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For people with criminal records
For people with criminal records

Story Type: Struggles & Stigma

The difficulty trying to rehabilitate and reintegrate miles from home.

Edward was apprehensive about having to go to an Approved Premises, also known as a ‘hostel’. What he’d read about them had been far from encouraging but in Edward’s case, the hostel was also a long way from home making it difficult to re-build his relationship with his wife, family and friends.

 

After serving 10 years in prison (2/3rd’s of a 15 year sentence) I was due for automatic release on a 15 month licence last month. During my entire incarceration I have maintained my innocence of the historic allegations for which I was convicted at the age of 69. I’m now 79 with serious health problems which I didn’t have before I was sent to prison.

As I was nearing my release date, my Offender Manager stated in his report that I would need to reside in Approved Premises (a hostel) which were just a bus ride away from my home. This would have been absolutely fine as it would have meant that I’d still have had the support of my wife and friends as well as access to my GP, dentist and optician. In fact there would be very little change to what was in place prior to my going to prison.

My wife and I own our own home and we’d envisaged that we would still be able to be together for most of the day and that I would return to the hostel each night. This, unfortunately, was not to be.

On the day before my release, I was asked to attend a meeting where I was told what my licence conditions were going to be. I was horrified to discover that the Approved Premises that I thought I was going to had been changed and I would now be staying in one which was over 50 miles from my home.

On signing my release papers, I was told that I had to be there at 3pm despite not being able to leave the prison until 11am. It was made very clear to me that if I failed to get there on time, then I would be in breach of my licence and subject to recall. I’m certain I wouldn’t have got to the hostel on time (or even known how to get there) by myself. My wife (also in her 70’s and not confident in driving on motorways) drove to the prison, waited over 2 hours for me to be released and then drove me to the hostel. It was a dreadful journey, both because of the volume of motorway traffic and the fact that we had no idea where we were going.

On our eventual arrival at the hostel (only 40 minutes late) my wife wasn’t even allowed through the door but had to get straight back in the car and do the return journey alone.

That was on the Tuesday. On Thursday and again on Saturday, my wife travelled to the hostel again as she was really worried about me. This time she came by train to avoid the long drive but with two trains to catch it’s still a 2.5 hour journey each way and, of course, we have to consider the cost. She’s not going to be able to do this too often.

So here I am, stuck 50 miles from my home, where I don’t know my way around and have managed to get lost several times. Considering the Probation Service seem to view me as being a ‘risk to the public’ how does wandering aimlessly around a strange city, full of places that I’m instructed to avoid without knowing where they are, reduce risk or help integrate me back into society? If they are so worried about the risk I pose, why aren’t I able to live in a hostel where I can keep in touch with my wife, or safer still, live at home?

Probation Service Instructions state that licence conditions should be:

Preventative not punitive, necessary, proportionate and reasonable.”

I can’t see that this has been applied in my case or how my present situation benefits anyone at all.

In her final annual report, Dame Glenys Stacey, the outgoing Chief Inspector of Probation, has described the current models as ‘irredeemably flawed‘ and recommends that the Probation Service should, in future, meet the

Reasonable needs of individuals under probation supervision.”

I absolutely agree.

By Edward (name changed to protect identity)

 

Useful links

  • Comment – Let us know your thoughts on this post by commenting below
  • Information – We have practical self-help information on leaving prison
  • Discuss this issue – There are some interesting discussions related to prison on our online forum.

Is it too much to expect a life without stigma following a criminal record?

Despite serving his 6-month custodial sentence, Alistair feels that the prejudice and stigma he continues to experience will be a life sentence.

 

Prior to finding myself on the wrong side of the law, I was a highly skilled, tax-paying member of society.

On release from prison in August 2014, I knew life was going to be hard, but I had no idea it would be this hard. The prejudice, stigma and ignorance I kind of expected, however, the lack of structure, support or framework to get skilled people back into work has been the most surprising part of the journey so far. I don’t expect help or to have things handed to me on a plate. However, when I see the money and support offered to chronic offenders and I then compare that to the support I’ve received, I cannot help but wonder why more help is not provided to try and get people who are highly employable, skilled and passionate back into work? Arguably I should be easier to help get back into work, however perhaps that’s why I’m slipping through the cracks?

There is still a huge problem with how ex-offenders are perceived by hiring managers and also with the support services available to help people with my skill-set re-join the workforce.

