the housing association can ask for the person to be evicted (but this can only be done through the courts).

Housing allocation policies

For nominations from the local council, housing associations must follow the council’s Allocations Policy, though they may also have their own rules about which nominations they will accept.

For anyone applying directly to a housing association, the housing association will use their own rules, but they must do this in a fair and transparent way. Housing associations usually have their policy (“lettings” or “allocations” policy) on their website, and may give out leaflets with a summary of the policy.

Housing association refusals

Housing associations can refuse to rehouse some applicants, as long as this fits in with their published policy. They should consider each case individually, and not make rules about particular groups. It is common for housing associations to follow roughly the same principles as local councils, but some are much stricter than local councils.

Housing associations may decide not to house people where there have been problems such as:

  • rent still owed to this or another housing association
  • serious nuisance or annoyance to neighbours
  • a conviction for an offence committed in the house or flat or local area – such as selling drugs from the property, causing damage to the property, or burglary from a neighbour’s house
  • a conviction or a caution for an offence which makes the person seem unsuitable to be a tenant
  • court action taken within the last 2 years for problems to do with a tenancy
  • eviction from a house or flat with this or another housing association

Can you check what information the housing association holds about you?

An applicant accepted onto the waiting list is entitled to see their entry and to receive a copy of what is held about them. The right covers all information recorded about you, including information held on computers, in e-mails, and in printed or handwritten documents, as well as pictures and video or audio recordings. There may be a charge for this, up to a maximum of £10.

Choice Based Lettings schemes

Many housing associations join in with local councils in the local Choice Based Lettings schemes, which means that the first step is for applicants to bid for the house or flat they want to live in. These schemes work like this:

housingprocess

This is what you need to know about Choice Based Lettings schemes:

  • There is a weekly list of vacant properties advertised in housing offices, on the internet, in the local paper, or in advice centres
  • The advert says what size of family could apply, for example a 1 person household, or a family with 5 people, and whether there are any restrictions such as being over 40, or needing accommodation with adaptations for a disability
  • Anyone interested in living in that property makes a bid. This can be done in a number of ways: over the phone, over the internet, by post, by text, or at a housing office. There will be a deadline for bids to be received each week. It is usually possible to bid for more than one property each week, up to a limit (often 3).
  • People who are not able to bid for themselves (for example someone in prison) may be able to ask someone else to bid for them – this usually has to be arranged beforehand.

The housing officer then weighs up the different bids that have come in. They may have to take into account people who are homeless or who have priority because of a medical problem or an urgent need to move. If not, they will usually decide that the person who has been waiting the longest will be offered the property.

The last steps in the process are:

  • The housing officer will let the successful bidder know (but not usually the unsuccessful bidders, as there may be too many bids to respond to).
  • The successful bidder gets an offer and has to respond within a few days to say whether they want to move into the property or not.

Some housing associations use a points system to decide who is at the top of the list. In this case, the applicant does not bid but waits to get a letter or phone call telling them they have come to the top of the list. The decision about who will be offered the property will depend on a combination of the person’s need for housing and length of time on the list or on the waiting list.

There is more detail about how allocations policies and bidding systems work in the section on applying to the council.

Getting an offer of a property

The housing officer makes an offer of a house or flat to the applicant (usually over the phone, or in writing if the person can’t be contacted by phone). The property might have to be viewed soon after getting the offer (perhaps only 2 days). A housing officer may go with the applicant to see the property. The applicant needs to decide if they are going to take the property within a day or so. They will then need to go in to the housing office to sign for the tenancy. This process could take up to an hour, and might include getting benefit advice and help to fill in Housing Benefit forms.

With bidding systems, if the offer is refused, the applicant can go on to bid for any other properties they are interested in. With other systems – such as a points system – the application may be sent further down the list if the offer is refused.

Moving in

Once the offer of a property is accepted, the tenancy is likely to start very soon. This could be in less than a week’s time, depending on whether the sign-up has happened at the start of the week or later in the week. So it is very important to make a Housing Benefit claim straightaway as the rent will be due from the start.

Useful links

Below you will find links to useful websites relating to this page. More specific details (including addresses and telephone numbers) of some of the organisations listed below can be found here.

  • National Homeless Advice Service (NHAS) – NHAS provides free expert advice, training and support to housing professionals working in local councils, voluntary advice agencies, local Citizens Advice and public authorities in England.

 

Applying to the council for housing

 

Summary

There are quite long waiting lists for council housing in most areas, though not everywhere. It is worth applying anyway because this can help you to get on housing association lists too. Some places have lists of housing with shorter waiting lists, sometimes called “readily available” or “always available”. These might be flats such as in tower blocks, and because there is a shorter waiting list, it’s possible to be housed quite quickly in one of these properties if the council has them.

Not all councils have their own housing any more, but they will still keep a waiting list. People on this list will be either nominated to a housing association (usually if they have some form of priority), or placed on a list to wait for a home from one of the housing associations, or told they can start bidding for properties from one of the housing associations.

The rest of this section looks at applying for housing from a council that still has its own housing. It also tells you about how councils can set the Allocations Policy for nominations to housing associations.

It is important to note that the council’s allocations policy does not cover who gets homeless priority. This is part of a different set of rules, and is covered in a separate section on homelessness.

Top tips

  • There are long waiting lists in lots of places, but it’s good to get on the waiting list as soon as you can
  • Ask for a leaflet about the housing allocations policy, so you can see how it works in your area
  • Allocations policies say who will get priority for getting a council house, but there is a different set of rules about whether people get priority if they are homeless
  • Get help with filling in the application form if needed – it’s best to get the right information onto the form from the start
  • You can use a recent photo as proof of identity
  • Someone who knows you well (like a Probation Officer or support worker) can give a reference for you, to confirm that you are who you say you are and that you could hold down a tenancy
  • Spent convictions don’t have to be disclosed on housing application forms but convictions will normally be requested, in which case you must disclose your unspent convictions
  • You have the right to challenge a decision refusing to let you go on a council housing waiting list, and you should get a letter telling you why you have been refused
  • You may have to re-apply each year
  • Your application may be deferred if you are in prison – you need to let the council know at least 6 weeks before you are due for release, to activate the application
  • In lots of places, you need to make a bid to say you are interested in a particular house or flat – and you can often get help to make bids if you are in prison

Getting on the waiting list

Most councils keep a waiting list for housing (sometimes known as a housing register). It may be the same waiting list for all the housing associations in the area, and in a few places, private landlords join in with this too. There may be only one application form for all the housing associations, and it may also be used by other councils in the area, if there is a joint Choice Based Lettings Scheme (see more about this in the later section).

Application forms

The first step is to complete an application form. It is more and more common for councils to expect people to apply by filling a form online. You can find the form on the council website or on a site which is just about applying for council housing in that area. If you are in a prison with no internet access, you can ask for a paper copy of the form to be sent to you. Check that a Consent Form has been sent for you to sign at the same time.

The GOV.UK website can tell you which council to apply to if you put in a postcode in the area you want to live in (for example for the place you are staying at temporarily or the postcode for a friend or family member). This also gives some basic information about applying for and living in council housing.

Other places to get advice are Shelter, the Citizens’ Advice Bureau in your area, or the Homelessness or Housing Options service.

Choosing the size of accommodation you need

It’s important to apply for accommodation that fits the size of your household. If you are a single person, or are applying as part of a couple, you are not likely to get enough Housing Benefit to pay the full rent for a house or flat with more than 1 bedroom, even if you need this so your children can stay with you occasionally. If you need to claim Housing Benefit, in most cases you will not get benefit to cover the rent for more bedrooms than you need for yourself and any family who live with you permanently.

Restricting who is allowed on the list

Some councils have restrictions on who can apply to them for housing. Councils may decide that houses or flats will only be offered to people who come from the area, or that they will not house people with particular criminal histories, or that some types of accommodation are for people in particular age bands. The Government is also proposing to change the rules so that you must have lived in the area for 2 years to be able to be housed there in council or other social housing.

