Fair Access to Education

Along with employment, access to education is a significant route through which people with criminal records can move on positively in their lives, and make a contribution to society. Unfortunately, too many prospective students still find themselves turned away by higher education institutions due to stigma and discrimination. Through our work with universities, we’ve already encouraged many to adopt fair admissions policies.

UCAS no longer asks all applicants to declare unspent criminal convictions and universities have developed their own policies. For regulated courses – for example medicine, education or social work – applicants are still asked to declare criminal records on the UCAS application. Following this change, Unlock worked with universities to encourage a fair approach to students with criminal records.

Our Fair Study website launched in 2023, to offer a comprehensive guide on fair practice for higher education providers.

Unlocking students with criminal records

In October 2019 Unlock completed the first part of our work to improve access to higher education for students with criminal records. Three themes emerged from that work:

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

The problem

For courses with a DBS requirement, universities must ask about and assess criminal records. Assessing disclosures fairly and proportionately is key to making sure talented candidates with criminal records aren’t unfairly excluded from regulated programmes.

For non-DBS courses, universities can choose whether or not to ask. Most still choose to ask about ‘relevant, unspent convictions’. We think there are a few problems with that approach:

• Asking about convictions has a ‘chilling effect’, deterring applicants – which may inadvertently discriminate against other groups underrepresented at university
• There is no evidence asking applicants about criminal records reduces crime on campus
• Asking about unspent convictions risks overlooking support needs arising from a conviction, even after it becomes spent
• There is no obvious legal basis for universities to collect criminal records from applicants to non-DBS courses

Despite education being widely recognised as a key factor in successful rehabilitation, benefiting people with convictions, their families, communities and the institution itself, admissions policies present serious psychological and practical challenges to access.

Higher education is a route to improving life chances – but one denied to many of those who need it most.

Evidence

Research from the US found no evidence that admitting people with criminal convictions led to a higher rate of crime on campus.

“There is no evidence that screening for criminal histories increases campus safety, nor is there any evidence suggesting that students with criminal records commit crimes on campus in any way or rate that differs from students without criminal records.”

1. Asking applicants about convictions has a ‘chilling effect’, deterring applicants
2. Attrition rates are a greater barrier to admission than rejections based on criminal conviction
3. Criminal history screening policies have a disparate impact on African American applicants

The study recommended that universities stop asking about and considering criminal history information in admissions.

The case for change

People with criminal records are largely drawn from the groups least likely to progress to university. Evidence shows that some groups are disproportionately criminalised: people from low income households and people with learning difficulties and/or disabilities, those from some racialised communities and care experienced people. Along with mature students and first-in-family, these groups are under-represented at university. Despite education being widely recognised as a key factor in successful rehabilitation, benefiting people with convictions, their families, communities and the institution itself, admissions policies present serious psychological and practical challenges to access.

Higher education is a route to improving life chances. Almost half the prison population left school with no qualifications, 42% were permanently excluded and nearly a quarter (compared with 2% of the general population) have spent time in the care system as children. University applicants who have spent time in prison have already overcome huge educational, practical and psychological obstacles to even be in a position to apply.

People with criminal records are discouraged from applying. UCAS has removed the tick-box on its application form requiring every applicant to disclose “relevant unspent convictions”. However, most universities continue to ask during admissions. This discourages people with a criminal record from applying.

Universities have complex and differing policies and procedures. Good practice is often not followed. Some universities have a poor track record of treating individuals fairly.

Fair chance pledge

We believe everyone with the potential and ambition to go to university should have the opportunity to do so, regardless of background. People with criminal convictions face obstacles and barriers to accessing university, yet higher education has the power to transform their lives by helping them move forward and make a positive contribution to society. Therefore, as the leaders of our institutions we pledge to give applicants with a criminal record a fair chance by:

• Asking applicants about criminal records only if – and when – it is necessary
• Asking targeted and proportionate questions during the admissions process
• Making our policy transparent and accessible to all applicants
• If necessary, offering applicants a chance to discuss their case in person before a decision is made
• Considering flexible adjustments and alternatives for applicants
• Ensuring staff are trained to make fair and impartial judgements about applicants
• Supporting students with criminal records to help them achieve academic success
• Communicating positively about the benefits of a fair admissions process

Signatories

To sign up to the pledge, please contact ellie.grudgings@unlock.org.uk