Five years ago I was found guilty of domestic assault (in relation to allegations that had apparently occurred years before this). It was my word against his, and the law found in his favour, in spite of a lack of evidence. While I still maintain my innocence, I have come to terms now with the fact that it is what it is. I spent 6 months in prison. I lost my high-powered job of over ten years – I was dismissed on the grounds of misconduct. I daresay I would have lost my job anyway, however something inside me thought I might not. I think it’s called hope? My good pay and comfortable pension were gone. My house was gone. My belongings had to be sold. Any savings I had were quickly eaten up to pay legal fees and I accrued thousands of pounds worth of debt to try and make sure I could afford my legal representation. Everything I had worked for was gone the only things I kept were my family and now ex-partner who have all stood beside me throughout. I’m not saying this for sympathy at all, I’m just trying to understand the facts as I see them.

Whilst I was in prison I was disappointed to discover that there was one Citizen’s Advice officer for the biggest prison in Scotland. She worked part-time – one day per week for a couple of hours. I had to ask to see her more times than I care to remember. I eventually got to see her, over three months in to my sentence. I asked her for advice on how to manage my debt on leaving prison. She was clearly overworked, underpaid and too stretched to help me. I had one cursory appointment at the CAB which bore no fruit whatsoever. I received no careers or job advice the whole time I was inside – nothing. I saw the housing officer one week before I was due to be released. His only advice was that I would have to enlist at a homeless hostel on my release. My mental health was at a low and has suffered severely since. I was on prescription medication, I was vulnerable and for the most part, alone other than my friends and family.

For the most part, the answers I needed could not be provided by the services currently on offer by the Scottish Prison Service. I wasn’t under 25 years old, alcoholic, a drug addict or homeless. I wasn’t a priority case for any sort of peer work, education support or indeed any support whatsoever while I was in prison and this has very much been the case since my release. I understand about re-offending rates and trying to assuage the risks of that happening amongst people classed as chronic offenders. However, the support on offer in Scotland is entirely weighted towards this section of ex-offenders. As far as I can see, there is no consideration or thought, programmes, services or support, either in the public or private sector, to help skilled workers re-join the workforce on departure from prison. The funding available to charities is predicted towards giving support to the aforementioned categories of offender. No links between the job centre and big organisations who might be interested in my skill-set. This meant I had to rely on myself, my own abilities and strengths to try and find a job however, once I found one, I realised that a new battle was just beginning that of endemic prejudice about people with criminal records.

Three months after leaving prison I secured a job conducting clinical trials. The salary was less than half of my old job but I was so pleased to be back in work. I disclosed my criminal record at interview and was overjoyed when they hired me in spite of it. I stayed for nearly a year and thought my life was back on track.

A vacancy arose at an employment law consultancy and I thought I’d apply. I got a phone interview and disclosed that I had an unspent conviction. I was asked to disclose this to the hiring manager at interview and when I did, again it made no difference and I was offered the job.

However, a couple of months into the job I was asked to attend a meeting with HR and told that I’d lied at interview and not disclosed my criminal record. I had a voicemail from the recruitment manager which proved they were fully aware of the conviction and that I had fully disclosed. However, I was sacked on the spot. The minute people hear that you have a criminal record they don’t want to hear the nuances and explanations. The doors just close.

Criminal records are person specific, incredibly nuanced and complex and if you’re having to constantly justify your character to someone who is not willing to take any of that into account, then you will forever be fighting a losing and depressing battle.

By Alistair (name changed to protect identity)

 

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Although my conviction can be filtered, 11 years seems a very long time to wait

As a victim of domestic abuse, Stephanie assumed that when she rang for help, the police would rescue her from her perpetrator. Instead, she ended up with a conviction which will stay on her enhanced DBS certificate for 11 years.

 

 

 

Back in 2015, I attended a colleagues surprise 40th birthday party. I didn’t go out that often without my boyfriend and was excited to spend time with good friends and to celebrate with them. There was good wine and lots of interesting dance moves and myself and my good friend continued the night out in town after the party finished. We headed home around 12 and I fell straight to sleep as soon as I got in.

At around 5am I woke to a huge bang on the front door. I went downstairs confused and half asleep. When I opened the door, I was hit with a barrage of aggressive name calling and accusations. It was my boyfriend. I tried to diffuse the situation but was assaulted in an unprovoked attack by someone I trusted, loved and had spent 2 years with. He repeatedly hit me around the head and when I tried to escape, he pulled me back through the door and threw me to the ground. He continued to berate me and smashed my phone. At that point, I knew I had to get out of the house and get as far away as I could. I’d managed to call 999 from my landline and left the line open in the hope that the police were able to hear the shouting and send help.