Information needed to get on the waiting list

The information usually needed when applying is:

  • Your name, and the names of anyone else applying to be housed with you
  • Dates of birth, and National Insurance numbers, for everyone who wants to live together (and proof of the NI number on a NI card, payslip, or P45/P60)
  • Current address for each person wanting to live together
  • Previous addresses for the main applicant (usually for the last 5 years)
  • Details about your current home, and why you want to or need to move
  • Any disability or other medical, welfare or other problems which mean you need to move (this is particularly important) or need support
  • Ethnic origin, and whether you are a British citizen or not
  • Where you want to live
  • Whether you or anyone wanting to live with you has any criminal convictions (this only relates to unspent convictions)
  • Name of one or two referees
  • Proof of identity – a driving licence, passport, or other form of proof with a photograph of the main applicant
  • Proof of living at the current address – a gas or electricity bill, bank statement, phone bill with that address on

Providing the information needed if you are in prison

If you are homeless or in prison at the time of applying and can’t get references from a previous or current landlord, most councils will accept a character reference and other information from someone like a Probation Officer, a housing support worker or someone else who has known you for some time, and is not a relative. The point of this is to confirm that you are who you say you are, and that the referee thinks you are capable of holding down a tenancy.

If you do not have a passport, a driving licence or another proof of identity with a photo, the proof of identity can be a photo taken recently. This needs to be attached to the application form so that you can be recognised and your identity confirmed.

If you are due to be released from prison, the council may ask for the expected release date, copies of release papers, and the name and contact details of your Probation Officer.

It is a criminal offence to give false information in order to get somewhere to live from the council, or to withhold information deliberately. If accommodation is provided and then it is discovered that false information was given in order to get somewhere to live, the council can ask you to be evicted (but this can only be done through the courts).

Once you are registered

Once an application is registered, you will be sent a letter confirming your registration number and registration date. You will also have a PIN number and user name if you have registered online. It is important to keep all this information safe.

If in prison, the local council may defer (freeze) the application because an offer of accommodation could not be accepted whilst you are in prison. If this happens, the council should be contacted before release (6 weeks before would be good) and the application is then made “live”. The waiting time will then date back to the original registration date, so it is still worthwhile getting your application in as soon as possible.

Disclosing a criminal record

Application forms all ask the applicant to say if they have a criminal record, and if it is not a spent conviction, to supply more information. Spent convictions do not have to be disclosed. The sentence in the form will say something like:

“If you or anyone who wants to be rehoused with you has any criminal convictions which are not spent as explained in the Rehabilitation of Offenders Act 1974, you must tell us about them here. You must set out all of the details of the conviction in full.”

Spent and unspent convictions

Spent convictions are those which can be ignored after a specified amount of time. The amount of time depends on the sentence, and the more serious the conviction, the longer the period of rehabilitation that is expected before people can be rehabilitated and start with a clean slate. Unspent convictions must be mentioned on the form. To work out whether your record is spent, visit www.disclosurecalculator.org.uk.

Consent forms

You might be asked to fill in a consent form to allow the council to send off to other organisations to get more information. This is likely to be the case if:

  • You say you have a criminal record, or
  • are known by housing staff to have a criminal record or to have committed anti-social behaviour, or
  • there are gaps in the housing history filled in on the application form

Some councils have, in the past, introduced policies that involve them writing to the local police force to ask what a conviction was for, if the person has mentioned that they have a criminal record, or if there is a gap in the person’s housing history and the council want to find out if someone was in prison during that period. The council should not ask for this information about all applicants who have convictions; only those where they think the convictions may be relevant to their eligibility for housing. The council should also not ask you to prove your criminal record by asking you to get what is known as “a subject access request”. This means forcing someone to find out information that is held about them by the Police, which is illegal under Section 56 of the Data Protection Act 1998.

When the council has the information it needs, it will then decide whether you can go onto their waiting list or register. The decision will depend on what their housing allocations policy says.

Can you check what information the council holds about you?

An applicant accepted onto the Housing Register is entitled to see their entry and to receive a copy of what is held about them. The right covers all information recorded about you, including information held on computers, in e-mails, and in printed or handwritten documents, as well as pictures and video or audio recordings. There may be a charge for this, up to a maximum of £10.

For information the council has got from other organisations, such as the Police, Social Services, or Probation, they may write to ask that organisation if they give permission for the information to be shown to you.

Council housing allocations policies

Many councils are in the middle of rethinking their allocation policies. This is because the law has recently changed, through the Localism Act 2011.

Under the Homelessness Act 2002, councils could refuse to allow someone to go on their list (and could refuse to house them) only if

  1. they were either someone who was not allowed to use public services because they came from abroad (this is a very short summary of the rules in this case) or
  2. because they were not suitable to be a tenant because of earlier “unacceptable behaviour” such as rent arrears or criminal or anti-social behaviour

The Localism Act 2011 keeps the rules about those from abroad, but now allows councils to decide for themselves who can or cannot qualify for their waiting list or register. This came into force in June 2012, but as some councils have not yet changed their policies, the notes below explain what to do if the council refuses to let someone apply for housing under the old rules, and then under the new rules.

Councils must publish their allocations policies and must provide anyone who asks with a copy of it, at least in summary. There will usually be a copy of the policy on the council website. You are also entitled to ask for information which will help you to assess how your application is likely to be treated, whether you will have any priority (under rules about “reasonable preference”), whether you can be housed, and how long it might take.

Some groups get priority

Council allocation policies must give some priority to people who fall within certain groups (or give “reasonable preference” to some groups). These include people who are homeless and in “priority need” because they are in a family with children, a pregnant woman, under 18s, or have some other special need, and also people living in very unhealthy or overcrowded accommodation, or people who need to move because of medical problems.

As well as setting the policy for allocating the council’s housing (where the council still has its own housing), each council’s allocations policy sets out who will get priority for nominations to housing associations. This is particularly important where the council no longer has its own housing and all lettings of social rented houses or flats are done by housing associations for properties they have in the area. It is also important when new houses and flats are being let by a housing association, as in many cases, the arrangement will be that the council can propose who gets a proportion of the properties, often up to half of the properties being let. This allows local councils to make sure that the people most in need are likely to be offered housing.

What to do if you are not allowed on to the council’s waiting list or housing register

The old rules (may still be in use)

Under the old rules, the council could decide that your tenancy record or a history of anti-social or criminal behaviour means that you are not suitable to be a tenant because of “unacceptable behaviour”. You would usually be told that you are not eligible to go on the waiting list, but some councils say that the person can go on the list but their application is suspended or deferred. Technically, these two things are different, but in practice they mean the same: the person will not be offered any housing until they can show that their behaviour has changed.

Examples of what is considered to be unacceptable behaviour for someone wanting to be a council tenant are:

  • serious or persistent rent arrears from a former tenancy
  • serious nuisance or annoyance to neighbours
  • domestic violence
  • harassment, violence and intimidation to council or other staff
  • damage to a house or flat
  • selling drugs from a house or flat
  • a conviction for an offence committed in the house or flat or in the local area – such as burglary from a neighbour’s house, keeping stolen goods in their home, or assaulting a local shopkeeper

Each case has to be considered individually, so councils are not allowed to make a rule which would apply to all people with convictions, or to anyone convicted of a particular type of crime. Decisions must be based on evidence that the person with rent arrears had built up serious or persistent rent arrears, or that the person who had a record of nuisance, harassment or crime had been guilty of behaviour that would be serious enough for them to be evicted very quickly if they were a council tenant. All decisions could be challenged by asking for a review of the decision, in writing, within 21 days of receiving a letter giving the decision. (All decisions to say that an applicant is ineligible to go on the waiting list must be given in writing, with a note saying how to ask for a review.)

The Police sometimes provide information about convictions which do not affect the person’s ability to be a good tenant. Under the old rules, information about these sorts of crimes should not be taken into account in deciding whether the person can be allowed onto a council waiting list. If you think that the council has used information about convictions which have nothing to do with housing, you can ask for the decision to be reviewed.

If the council refuses to let you join the waiting list because of “unacceptable behaviour”, there are several ways to change or challenge this:

  • Check whether the council has evidence that the rent arrears built up because of your own actions or decisions, and not because of factors outside your control (for example, Housing Benefit not being paid on time)
  • Ask for information about what crime or anti-social behaviour is being taken to show that you have been guilty of unacceptable behaviour which is serious enough that you would have been evicted if you had been a tenant already
  • Ask for information about when the crime or poor behaviour being taken into account happened

If the rent arrears are not at a serious level (the council may define the level they see as serious in their policy), or if the crime was not one which could lead to a speedy eviction if the person had been a tenant, or was committed a long time ago, then it may be worth asking for a review of the decision that you are ineligible to join the waiting list.

If the council confirms its decision that you’re ineligible to apply because of rent arrears or previous/current behaviour, you can ask for the decision to be reviewed at any time if you can show that your behaviour has changed. This could be by:

  • Showing that you are committed to paying your rent by regularly paying rent or something off the arrears. This can be as little as £1 a week, and usually needs to be paid for 12 or 13 weeks in a row. Paying a little off the rent arrears each week when someone is in prison is usually taken as proof that the person is committed to paying their rent
  • Providing evidence that your behaviour has changed – a letter from a Probation Officer, or housing support worker, or a drugs worker would be important here

Councils could also decide to allow you on the waiting list but then not allocate you a property because of new information about your unacceptable behaviour. The same challenges as above can be made to try to get the decision changed.

New rules from 2012

Under the new rules, the council can decide who does and does not qualify for the waiting list. People who do not qualify could include, for example, those who would have been found to be ineligible under the old rules such as people who have been convicted of selling drugs, or those who have been found guilty of violence towards housing or other council staff, or anti-social behaviour. It can also include people who do not have a local connection with the area.

Councils are advised not to disqualify groups of people who are mentioned in their Homelessness Strategy as likely to be at risk of homelessness and needing special help to make sure they find somewhere to live, or those who have medical or welfare grounds for getting extra priority. However, an individual applicant could be disqualified even though they have an urgent or a medical need for housing.

Some councils have decided to exclude people who have:

  • as little as £100 rent arrears
  • been guilty of breaking any rule in their tenancy agreement within the last 3 years
  • any unspent conviction or recent anti-social or criminal behaviour
  • been found to be intentionally homeless

Anyone who has been disqualified can make a new application, but it is up to you to show that the circumstances have changed. As above, this can be done by

  • Showing you are committed to paying something off the arrears.
  • Providing evidence that your behaviour has changed – a letter from a Probation Officer, or housing support worker, or a drugs worker

As in the old rules, anyone who is disqualified must be told this in a letter, and must be told what grounds have been used for making the decision. You can ask for a review of the decision and must be told what the result of the review is. After that, there is no right of appeal to an independent court or tribunal.

Who does the review?

Reviews often have 2 stages. The first stage is for a senior housing officer, someone who was not involved in the original decision, to look at it, and review all the information collected and what decision was made. If the decision is not changed at this stage, you can ask for another stage, for an elected councillor to look at the decision again.

Deciding on who will be housed in a particular property

The process

Many councils now decide who will get a particular property by first asking applicants to bid for the house or flat they want to live in. These are called Choice Based Lettings schemes, and they usually work as shown below:

housingprocess

This is what you need to know about Choice Based Lettings schemes:

  • There is normally a weekly list of vacant properties advertised in housing offices, on the internet, in the local paper, or in advice centres
  • The advert says what size of family could apply (for example a 1 person household, or a family with 5 people) and whether there are any restrictions, such as being over 40, or needing accommodation with adaptations for a disability
  • Anyone interested in living in that property makes a bid. This can be done in a number of ways: often by phone, over the internet, by post, by text, or at a housing office. There will be a deadline for bids to be received each week. It is usually possible to bid for more than one property each week, up to a limit (often 3).
  • People who are not able to bid for themselves (for example someone in prison) may be able to ask someone else to bid for them – this usually has to be arranged with the council beforehand.

After the bids have been received, the housing officer weighs up the different bids that have come in. They may have to take into account people who are homeless or who have priority because of a medical problem or an urgent need to move. If not, they will usually decide that the person who has been waiting the longest will be offered the property.

The last steps in the process are:

  • They will usually let the successful bidder know (but not all councils let unsuccessful bidders know as there may be too many to do this).
  • The successful bidder gets an offer and has to respond within a few days to say whether they want to move into the property or not.

Getting priority

Allocation policies give priority in several different ways. Some give priority for people with the highest points, but most give priority to people in different bands. The example below is for a council policy which has 5 bands. People who do not have an urgent, high or medium need to move (Bands A, B or C) are unlikely to be offered a property in most cases.

Band A: Urgent Need – Such as people who are homeless and in a priority group, or have a life-threatening medical condition, or live in a property which is dangerous, or have to move because of violence
Band B: High Need – Such as people who need to move because of overcrowding and their house is in very bad condition, and they have a medical need to move, or people in a priority group who are at risk of becoming homeless soon
Band C: Medium Need –  Such as single homeless people, or people whose health is being made worse by the conditions in the house where they are living, or whose home is overcrowded, or people who are ready to leave (temporary) supported housing
Band D: Low Need – Such as people who do not have an urgent need to move but who are working in the area, or making a community contribution in the area
Band E: Reduced Priority – Such as people who have rent arrears, have no local connection with the area, have had a tenancy before but did not look after their house very well, or broke tenancy conditions, or have refused 2 reasonable offers of housing in the last year.

Anyone who thinks they have been put in the wrong band can ask for this to be looked at again.

Some councils give priority to people who show that they are trying to find work, or are working, or that they are “making a community contribution”. This could be by doing volunteer work with a local charity, or in a local community group, but it would also include time spent being a representative for people who live in supported housing or being part of a service user group for people with substance misuse problems.

Points systems

A few councils use a points system to decide who is at the top of the list. In this case, the applicant does not bid but waits to get a letter or phone call telling them they have come to the top of the list. The decision about who will be offered the property will depend on a combination of factors like the person’s need for housing, and the length of time they have been on the list or in housing need.

Quota systems

Some councils use a system which allocates a property to the next person in a particular group (this is called a “quota system”).

Getting an offer of a property

The housing officer makes an offer of a house or flat to the applicant (usually over the phone, or in writing if the person can’t be contacted by phone). The property might have to be viewed soon after getting the offer (perhaps only 2 days). If you don’t turn up to the viewing, your application might be downgraded.

A housing officer may go with you to see the property. You need to decide if you are going to take the property. You will then need to go in to the housing office to sign for the tenancy. This process could take up to an hour, and might include getting benefit advice and help to fill in Housing Benefit forms.

With bidding systems, if the offer is refused, you can usually go on to bid for any other properties you are interested in. With other systems – such as a points system – the application may be sent further down the list if the offer is refused.

Moving in

Once the offer of a property is accepted, the tenancy is likely to start very soon. This could be in less than a week’s time, depending on whether the sign-up has happened at the start of the week or later in the week. So it is very important to make a Housing Benefit claim straightaway as the rent will be due from the start.

Other things that need to happen when moving in are: having meters read, a gas fitter coming out to turn the gas on, and arranging for furniture to be delivered. Councils may provide a furniture pack, with the cost of this covered in the rent and by Housing Benefit.

Useful links

Below you will find links to useful websites relating to this page. More specific details (including addresses and telephone numbers) of some of the organisations listed below can be found here.

  • National Homeless Advice Service (NHAS) – NHAS provides free expert advice, training and support to housing professionals working in local councils, voluntary advice agencies, local Citizens Advice and public authorities in England.

Changing your name

Aim of this page

If you’ve ever considered changing your name, then this page aims to set out ways in which you can go about doing it.