What was only a few minutes felt like forever; I was so frightened. I didn’t know what he would do next. He went into the kitchen and I took my chance to grab my keys and run. I got into my car and drove. As I turned out of my road, the police drove past me and I manically waved at them trying to let them know it was me who needed help. I was so panicked and confused I continued to drive. Less than a mile from my house I saw blue lights behind me and pulled over. I was shaking and crying, wearing my pyjamas and no shoes.

I can’t begin to explain how surprised I was when instead of asking me about the assault, the police chose to breathalyse me, even though I’d already told them that I would probably be over the limit. I was arrested, taken to the police station and held in a cell for around 6 hours. After having my photograph and fingerprints taken and being interviewed by the police, I no longer felt like a victim of domestic violence but a criminal. The policeman interviewing me told me:

You’ll lose your licence for sure

He gave me very little support in regard to the assault that I’d just gone through. The emphasis was much more about my drink driving. The policeman made me feel as though everything was my fault and I didn’t feel able to press charges against my boyfriend.

Fortunately, I had a good friend who advised me to get a solicitor. This allowed me to get a second hearing for my court case where I was able to argue that there were extenuating circumstances for driving my car whilst still over the limit. I’d never been in trouble with the police before and my driving licence was clean. I was given an absolute discharge as the court agreed that had it not been for my boyfriend assaulting me that day, I would never have driven my car.

My happiness was short lived however when I was made aware that my absolute discharge would still appear on my enhanced DBS certificate.

Nearly four years on, I’ve already had to disclose my criminal record a number of times. Initially to my employer to let them know that my DBS certificate had changed; twice to future employers and soon I’ll be disclosing it again for a volunteering position I want to do. As I work with children and vulnerable young people, I always have an enhanced check so always have to disclose. Every time I feel shame, guilt and anxiety about re-telling the event that led to my criminal record. The thought of having to wait another 7 years until my conviction is filtered makes me feel sad and angry at the system.

By Stephanie (name changed to protect identity)

 

A comment from Unlock

The Rehabilitation of Offenders Act doesn’t class an absolute discharge as a conviction and it becomes spent immediately. However, for filtering purposes it is dealt with as a conviction and will therefore appear on standard and enhanced DBS checks. If Stephanie had been charged with more than one offence and her absolute discharge included two counts, then it would never be eligible for filtering. It’s clear to see from this example why the current filtering system isn’t working and needs changing.

Useful links

Employers need to learn how to see the person and not just the crime

Despite achieving considerable success since his release from prison, Jack has found that as the positions he applies for have become more senior, the more likely employers are to do criminal record checks. Sadly he’s found that rather than base their decision on his employment history, the majority of employers can’t see past his criminal record.

My criminal record started when I was 12 years old while growing up in children’s homes. By the age of 18 I had convictions for burglary, assault and had served time in youth detention centres and borstals.

At the age of 20, I was standing in the dock at the Old Bailey receiving a 30-year sentence for armed robbery and attempted murder.

After 20 years in prison, I was released when I was 40 years old. I walked out of prison on a Friday and met a girl two days later. This may sound quick, but I fell totally and utterly in love with her and she turned my life around.

I wanted to be the best I could be for her and go straight. So, aged 40, I got my first EVER job working as a bin man.

My girlfriend and I got married 12 months later and soon after, she gave birth to my beautiful son. With a wife and child to support, I knuckled down and started a career in facilities management. I started at the bottom as an industrial cleaner and within 2 years I’d worked my way up to area manager. I was responsible for 200 staff and 20 sites. From here, I accepted a job overseas and the family and I lived abroad for a while.

Upon our return to the UK, I started applying for senior facilities management jobs and very quickly secured a new position for myself. I’d only been there a couple of days and was going through induction when I was told:

We just need to do your criminal record check

There’d been no mention of this on the application form or during the interview. I knew that I’d have to disclose and did so straight away only to be told that the job offer was going to be revoked.

I was offered another three jobs after this and every time I was told that I’d need a criminal record check. Needless to say, another three job offers were withdrawn. I decided to apply for a supervisory role rather than a senior role and again successfully got through interviews with another two companies. As soon as I disclosed, I was told that the companies were unable to employ me.

I need to support my family and so I now work in the most horrific job imaginable, at a waste recycling plant working 12 hour shifts in 120-degree heat doing back breaking manual work. The work is brain numbing and I feel so depressed and demoralised. I spent over 20 years in prison being punished for my actions and now all I want to do is be a contributing member of society, providing for my wife and child.

I can promise you that I would never ever commit a crime or break the law again as I’d never want to let my wife and son down but, I can see why people do. Prison is meant to rehabilitate you so that when you leave you can lead a law-abiding and industrious life. The problem is that once you disclose your criminal record, very few people are willing to give you the chance you need.

I understand the arguments that are taking place at the moment around minor offences being removed from standard and enhanced DBS checks and I totally support that. However, I feel that the reforms need to go further than that so people with more significant and serious criminal records can also benefit -maybe this is amending the time it takes for convictions to become spent. Perhaps we should just be doing more to educate employers to see the person and not just the crime.

By Jack (name changed to protect identity)

 

Comment from Unlock

Jack’s story underlines why we’re pushing for further reform to the Rehabilitation of Offenders Act 1974. As it stands, sentences of over 4 years in prison can never become spent, no matter what positive work people do after release. We believe there should be a point at which people like Jack should no longer have to disclose their criminal record. Before that point, it’s also important that, as the title of this post says, employers see the person not the crime.

 

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‘Yes I’ve got some historic convictions but do the public really need protecting from me?’

People receive convictions for a number of reasons but as Gemma’s story demonstrates, what’s written on your DBS certificate will never adequately describe the story behind those offences. After a period of being free from offending, is there really anything to be gained by making people relive the traumatic experiences they’ve been through?

 

I’m a teacher. I worked hard for my qualification and work damn hard at my job, mostly because I love teaching but also because deep down, I’ll always feel like I have something to prove. That’s because over 20 years ago I was a ‘persistent young offender’. Subconsciously, I will probably always give that extra effort to show myself, and others, that I am a good person.

One thing that does really strike me about the current DBS debates are the talks about the stigma of the criminal record verses protection of the public. There’s lots of discussion about how Bob can’t get a job in insurance because of his drunk and disorderly conduct conviction while he was a student. I’m really sorry for Bob, and I hope he finds another position – and not to belittle Bob’s situation, but I don’t think the government appreciates the depths this stigma can reach taking into consideration the variation of narratives of people with criminal convictions. I also don’t think the government realises the way in which, sometimes, stigma and public protection interact.

In my profession, when I apply for jobs, I have to sit in a room in front of a panel of complete strangers and explain why, as a 12-14 year old girl, I ended up with a criminal record that spans over five pages of double-sided A4 paper. I know the score by now, I feel it physically as the discussion gets nearer. My hands start to shake, my mouth goes dry, and I turn from a confident professional to that broken child I once was. My brain won’t function and I want to say as few words as I can get away with. I know it’s too late now, they know, the sickness, the shame, the dirtiness, they can see it, they know what I am. How can they not look at my record and just know?

Despite this chapter in my life being over 20 years ago, disclosing makes me feel like it was yesterday.

And what do I say? I don’t want them to think that I think I’m not responsible for my past actions. I want them to understand my story, but I don’t want to tell them about it. You see for me, my offending wasn’t just a set of unlawful actions – it was a whole trajectory, as is the case for many others. When I’m faced with the disclosure of my record, I’m faced with revisiting painful life experiences and trauma. It isn’t like I haven’t dealt with these life experiences either, I’m a (mostly) functional adult with a normal life, only my close family and one friend knows about my history. It is not something I routinely think about. It’s just that now and again the DBS system literally forces me to revisit the pain to make sure the public are protected from me…

To protect the public from me, I have to tell strangers that one of my convictions is for assaulting one of the men that abused me.

So to make sure the public are protected from me I have to sit in a room and tell complete strangers my story. To protect the public from me, I have to tell strangers how I was systematically abused from the age of 6. To protect the public from me, I have to tell strangers I was excluded from school at 12 and got in with the ‘wrong sort’. To protect the public from me, I have to tell strangers that one of my convictions is for assaulting one of the men that abused me. To protect the public from me, I have to tell strangers that at 13 I had a 20 year old ‘boyfriend’ who was a heroin addict, that I was infatuated with and literally did anything for. To protect the public from me, I have to tell complete strangers that I was taken into care because I was ‘out of control’ and to protect the public from me, I have to tell strangers that I nearly went to a secure unit for my own protection!

Under the current system, my convictions will never be filtered. I have worked so hard and I am a good person yet I am stopped from living some aspects of my life. As well as this, I am forced to revisit a whole life chapter when I do disclose, something that makes me feel raw. Some employers are really supportive about this but some have treated me like I am a bit of a freak show, asking questions I feel like I can’t avoid. Aside from the way I experience disclosure I was not able to pursue my first career choice. I’ve been denied work experience placements. I can’t even help out on my children’s school trips. I am a member of the public too, isn’t it about time that I had some protection.