Why is this important?

People change their names for many reasons. For people with convictions, it is generally because they want a fresh start. The “google effect” means that for many, their past can be accessed at any time online, particularly if the original conviction was featured in the media. If you’ve been unsuccessful in getting a search engine to remove links to your name, then changing it may be the next best option.

Why bother?

Firstly, it’s worth noting here that changing your name isn’t a way for you to get away from your criminal record being formally disclosed, for example when a criminal record check is carried out. It’s also not for everyone. Some people feel (understandably) connected to their name as part of their identity, and so don’t want to give this up.

The main reason behind it is to try to avoid what could be described as ‘informal’ disclosure, such as what people read in newspapers or online.

If you’ve secured a new job, moved to a different area or made new friends, there is always a fear that new work colleagues or friends will treat you differently if they find out about your previous convictions before you’re ready to tell them. We often hear from people who managed to get a job where they weren’t asked to disclose their convictions, but then a colleague looked them up online and notified the employer who decided to terminate their employment. We also hear of people who reach the stage where their conviction becomes spent, but the newspaper’s website which featured the original conviction details refuse to remove the details from their site.

Are you allowed?

There is nothing preventing people with criminal convictions from changing their name.

If you have any pending criminal prosecutions against you then you will be required to notify the police about the change. If you are on licence or under probation, then you will be required to inform your probation officer and if you are on the Sex Offenders Register, you are required to notify the police within 3 days of changing your name. Failure to inform the police may result in a criminal conviction.

How to change your name

If you wish to be known by a different name you can change your name at any time, providing you do not intend to deceive or defraud another person. There is no legal procedure to follow in order to change a name. You simply start using the new one. You can change your forename or surname, add names or rearrange your existing name.

There are some restrictions about what you can change your name to and why. You may not change your name:-

  • In order to commit an illegal act, i.e. fraud.
  • To something that is rude or offensive.
  • To imply or include a title such as Lord, Lady, Duke or Duchess (unless that’s true)
  • To something that includes symbols or numbers.

Before you change your name, you should check that your name change will be accepted by:-

  • Your employer
  • Any institute or professional body that you are a member of
  • Your country of origin, if you are a foreign national living in the UK
  • The relevant authorities of the country you are living in, if you are a UK national living overseas

Once you have decided to change your name, you can use the new name for all purposes.

Evidence of change of name

You don’t need legal proof that you have changed your name, provided that you can be identified by your new chosen name.

However, there are some circumstances e.g. applying for a passport, when additional evidence of the change of name is required. The evidence required varies depending on the purpose for which it is needed and can include:-

  • A letter from a responsible person
  • A public announcement
  • A statutory declaration
  • A deed poll

Letter

A letter from a responsible person, such as a GP, solicitor, priest or MP will often be enough evidence that you have changed your name. The letter should state that the person has known you in both names and that the change of name is to be used for all purposes. A letter will not be enough if you are applying for a UK passport.

Public announcement

You may want to record your name change by placing an advertisement in a local or national newspaper. This should state that you have stopped using your previous name and have assumed a new one. A copy of the advertisement can then be used as evidence that you have changed your name.

Statutory declaration

For most purposes, a statutory declaration is accepted as evidence of your change of name. A statutory declaration is a statement recording your intention to abandon your old name and adopt a new one.

You can prepare a statutory declaration yourself, or use a solicitor to help you.

You must sign your statutory declaration using your new name. It should be witnessed, either by a solicitor (other than the one that helped you prepare the declaration) or by a Justice of the Peace (a lay magistrate who works in the Magistrates Court).

Some Magistrates Courts are reluctant to witness statutory declarations for a change of name because they believe that a deed poll should be used instead. You should explain to the Court that you require a statutory declaration purely as evidence and that you do not want the more formal deed poll.

Solicitors usually charge for preparing and witnessing a statutory declaration and you will need to pay a fee to the Court if a JP witnesses your declaration.

Deed poll

A deed poll is a formal statement to prove that your name has been changed. For most people it will not be necessary to prepare a deed poll as evidence that they have changed their name. However, there may be cases when a deed poll is required, e.g. when applying for a passport.

You can prepare your own deed poll. Once it is prepared you should ensure that it is signed in the presence of an independent witness, who must also add their name, address and occupation. You will need to have two witnesses if you wish to have your deed poll enrolled (registered). The deed poll should state that it is ‘signed as a deed and delivered’.

There are online services to help you prepare a deed poll and these may be cheaper than using a solicitor. If you want to officially enrol the deed poll, it is advisable to have it prepared by a solicitor, although this can be expensive.

Enrolling a deed poll provides a public record of a person’s name change. Since 1914 the details of the name change are published in either the London Gazette or the Belfast Gazette. Deed polls that have been enrolled at the Royal Courts of Justice in London remain there for five years. After that, they can be found at the National Archives located in Richmond, Surrey.

You can get a deed poll enrolled in the central office of the Supreme Court and the cost for preparing and enrolling the deed poll is currently £102.

The contact details are:

Enforcement Section Manager,
Room E15,
Queen’s Bench Division,
Action Department,
The Royal Courts of Justice,
Strand,
London,
WC2A 2LL
Telephone: 020 7947 7772 (option 5)
Email: (enquires only) qbenforcement@hmcts.gsi.gov.uk

Discuss this with others

Read and share your experiences on our online forum.

More information

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  3. Questions – If you have any questions about this, you can contact our helpline.

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Sources of identification

Aim of this page

This information aims to set out the reasons why you are likely to need identification and the different types of identification that are available.

Why is this important?

Whether you’re trying to open a bank account or apply for a job you’ll need to be able to provide the bank or a potential employer with some form of identification in order to verify that you are who are say you are. Getting ID whilst you’re in prison or just after release can be quite difficult and this page sets out some of the options which may be available to you.

ID required when opening a bank account

If you are looking to open a bank account, you can find further information here.

ID required when seeking a job

Right to work

Employers have a legal obligation to confirm the identity of anybody they are looking to employ as well as their right to work in the UK in order to comply with the requirements of the Immigration, Asylum and Nationality Act 2006. If they’re unable to do so then it’s unlikely that they’ll take your application any further.

  • Appearance (for example photo ID)
  • Full name (including forenames, last name and any other name you wish to be legally known by)
  • Signature
  • Date and place of birth
  • Current address

If you are having difficulties providing documents to your employer, see the section below.

If you’re applying for a job which requires a formal criminal record check then in addition to verifying your identity with your employer, you’ll need to provide evidence to the Disclosure and Barring Service. The documents you need will vary depending on the level of check that you are applying for.

Basic criminal record checks

To verify your identity for a basic DBS check you’ll need:

  • Details of your addresses for the last 5 years and the dates you lived there
  • Your National Insurance number
  • A debit or credit card
  • Proof of your identity, for example a passport, valid driving licence or birth certificate.

Further information can be found on our step by step guide to applying for a basic DBS check.

Standard and enhanced criminal record checks

Anybody applying for a standard or enhanced check will need to provide documents from three groups. Primary documents include:

  • Passport
  • Biometric residence permit
  • A valid driving licence (full or provisional)
  • Birth certificate
  • Adoption certificate

Further details can be found here.

ID required when making benefit claims

If you’ve set up an online account to start your Universal Credit claim, you’ll be asked to prove your identity using the government’s ‘Verify’ system. If you have any problems doing this, you’ll need to provide proof of your identity in person at the job centre.

The documents you will need could include:

  • Your passport
  • Driving licence
  • EEA national identity card

A full list can be found here.

Under the list of Secondary ID, the government refer to Form B79, a form used to notify the Department for Work and Pensions staff that a person has been discharged from prison and advised to claim benefit. However, following recent discussions Unlock have had with Her Majesty’s Prison and Probation Service (HMPPS) there appears to be uncertainty as to whether this form is still being used by prisons. We are awaiting further clarification around this.

Overcoming problems with ID

Having no photographic ID

If you genuinely can’t provide photographic ID then it may be worth asking your employer if they would accept a counter-signed passport photograph. Your employer may insist that the person signing the form has some standing in the community and has known you personally for say at least two years.

Having no proof of address

If you can’t provide proof of address in your own name, then a check of the electoral register can be carried out with the local authority where you are residing. If you’re officially recognised as homeless and of no fixed abode, then it may be possible to get a referral to Crisis who may be able to support you in getting a copy of your birth certificate or a driving licence as a suitable form of ID.

Documentary evidence for young people

Young people (those aged between 16 – 19) often struggle to provide ID. Employers will often accept:

  • A valid and in-date identity card carrying the ‘PASS’ accreditation logo, for example a UK CitizenCard – see below
  • A photograph counter-signed by a person of some standing in the community

  • A student loan agreement
  • A qualification certificate
  • NI card or letter from HMRC
  • A letter from your headteacher, tutor or college principal verifying your name, address, date of birth etc.

Specific types of ID

Citizencard

CitizenCards were the first ID cards in the UK to bear the hologram issued by PASS (Proof of Age Standards Scheme). This means that it’s recognised as valid ID under the law. The standard cost is £15. However, through a prison or probation officer, it’s possible to get them for £7.50. A prison or probation officer needs to register with CitizenCard, so that they hold a copy of their signature on their records. Then, as part of the individual application process, the person registered counter-signs a photo of you. If you want to apply for one at £7.50, you’ll need to try and find someone is registered with CitizenCard. Alternatively, a prison or probation officer can contact CitizenCard directly if they are interested in registering. There are some specific forms that they need to complete. People on probation are able to make use of the discounted price through their probation officer.

A standard application takes approximately 21 working days although it is possible to pay an additional £15 (£30 in total) for an urgent application which is returned within 2 working days.

If you don’t have any official documentation confirming your identify then you’ll need to get a referee to countersign a passport sized photograph and your application form. Referees should be over the age of 25, in full time education and be on the permitted list (see below)

  • Your doctor / dentist / nurse / administrator at your GP or dental surgery
  • Your teacher / tutor / head of year /administrator at your school, college or university
  • Your social worker
  • Your certified solicitor
  • A bank or building society staff member at your branch
  • Your prison or probation officer
  • Your Jobcentre Plus work coach

National Insurance Number (NINO)

  • you need claim benefits and/or tax credits
  • you have the right to work in the UK
  • you are entitled to and have applied for a student loan and require a National Insurance number

NINOs are issued automatically to UK born residents at the age of 15 years and 9 months as a result of a sucessful claim for Child Benefit. Any adults who have not received a NINO through this process are required to attend a Jobcentre Plus Evidence of Identity interview in order for a NINO to be application. As the vast majority of the UK born adult population already have a NINO from age 16 onward. the adult NINO allocation process applies predominantly to people entering the UK from abroad. In addition to establishing identity, if applying for a employment-related NINO you also have to prove your right to work in the UK.

The primary purpose of a NINO is to provide an internal reference number which enables the correct link to be made between an indvidual and their social security, child support, tax or contribution record. For benefit purposes, an individual is required to either provide their NINO, or sufficient information for one to be traced or allocated.

For employment purposes an individual is required to obtain a NINO to ensure your contribution records can be accurated maintained. There is however no requirement for an individual to obtain a NINO prior to taking up employment. Employees are required by law to provide their NINO to their employer, but no specific time limit is set. Where an individual does not have a NINO, the employer should ensure they record the individuals full name and date of birth so that contributions can be recorded and linked to the individuals account when the NIN is received. It is in the interests of both the employers and employee that they do obtain a NINO at the earliest opportunity.

Applying for a National Insurance number

Jobcentre Plus will arrange an Evidence of Identity (EOI) interview for you or send you a postal application. They will confirm the date, time and location of your interview. They will also tell you what information and documentation is required to support your application.

What to expect at the ‘Evidence of Identity’ interview

The interview will usually be one-to-one (unless, for example, you need an interpreter). You will be asked questions about who you are, why you need an National Insurance number, your background and circumstances. During the interview an application for an National Insurance number form will be completed and you will be asked to sign this form.

If you don’t have any official documents you still have to go to the interview. The information you are able to provide might be enough to prove your identity.

Proving your identity

You will need to prove your identity to the Department for Work and Pensions (DWP) if:

  • you are starting work or looking for work and need an National Insurance number
  • you need an National Insurance number in order to claim benefit, pension or allowance

DWP will accept a range of documents (originals, not photocopies) when you are proving your identity. The following list is not exhaustive and you should always bring as many identity documents as you can to your interview.

  • valid passport (UK or foreign)
  • national identity card (UK or foreign)
  • residence permit or residence card (including biometric immigration residency documents)
  • full birth certificate
  • adoption certificate
  • full marriage certificate
  • civil partnership certificate
  • driving licence (UK or foreign)

If you do not have any of these (or any other) identity documents, then you can still apply for a National Insurance number and the information you supply will be checked and may be sufficient to prove your identity.

What happens after the interview

If you were asked to provide additional information you will need to do this by the agreed date. Jobcentre Plus will then write to you letting you know whether your application has been successful or not and notifying you of your National Insurance number where appropriate.

You should tell your employer your National Insurance number as soon as you know it.

However you obtain your National Insurance number normally you’ll get a plastic National Insurance number card too. This may take up to 12 weeks from when you applied.

The card is a useful reminder of your National Insurance number but it is not proof of your identity and you don’t need to have one to start work. It’s your National Insurance number that’s important not the card.

If you’ve lost or can’t remember your National Insurance number

If you think you already have a number but can’t remember it, you might be able to find it on official paperwork like:

  • your P60 (end of year tax statement, given to you by your employer)
  • a payslip
  • a copy of your annual tax return
  • other official correspondence

If you still can’t find your number, you can ask HM Revenue & Customs (HMRC) to confirm it by contacting the National Insurance Registrations Helpline on 0845 915 7006.

If you are in prison and need to know your existing National Insurance Number:

You will need to write a letter requesting your National Insurance Number.

  • Full Name
  • D.O.B
  • Last Residential Address
  • Current Address

The letter should be sent to HMRC NI, Contributions Office, Benton Park View, Newcastle upon Tyne, NE18 1ZZ

Useful links

Below you will find links to useful websites relating to this page. More specific details (including addresses and telephone numbers) of some of the organisations listed below can be found here.

More information

  1. For practical information – More information on looking for (and keeping) volunteering and employment and financial issues.
  2. Questions – If you have any questions about this, you can contact our helpline.

Get involved

Help us add value to this information. You can:

  1. Comment on this page (below)
  2. Send your feedback directly to us.

Understanding your licence conditions

Summary

Often, with hindsight, people released from prison say that they thought prison would be the hard bit, when in fact it was after prison that they really started encountering problems.

Being released from prison can be a daunting experience. Being released on licence can be even worse.

Given the way that the current legislative/sentencing regime operates, most people being released from prison are released in advance of the point that they were sentenced to serve by the judicial system. This means that there is a large number of people being released from prison “on licence”.

For additional information about supervision in the community after release from prison see here.

We are unable to provide specific legal advice around your own situation, i.e. when your licence should end, when you can be recalled, how you can be recalled, etc.

Licence conditions

If you were sentenced to more than 12 months in prison,but less than four years, you may be released early on licence.

You will also have a licence if you’re out of prison on a home detention curfew (on a tag). Being on licence means that you are still serving a prison sentence but you can live in the community instead of being in prison. Whilst you are on licence, there are rules you must follow. How long these rules apply for depends on the length of your sentence. If you break the rules, you’ll have to go back to prison (be recalled).

Who determines standard determinate sentence licence conditions?

The Parole Board is no longer involved in imposing licence conditions. Governors now have responsibility for including any additional conditions though these must be from the approved list and recommended by Probation. If Probation want to add a condition not listed or a governor is concerned about the need for additional conditions they must seek advice from the Public Protection Unit. The licence is prepared by Custody/Discipline office and should be explained to you at least one week before release.