By Gemma (name changed to protect identity)

 

A comment from Unlock

It’s obvious from Gemma’s story that she is a well-qualified and dedicated teacher. Her passion for teaching has meant that time and time again she’s put herself through the agony of disclosing her criminal record. We don’t believe that Gemma should be put in this position and it was for this reason that we intervened in the Supreme Court case which challenged the Government’s approach to disclosing old and minor criminal records on DBS checks. We’re hoping for a favourable outcome before the end of the year.

Useful links

Why won’t the media let us move on from our offending behaviour – especially those with sexual offences

News is a money making industry and it’s fair to say that the media don’t always report facts accurately. Many individuals now believe their neighbourhoods are unsafe and overestimate their odds of becoming the victim of a crime. Ethan considers how the role of the media impacts on an individuals ability to be considered rehabilitated.

 

People change!

No, it’s not a question, it’s a fact!

Alcoholics become sober, drug users become clean, car thieves stop stealing cars, murderers stop killing and many turn their lives around and become excellent role models. However, commit a sexual offence and suddenly you aren’t capable, and the scared, irrational and paranoid will bring out an impressive line-up of this or that expert to attest to the fact.

For me its rubbish, they don’t know what’s in your head, some probably don’t even care. If so many can change (and there’s proof they can), then why is it that we stick to this way of thinking for sexual offences?

Almost 20 years ago I was convicted of three sexual offences, one of which I was guilty and the others of which I wasn’t. The details are irrelevant apart from saying that because I chose to maintain my innocence on those two, yet did every course asked of me, I was denied my early release because I refused to capitulate to what the system wanted.

Upon release I knew I had changed; I knew I wasn’t going to commit any more offences. Why? Because I had made the conscious decision not to make the same mistake again. I was going to be on the register for life, but at the time it meant one visit a year and notifying the police of my living arrangements; I had no issues with that. Let me say that since the outset, every officer whose job it was to monitor me has been courteous, understanding and supportive (at least to my face which is the main thing).

As the years passed and the paranoia of the public and politicians grew, the details of registration changed time and time again. They became more and more intrusive, credit card details were required, where you were going on holiday, details of your sex life and partners, the list goes on and on. My visits grew to twice a year and sometimes lasted more than an hour as they grilled me on every aspect of my life since the last visit.

The police rely on the fact that sex offenders will comply without complaint because they won’t want to put their head above the parapet and challenge the system for fear of their name ending up in the press and their lives being ruined for a second time. That’s certainly how I felt every time I was informed of even more significant restrictions on my life.

Just for the record that doesn’t help with your choice to change your life. Far from it; it gets in the way. People will tell you that it’s just about monitoring you to make sure you don’t re-offend. What people don’t seem to understand is that isolation, alienation and feeling like you are always being watched to such a degree that you question every choice you make, it does nothing to lower the risk. In fact, I would argue that it increases the chance of re-offending for those who become depressed, because lets face it, if your life isn’t worth that much some will think they are better off in prison.

Now, before you start screaming “that’s where you belong”, I don’t diminish in any way the severity of my offence or other sexual offences but society does seem to have got itself into a state of righteous indignation about anything sexual. In fact, since the Jimmy Saville scandal, the country has gone mad with something akin to the Salem Witch Hunts.

What has gone wrong with our criminal justice system? It was meant to be innocent until proven guilty, but not so much now, especially if it’s a sexual offence. We used to believe in rehabilitation as opposed to permanent incarceration, but not so much now.

Our system doesn’t work. We have one of the highest re-offending rates in the modern world with ever increasing prison populations. Other countries are doing far better than us, look at the Scandinavian countries; the only thing they do differently is believe in rehabilitation and take it seriously.

I don’t blame society, rather the media for sensationalising and politicians who won’t change anything for fear of losing their job or money.

It may sound as though I’m angry and to be fair to a degree I am because deep down in my heart I know I have changed but I’ll never be allowed to put it behind me and build a new life.

By Ethan (name changed to protect identity)

 

Useful links

  • Comment – Let us know your thoughts on this post by commenting below
  • Information – We have some practical information on sexual offences
  • Discuss this issue – There are some interesting discussions related to this issue on our online forum.