What if I refuse to sign the licence?

The licence remains lawful irrespective of whether you sign it. If you refuse to sign it, the governor will sign to confirm the conditions have been read out and explained. A copy is given to you on release and further copies are kept on your records at the prison and sent to the police.

How can I challenge my licence conditions?

A complaint about the necessity or proportionality of additional licence conditions imposed can be considered by the Prison and Probation Ombudsman. You will first have to complain internally through Prison/Probation.

Are life licence conditions different?

Life sentence conditions are set by the Parole Board but are very similar to the standard conditions. Additional conditions can also be imposed and again are likely to be similar to those on standard determinate sentences.

As a lifer, will I be on licence for ever?

Although the life licence remains in force and you are liable to recall for the rest of your life, you can apply to the Secretary of State (via request to Probation) and request that, as the conditions are no longer necessary, they are cancelled. The supervision or reporting restrictions normally remain in force for around 4 years, though this can be up to 10 years for people convicted of sexual offences, and can remain in force for longer or shorter periods depending on your own case. The Secretary of State will normally refer the case to the Parole Board before cancelling the supervision requirements. Even where there are no longer any supervision requirements you can be recalled for committing other offences etc

Useful resources

Licences and licence conditions (Prison Service Instruction 12/2015) – This explains the various conditions that can be attached to a licence.

Standard conditions of licence

The Criminal Justice (Sentencing) (Licence Conditions) Order 2005 (Statutory Instrument 2005 No. 648) below sets out the standards conditions. An explanatory note for the SI is also available.

(1) The conditions set out in paragraph (2) are the standard conditions prescribed for the purposes of section 250 (1) of the Criminal Justice Act 2003.

(2) The prisoner must-

(a) keep in touch with the responsible officer as instructed by him;

(b) receive visits from the responsible officer as instructed by him;

(c) permanently reside at an address approved by the responsible officer and obtain the prior permission of the responsible officer for any stay of one or more nights at a different address;

(d) undertake work (including voluntary work) only with the approval of the responsible officer and obtain his prior approval in relation to any change in the nature of that work;

(e) not travel outside the United Kingdom, the Channel Islands or the Isle of Man without the prior permission of the responsible officer, except where he is deported or removed from the United Kingdom in accordance with the Immigration Act 1971 or the Immigration and Asylum Act 1999 [See Article 3 Explanatory note];

(f) be of good behaviour, and not behave in a way which undermines the purposes of the release on licence, which are to protect the public, prevent re-offending and promote successful re-integration into the community;

(g) not commit any offence.

As well as these standard rules, your probation officer might have recommended extra conditions, like not making contact with certain people or not living at the same address as children. Your licence will say what the extra conditions are. If you have to miss an appointment with your probation officer, it’s important to be able to show them proof of the reason. For example, if you are ill, get a doctor’s note. Examples of conditions are listed below:

(1) Conditions of a kind set out in paragraph (2) are prescribed for the purposes of section 250(2)(b)(ii) and (4) (b) (ii) of the Criminal Justice Act 2003.

(2) The conditions are those which impose on a prisoner:

(a) a requirement that he reside at a certain place;

(b) a requirement relating to his making or maintaining contact with a person;

(c) a restriction relating to his making or maintaining contact with a person;

(d) a restriction on his participation in, or undertaking of, an activity;

(e) a requirement that he participate in, or co-operate with, a programme or set of activities designed to further one or more of the purposes referred to in section 250(8) of the Criminal Justice Act 2003;

(f) a requirement that he comply with a curfew arrangement;

(g) a restriction on his freedom of movement (which is not a requirement referred to in sub-paragraph (f));

(h) a requirement relating to his supervision in the community by a responsible officer.

(3) For the purpose of this article, “curfew arrangement” means an arrangement under which a prisoner is required to remain at a specified place for a specified period of time which is not an arrangement contained in a condition imposed by virtue of section 37A(1) [See Article 3 Explanatory note] of the Criminal Justice Act 1991 Act or section 250(5) of the Act.

You can apply to your probation officer to change your conditions. For example, if a curfew would mean that you can’t take up a suitable job, the hours of your curfew could be changed.

Supervision and support whilst on licence

You should be allocated a supervising probation officer who will supervise you on release. The supervising officer must ensure that a first appointment is arranged for the day of release (or next working day).

It is stated in PSO 4700 that the supervising probation officer has to ensure that arrangements are made for weekly contact for the first four weeks following release. In addition one contact has to be a visit to the home address within 10 days of release. Contact should comprise a minimum of fortnightly for the second and third months following release and thereafter monthly.

Accommodation

You won’t be considered for early release until you have a suitable address. This could be with friends or family or at a hostel. You might get help from the council to pay for your accommodation. You aren’t allowed to move without permission from your probation officer.

Work

You aren’t allowed to take a job unless your probation officer approves of it. There are rules about declaring your criminal record when you apply for a job. For some jobs, such as working with children, disabled people or other vulnerable people, you’ll always have to declare all your criminal convictions.

It is stated in the Lifer Manual that the supervising probation officer must consider advising certain third parties of the nature of the offence and implications of the supervision process including conditions. In the case of partners, employers, educational providers and accommodation suppliers the presumption is in favour of disclosure. The preferred approach is for the licensee to disclose this information themselves.

Partners

There is a presumption in favour of disclosure by probation to partners of the licensee.

Healthcare

The prison isn’t responsible for your healthcare if you’re serving your sentence in the community. Unless getting treatment is one of your conditions, it’s up to you to get any healthcare you need. When you leave prison, it’s a good idea to register with a GP.

Travelling abroad whilst on licence

You have to get permission to travel abroad, and all people on licence face restrictions on travelling abroad whilst on licence supervision in the community. We have put together some information for people in this situation within our section on travel abroad.

If you break the rules – Recall

You can be sent back to prison if you break the rules.

First of all, your probation officer will look at your case. They might give you a warning or they might decide you should go back to prison. If they think you should go back to prison, they’ll ask the Ministry of Justice to order you to return to prison. This decision can be taken very quickly – in emergency cases, the decision can be taken within two hours. You’ll be arrested and taken straight to prison. This would usually be your local prison, not necessarily the one you were released from.

If you committed another criminal offence while you were out on licence, you’ll go to court for that offence. If you’re found guilty, the new sentence will be added on to your old sentence.

If you’re sent back to prison for breaking your conditions, you should get legal advice as soon as possible. You might get Legal Aid.

A licence can be revoked at any time and the licensee recalled to prison by the Secretary of State on the recommendation of the parole board. If the licence is revoked, the licensee is immediately recalled to prison to continue her life sentence. The licensee must be informed of the reasons for the revocation of the licence and has the right to make representations to the Parole Board in an oral hearing.

In deciding whether to recommend the recall of a lifer the Parole Board should consider:

  1. whether the licensee’s continued liberty would present a risk to the safety of the public and if the licensee is likely to commit further imprisonable offences;
  2. the extent to which the licensee has failed to comply with the conditions of the life licence and otherwise failed to cooperate with the supervising officer;
  3. whether the licensee is likely to comply with the conditions of the licence and supervision if allowed to remain in the community.

The Parole Board take account of the supervising officer’s recommendation as to whether the licensee should remain on licence.

Problems if you’re sent back to prison

You may have problems if you’re sent back to prison, for example:

  • there’s a delay before the prison gets information about you
  • you don’t how long you’ll have to stay in prison. However, you should be given an information pack explaining how to appeal to the Parole Board
  • if you’re not sent back to the same prison, you may not know how the prison works. However any differences between the prison where you used to be and your current prison should be explained to you
  • you may lose your right to Housing Benefit after 13 weeks of being back in prison.

If you aren’t sure why you’ve been taken back to prison or if you have any other problems, get specialist advice.