No future without forgiveness – why the government should change the current filtering system

Phil never felt as though he’d reached his true potential due to his conviction for criminal damage. However, the thought that it would be filtered from standard and enhanced Disclosure and Barring Service checks gave him hope for the future, until he realised that his offences weren’t eligible for filtering.

I was nearly 17 when I fell madly in love for the first time and just over 17 when she dumped me. As I was feeling so sorry for myself my mates decided to take me out for a game of pool and get me drunk.

Sadly, rather than being a ‘happy drunk’ I became a very ‘angry, sorry for myself drunk’ and decided to take my anger out on the window of the local supermarket. As the alarm sounded I started to run but, just my luck, the police just happened to be sitting round the corner and arrested me. There was little point in denying what I’d done so I got myself a conviction for criminal damage to go with my broken heart.

Since then I’ve never been in trouble with the law; this happened over 20 years ago. I’m married with a family and although I’ve never been out of work, I’m pretty sure that I could have achieved more for myself if I’d been prepared to apply for jobs where I needed to disclose my criminal record; but I never did. I guess I’m responsible for limiting my own career and financial prospects.

The only time I’ve ever spoken to anybody about my criminal record was when my kids were younger and wanted to go to Disneyland. I knew I’d have to apply for a visa from the Embassy and I couldn’t let my family down – luckily the Embassy granted me my visa and we had a fantastic holiday. The only problem is that whenever a new employer asks to see my passport to prove that I’ve got the right to work in the UK, I worry that they’ll see the visa and put two and two together.

In lots of ways, I feel my life is good but there’s always the nagging doubt at the back of my mind that I could have achieved so much more if only I didn’t have a criminal record. It was this that spurred me on to do some voluntary work. I kept expecting to be asked about my criminal record but I never was and, as time went on, I really started to feel that I was making a difference to the lives of the clients I worked with.

Then in 2013 I read about ‘filtering’. As I only had that one conviction which hadn’t resulted in a prison sentence it seemed as though I’d be able to have it filtered from a standard and enhanced DBS check. I wasn’t really sure if it was ever something I’d be able to benefit from as I wasn’t working in a job that needed me to have these kind of checks – I guess it was just good to know.

However, one evening when I was volunteering I got chatting to one of the managers over a cup of tea. He told me that I was doing a great job and asked me whether I’d ever considered applying for a paid job. When I told him that I’d never worked in that field and didn’t have any experience he roared with laughter.

What do you think you’re doing now you fool?”

He told me to have a look at their website and encouraged me to apply for the support workers role.

Knowing that my conviction would now be filtered off my DBS certificate and that I had the support of one of the managers, I decided to give it a go.

Wanting to find out whether I needed to apply to have my conviction filtered, I started to do some further research. I couldn’t believe it when I found out from the DBS that my conviction was one which would never be filtered. Apparently filtering was based upon the Act that you’d been convicted under and although the description of the Act (Destroying or damaging property endangering life) bore little relation to what my offence had been there was little I could do. In theory, I could have endangered life by smashing the window but the shop was closed and there was nobody around.

I was devastated that what I’d thought would be the answer to all my prayers had been so quickly snatched away. I’m now trying to decide what I should do; disclose my conviction and risk being turned down or withdraw and just continue to volunteer – I’m guessing this would look pretty suspicious.

I’ve been following the case that Unlock has taken to the Supreme Court with interest. If they’re successful I’m not sure whether I would benefit but in any event, there are a lot of people struggling more than me as a result of a very old conviction.

By Phil (name changed to protect identity)

 

A comment from Unlock

The case in the Supreme Court was really significant for anybody with a criminal record. Whatever the result of the case, we believe that the government needs to revisit its approach and accept that there’s problems with the current system. Sadly, the government doesn’t seem to think there’s any need for change. Perhaps that’s just the position they feel they have to take because of the legal cases. Only time will tell.

Useful links

  1. Comment – Let us know your thoughts on this post by commenting below
  2. Information – We have some practical self-help information on filtering
  3. Discuss this issue – There are some interesting discussions related to this on our online forum.

 

Denied healthcare due to my conviction for assault

Having spent many years in psychiatric units, Michelle is now a published author, motivational speaker and campaigner for better mental health services. From her own experiences, Michelle has discovered that some of the services she’s needed to access have been denied to her as a result of her criminal record.

I’ll try to be brief but it’s important that you get an idea of my past. I have various convictions and an extensive psychiatric history. I received my first conviction in 2006 before I’d been properly diagnosed with a mental health condition.

On that day, I’d taken a knife to my secondary school and stood at the school gates saying that I was going to kill myself. I was then sectioned under the Mental Health Act.

During the time I spent in mental health institutions, I was subjected to sexual abuse which has led to PTSD and given me my borderline personality disorder diagnosis. On release from these places, I was given very little support, something I still struggle with today as I don’t have a close family network.

Despite the above, I’m a really driven, motivated person and I’m currently studying with the Open University for a BA (Hons) in English Literature. However, due to my criminal record, I’m finding it difficult to get work; not even a voluntary role. I’ll be honest, my thoughts have in the past turned to crime, simply to be able to feed myself – that’s what the system does to people.

Recently, I’ve been denied therapy due to an assault which took place last year. At that time, I’d taken an overdose and gone to hospital. After treatment I was asked to leave the A & E department but I tried to explain that I needed to stay as I didn’t feel that my mental health was that great and I believed there was every chance that I could harm myself if I was home on my own. When the Consultant threatened to call security I became even more upset and punched him as I just didn’t feel I was being listened to.

Earlier this year, I went through a spate of contacting the NHS Mental Health Line for help. Sadly, it was felt that my call’s weren’t ‘genuine’ enough and I was dragged off to court again. Imagine being taken to court by the very people who were being paid to prevent people like me killing themselves – welcome to the ‘mental health service’.

As a result of the above, I’ve become an active mental health campaigner, hoping to change the system for the better.

By Michelle

 

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When a warning for a playground fight turns into a life sentence

Little did she realise when she accepted a caution how much a playground fight would continue to impact on her life. Helen’s story highlights the reason why the Government’s current approach to the disclosure of old and minor criminal records needs to change.

 

 

Helen always wanted to be a nurse and was thrilled when she received an offer to study at one of the leading universities in the country.  It was going to be hard work but she wasn’t worried, she knew it would be worth it in the end.  That dream was shattered when the university revoked the offer. Was it because of her grades?  No.  She was rejected because she had a criminal record.  A danger to patients?  Surely not.  Like many teenagers, Helen had suffered at the hands of a school bully. One day, when she was just fifteen she retaliated and was embroiled in a fight with her tormentor in the school playground.  The police were called and she was taken to the police station. The police officer listened to her side of the story and seemed genuinely concerned.  He suggested that the best thing would be to accept a warning for assault occasioning actual bodily harm. That way she would be able to go home quickly, wouldn’t have the hassle of going to court and in any case, it would be wiped from her record when she turned 18. It seemed the best option at the time. That was fifteen year ago. She had never been in any kind of trouble before nor since.

Except trouble has followed her.  Because the police warning remains on her criminal record and was deemed reason enough to withdraw her offer of a university place.  After accepting her fate she decided a while later to appeal. It was the first of many times that she has had to relive that playground fight for a risk assessment panel or interviewer, each time as traumatic as the first because it takes her back to a really bad time in her life that people just won’t let her move on from.

The university made an exception for her; she worked really hard, finished the nursing course and started applying for jobs. Every time she had to disclose the criminal record on application forms and there were many times when she would hear nothing back, always wondering if the disclosure was the reason.  Eventually though she did receive a job offer. She had to write another disclosure statement which was read by many people – people that she would potentially have to work with.

Still, surely her troubles would be over now. Sadly this was not to be the case. As well as her main job, she wanted to apply to join the hospital’s ‘bank list’ which would have enabled her to do overtime shifts. After yet another discussion about the warning, her manager refused to sign off her application form stating that she ‘didn’t think she was ready for this’. Several of her co-workers (who had considerably less experience)  had been accepted quickly.

Helen is one of the lucky ones.  Many with these childhood criminal records never even get the chance to work in the career of their choice.  Yet Helen, whose record consists of a single warning, has a life sentence of sorts.

“Over time, I’ve noticed how differently I’ve been treated from my co-workers and how my manager rarely makes eye contact with me. Recently I applied for a job with another nursing agency and as soon as the agency had reviewed my references and my DBS certificate, the job offer was rescinded. I’m now at the point where I feel employers and agencies only offer me interviews to stop them being accused of discrimination. I’ve really struggled to move on with my life because something I did as a child is always hanging over my head. It’s been over 12 years since that stupid fight in the playground but, because my offence is a violent one, it will never be filtered from DBS certificates and will stay with me for life.”

Helen’s story is not uncommon. That is why Unlock has intervened in a Supreme Court case which challenges the Government’s approach to disclosing old and minor criminal records on DBS checks. If we win, the Government will have to change the system. We’re raising money to support our campaign. Donate now here.