Other information

In order for the conditions to be lawful they must be both necessary and proportionate to the needs of protecting the public and preventing  re-offending. Necessary means that no other means of managing a particular risk is available or appropriate; and proportionate means that the restriction on the offender’s liberty is the minimum required to manage the risk.

Licence conditions are not designed to be punitive, and are designed for risk management and public protection purposes, see R (on the Application of Carman) -v- Secretary of State for the Home Department [2004] EWHC 2400 (Admin). Further, they are subject to the scrutiny of the Administrative Court by way of Judicial Review due to the principles of reasonableness, necessity and proportionality.

Further, they may infringe an offender’s Human Rights and the most typical is their right to a private and family life pursuant to Article 8 (1) ECHR. The State is entitled to interfere with Article 8 rights in accordance with Article 8(2), so long as it is in pursuance of legitimate aims, but only if reasonable and proportionate to those aims.

Thus, providing the proposed conditions correspond with a legitimate purpose, any corresponding interference with the Claimant’s Article 8 rights will be justified so long as that interference is reasonable and proportionate to the stated Purpose. Once again these issues can be resolved in the Administrative Court. If an offender breaches the terms of their licence, they render themselves liable to be returned to prison and will not be released unless the Parole Board directs it. The power to recall lies with Probation Service therefore it is essential that the conditions in place are necessary, proportionate to manage risk.

 

Working for an outside employer while still in prison

Aim of this page

This page aims to summarise the Prisoners’ Earnings Act 1996 (PEA) which is detailed in Prison Service Instruction (PSI) 76/2011. It has been written for people in prison who are currently undertaking paid work in the community, and for those who may be doing so in the future.

It also sets out the process of deductions that will be made by HMPPS on behalf of the Prison Governor, which will then be paid to Victim Support.

It’s part of our information on leaving prison.

Why is this important?

If you’re already undertaking paid work whilst in prison or aim to do so at some time in the future, then it’s important to understand how much levy will be taken from your wages.

We have developed a Victims Levy Calculator which will help you to establish how much of your earnings will be deducted by the prison and paid to Victim Support.

Background

This Prisoners Earnings Act (PEA) 1996 gave Prison Governors the power, in certain circumstances, to impose a levy on the earnings of those working for an outside employer whilst they are in prison.

The PEA came into force on 26th September 2011 and means that providing you are earning more than £20 net per week (“net” means after you’ve paid any tax, national insurance contributions, court-ordered and child support payments that may be due) any earnings over £20 will be subject to a levy of 40%.

The levy will be paid to Victim Support, a national charity which works in partnership with numerous other such groups, with a view to supporting victims and communities.

Who does this apply to?

The PEA applies to all people in prison who are undertaking paid work in the community. In practice, it generally only applies to those in open prisons but may be applicable to anybody held in closed prisons who are working for outside employers on a regular basis and who earn over the relevant amounts.

However, as it is the responsibility of the Governor to impose a levy, it is open to Governors to decide not to do so where there are very exceptional circumstances, or to reduce the amount deducted. You should speak to the Governor in your prison about the process of getting them to consider any exceptional circumstances you may have.

What would be considered as ‘exceptional circumstances’?

Governors will deal with each application on a case by case basis but ‘exceptional circumstances’ could include:

  • Financial hardship – You would need to show that the imposition of the levy at the rate it is being imposed would lead to you or your family suffering severe financial hardship.
  • Travel costs – For example if the cost of travelling to work is substantial in proportion to your earnings.

Working out the amount of deduction

To work out how much of your wage will be deducted and paid as a Victims Levy, use the Victims Levy Calculator that we have produced.

To illustrate the potential level of deductions, you will find below examples of how this will affect people on different wages. Examples correct as at the 31st March 2017.

How is the money deducted?

Although your employer will provide you with a payslip, you will not be paid directly by them. Your net pay will be paid into a central bank account so that the Shared Services Centre (SSC) can administer the levy on behalf of the Governor. This will be the case even if you earn less than £20 per week “net”.

The SSC will then make a deduction of 40% on any “net” pay above £20 per week, and the remaining balance will be transferred to your outside bank account. The process may take up to 5 days, so you should expect a delay. However, if you are paid by cheque this may mean you could experience a longer delay as the cheque will require clearing before being processed.

The prison will provide you with a monthly statement; which will show you what your net pay was from your employer, how much was taken off by way of the levy, and how much will be transferred into your outside bank account.

To work out how much of your wage will be deducted and paid as a Victims Levy, you can use our Victims Levy Calculator.

What do I need to do?

You will need to ensure that you have an outside bank account set up. If you don’t already have a bank account, your prison should be able to assist you in opening one as many prisons have arrangements in place with local banks.

Once you have a bank account, you will then need to provide the prison with the following details:

  • Name of Bank
  • Name of Account Holder (usually your name)
  • Account Number
  • Sort Code Number

The prison should provide you with a pro-forma to complete to provide this information. Make sure that you give the prison the correct details as any mistakes may cause delays in you receiving your pay.

If you refuse to provide your outside bank details or refuse to set up an outside bank account, you will no longer be allowed to work outside in paid employment. The SSC can pay the money into someone else’s bank account if you ask them to do so, but this is at your own risk.

The prison should have provided your employer with your date of release. However, it’s important that you make them aware of the date and give them your personal bank account details nearer the time. This will ensure that you will receive your pay as usual. Otherwise, your pay may continue to be paid into the central prison account.

Discuss this with others

Read and share your experiences on our online forum.

Key sections include:

Useful links

Below you will find links to useful websites relating to this page. More specific details (including addresses and telephone numbers) of some of the organisations listed below can be found here.

  • HMPPS – Responsible for running prisons and probation services in England and Wales

More information

  1. For practical information – More information on leaving prison
  2. To read personal stories – You can read stories about this posted on theRecord, our online magazine
  3. To discuss this issue with others – Read and share your experiences on our online forum
  4. Questions – If you have any questions about this, you can contact our helpline.

Get involved

Help us to add value to this information. You can:

  1. Send your feedback directly to us
  2. Discuss your views and experiences with others on our online forum
  3. Share your personal story by contributing to our online magazine, theRecord.

This page is for information only. We are unable to provide advice on this. Comments below have been disabled and will not be published. For reasons why, click here.

This page was last reviewed in August 2017. If you’ve spotted something that needs updating please let us know by emailing the details to feedback.unlock@outlook.com.

Complaints about probation

Aim of this page

This page is intended to help you if you are having difficulties with probation. It provides information about how to complain if you’re not happy about the way you have been treated. For example, maybe you feel like your probation officer is not meeting what is expected of them, or maybe you have tried changing probation officers or transferring probation areas and have come up against unnecessary barriers.

Why is this important?

People working for the National Probation Service (NPS) or a Community Rehabilitation Company (CRC) will often make decisions or take actions which you may not agree with.

Although sometimes these will be necessary, there will also be occasions when members of staff fail to do something that they should do, make unjustified decisions or take inappropriate action.

If this happens, it’s important to know how you can make a complaint.

Background

In 2015, as part of the government’s ‘Transforming Rehabilitation’ strategy, the 35 Probation Trusts in England and Wales were replaced with the National Probation Service (NPS) who are responsible for supervising high-risk individuals and 21 Community Rehabilitation Companies (CRC’s) supervising those people deemed to be low to medium risk of re-offending.

The 21 CRC’s are all private companies responsible for their own management and staff and as such, will have different policies and practices around dealing with complaints from service users.

Concerns have been raised recently about the number of CRC’s who do not provide ready access to their complaints procedures making it difficult for service users to know how to complain. An example of one CRC who do publish details is London CRC whose complaints leaflet can be found here.

Who can make a complaint?

To be considered, your complaint must relate to the conduct or competence of an employee or employees of the NPS or the CRC, or an agency employee or employees working for the NPS or the CRC, with respect to the delivery of probation services. This includes their actions and decisions or failures to act or decide.

They will consider your complaint if:

  • You are or have been under the supervision of the NPS or CRC
  • You have been or are about to be the subject of a report for use by a court.
  • You have suffered physical injury, distress, theft or damage to property as a result of the actions of an offender carrying out activities under probation supervision as part of a community order or a prison licence.
  • You are a victim of a person convicted of an offence who is under the supervision of the NPS or CRC
  • You are a parent, spouse or a live-in partner, brother, sister or child of a person, in the above categories, who has died.

They can’t look into something that is already being investigated by the police or subject to a decision of the courts, statutory tribunal, Parole Board, Crown Prosecution Service or the Criminal Cases Review Commission.

Your complaint won’t normally be considered if it is about something that happened more than 12 months ago, or that you could have known about a year ago.

Who do I complain to?

In the first instance, you either complain to the NPS or to the CRC.

Map of the CRC areas

Details of NPS offices and contact details can be found in the Probation Directory: National Probation Service and Community Rehabilitation Companies. A map of the NPS divisions can be found here.

Complaining informally

Wherever possible, it’s always best to try to reach an amicable solution with the person involved and doing this face-to-face or over the telephone can work well. If this is difficult, ask to discuss it with a more senior member of staff.

It’s probably worth noting that it can be easier for staff to avoid dealing with a complaint that hasn’t been put in writing so don’t be surprised if you don’t get the response you’re looking for at this time.

You may still be able to have your complaint dealt with informally by either putting it in writing to the staff member involved or, their manager. If they feel you’re complaint is justified, the probation area/CRC will often prefer to deal with it at this stage.

Making a formal complaint

If you receive no response to your informal complaint or you’re not satisfied with it, you can make a formal complaint in writing.

  1. If you’re making a complaint about an NPS staff member, this should be signed by you and sent it to the probation area’s Deputy Director.
  2. If you are making a complaint about a CRC staff member, this should be addressed to the Chief Executive.

Within five working days of receiving your letter you should receive a response explaining how your complaint will be handled. He or she will give the date when you can expect the outcome.

The Deputy Director or Chief Executive will nominate a person to investigate. The complaint will be investigated and the outcome, with reasons, sent to you in writing within 25 days of the acknowledgement of the complaint.

Details of the Probation Standard Complaints Procedure (PI51/2014) can be found here.

What should you include in your complaint letter?

When making a complaint you should ensure that you explain very clearly what happened and why you are complaining, enclosing any evidence that you believe will add weight to your complaint. You may also wish to consider including some of the following:

  • Where and when did it happen?
  • Who was involved?
  • What was said and done?
  • Were there any witnesses to what happened, if so who?

If you are not satisfied with the outcome

If you are not happy with the response, you can appeal within 20 working days of receiving the outcome. You will need to write to the Probation Area’s Deputy Director or the Chief Executive of the CRC explaining why you want to appeal. Your letter should be acknowledged within five working days of receiving it.

The Deputy Director or Chief Executive will convene an appeal panel of at least 3 people to include senior staff who have not been involved in the subject of the complaint or the investigation. They may ask to meet you and the investigating officer to determine whether the original investigation was sufficient and reasonable. The outcome will be sent to you within 20 working days of receipt of the appeal. The panel will let you know if they need longer to make a decision.

If you have taken these steps and are still unsatisfied with the decision

You can write to the Prisons and Probation Ombudsman within one month of your appeal decision if you have:

  • Been under the supervision of the National Probation Service.
  • Been housed in probation accommodation.
  • Had a report prepared about you for use by a court.

The PPO will respond to the complainant within 10 days, informing you of whether or not your complaint has been accepted. If a complaint is not accepted, an explanation as to why will be given.

If a complaint is accepted, it will be allocated to an investigator who will contact the complainant directly.

The investigator will first consider if there is a way of resolving the complaint without a full investigation. If so, the investigator will contact the complainant and the Area Probation Board to try to negotiate a settlement. If a settlement is not possible, a full investigation will be started.

The PPO aims to deal with any complaint within 12 weeks of starting the investigation.

If your complaint is not upheld, you will receive a letter with a detailed explanation of the findings of the investigation and the specific reasons why the PPO have not upheld the complaint.

If the complaint is upheld, the investigator will write to you, setting out the details, the findings and the conclusions. The PPO may also make certain recommendations to the Probation Area against whom the complaint was brought to help them ensure the problem does not occur again.

If the complaint warrants it, the PPO will write a full report. A draft copy of this report will be sent to you and to the Probation Area against whom the complaint was brought, to check that the details of the complaint are accurate. Once confirmed, a final copy of the report will be sent to both parties.

Discuss this with others

Read and share your experiences on our online forum.

Useful links

Below you will find links to useful websites relating to this page. More specific details (including addresses and telephone numbers) of some of the organisations listed below can be found here.

  • National Probation Service – The NPS is a statutory criminal justice service that supervises high-risk offenders released into the community
  • Prison and Probation Ombudsman – Carry out independent investigations into complaints about the National Probation Service, CRC’s and prisons.

More information

  1. For practical information – More information can be found on our probation section
  2. To discuss this issue with others – Read and share your experiences on our online forum
  3. Questions – If you have any questions about this, you can contact our helpline.

Get involved

Help us to add value to this information. You can:

  1. Comment on this page (below)
  2. Send your feedback directly to us
  3. Discuss your views and experiences on our online forum

This page was last fully reviewed and updated in July 2017. If you’ve spotted something that needs updating, please let us know by emailing the details to advice@unlock.org.uk.

 

Changing probation area

The process of how the Probation Service handle “Case Transfers” between probation areas is set out in Probation Instruction 17/2010 (Case Transfers). In particular, this sets out how the Probation Service will deal with such queries.

In the above Circular, it provides details of different responses by Probation depending on whether somebody has simply notified a change of address (as per licence or community order restrictions) or whether they have requested permission.

However, given that it is not possible for some individuals to simply notify a change of address, for example those convictions of certain offences, our advice would be that, if you wish to change Probation Area, you put this request in writing to your Probation Officer and ask for a response back in writing.

If you are moving probation area, both the sending and receiving probation area have to agree, and getting approval is not an automatic right. One difficulty is that a probation area doesn’t always have to take a referral. This is particularly likely to be the case where someone might need a lot of supervision and use a lot of resources.

Sometimes, a probation officer might transfer supervision to another area to help with managing the sentence or because there is a need for someone to be in particular kind of accommodation not available in their local area. There are a number of transfers every year and many people move addresses during their sentence. Any transfer has to be consistent with the sentence plan though.

Sometimes a probation officer will assess that someone needs to move aea because of the risk to a victim or high profile media or public concerns. A MAPPA meeting might also decide that someone could be moved because their risk could be better managed elsewhere.

If you are thinking of moving to another area after prison, and you will be on licence, apply as soon as you can, as this can take time. Make sure you have proof of your connection with the area you want to move to. Try and speak to your outside probation officer as the process might be easier if they support your move. Remember than transfers are not automatic, and can be turned down if the risk assessment is too high.

Your local Probation Area are entitled to refuse a transfer as part of their broad discretion. This was upheld in the case of R (Francis) v West Midlands Probation Board [2010] EWCA Civ 1470. In this case, the individual was serving a life sentence and had been supervised by West Midlands Probation Service since 1983. While in prison, he established a relationship with a woman who lived in the area where he wished to be transferred. However, this was refused, and it was held that Probation had not misdirected itself in law or unlawfully interfered with the individuals rights under Article 8 of the ECHR (the right to a family life).

If you have applied to another area and this has not been accepted, there is a right of appeal.

Changing probation officer

There is no standard policy or protocol governing transfers within a Probation area. However, as detailed in Probation Instruction 17/2010 – Case Transfers, which covers transfers between Probation Areas, it is expected that there should be clarity of responsibility for supervision, and the National Probation Service recommends that Areas develop their own local policies and protocols governing transfers based on the Circular.

As a result, if you wish to change your Probation Officer, you should ask to see a copy of your Areas local policy, and then put a request in writing to your Probation Officer.

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