Responding to rejection – my email to a recruitment agency after being told I was unsuitable

Like many of you who are reading this article, I’ve just had one of those ‘thanks but no thanks’ incidents following an interview arranged by a recruitment agency. I’ve had these types of responses before and felt upset, angry and deflated but this time, rather than just accept the contents, I thought it was important to respond.

So, here’s my email

Hi Emily,

I just wanted to thank you for considering me suitable and capable for the role of XXXX for all the right reasons. I hope you will agree that I was precisely the kind of candidate that was ideal based on the tests carried out, my enthusiasm and my experience. It is just unfortunate that, whether it is [Recruitment agency] or [Employer] who makes these decisions, I was considered unsuitable for the wrong reasons.

Of course, your comment to me regarding why my application was rejected was incorrect. You, no doubt, were simply relaying the information that your manager gave you. In fact, what may quite possibly be true is that you do not employ anyone with criminal convictions – knowingly!

I think it is very possible that you do employ people with unspent criminal convictions, but unlike myself and a minority of people like me who find it virtually impossible to be dishonest (which apart from anything else, I feel is treating the person you are lying to disrespectfully) what you actually have is people who have not ticked the box that requests this information, a very small number of whom may be genuinely mistaken that their conviction is spent. I don’t blame people for lying, they are probably quite rightly aware that their conviction has absolutely no bearing on their ability to do the job, and for [Recruitment agency] or [Employer] to pry further into their history (apart from being quite possibly illegal) would be totally detrimental to themselves as well as the contractor/employee. They would be firing a productive member of their staff for, as I have already said, no good reason.

I cannot recall precisely whether you said, specifically, that only people with “unspent” criminal convictions were refused employment. Even if not, I’m sure that was the inference, as denying people with spent convictions employment without good reason is an offence in itself to my understanding. However, the actual difference between a “spent” and an “unspent” conviction is purely arbitrary as far as any employer is concerned. There is a good argument that someone who’s conviction has been “spent” is actually going to be a greater risk to the employer than one who’s isn’t. A person who still has restrictions and requirements for their action and behaviours has a lot more to lose by upsetting their employer, and there is no reason why an ex-offender will do anything detrimental towards the employer, any more than someone who has never had any involvement in the criminal justice system at all – they have solid experience of the possible repercussions of their actions.

In the jobs I have been able to get since leaving prison, I have been credited and commended by all my managers and supervisors, as long as they were unaware of my conviction (only the recruiting agency being aware). In one case my manager (highly uncharacteristic for him apparently) requested that I not only stayed with him when I moved to his next job location, but wanted me taken on full time by his company. For unrelated reasons I was unable to join him at that site (qualifications) but my concern was also that if I were to join his company I would have to cross a line of dishonesty. Being that he was clearly a bigot (something I disliked, but was willing to accept as being a largely generational thing) I am certain his attitude toward me would have changed should he have known about my conviction.

I just wanted to make these points to you, and for the sake of hopefully encouraging someone to consider these points should you ever be in a position to affect company policy decisions in future, or know of someone who is. It is just unfortunate that the law itself does not reflect on these rather obvious incongruities.

In closing, perhaps I can ask one question. If [Recruitment agency] do not employ anyone with [Employer] who have unspent convictions; is there any chance you know, or can enquire about, which clients of [Recruitment agency] do – and perhaps forward me your relevant recruitment specialists contact details? I would be most grateful.

Thank you

 

So, it seems that being upfront and honest isn’t necessarily going to land me a job. The advice I received from staff on the work programme was not to disclose anything to a recruitment agency, but to bring it up at the interview with the employer. This approach has definitely resulted in me being put forward by a couple of agencies for interviews although the companies involved then went back to the agency asking why my conviction hadn’t been disclosed previously. I now get the feeling that I’m not trusted by these agencies as they feel that I’ve been dishonest with them.

By George (name changed to protect identity)

 

A comment from Unlock

Our helpline is often contacted by people who’ve had very similar experiences to George. Sadly it’s all too easy for recruitment agencies to hide behind employers blaming their company policies for rejecting anybody with a criminal record. Although there are no doubt instances where this is the case, we’re fairly sure that some recruitment agencies just don’t recommend individuals with a criminal record. As George says, this will often lead to people not disclosing their conviction to an agency.

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  1. Comment – Let us know your thoughts on this post by commenting below
  2. Information – We have practical self-help information on disclosing criminal records to an employer
  3. Discuss this issue – There are some interesting discussions on disclosing criminal records to an employer on our online forum.

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