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For people with criminal records
For people with criminal records

Type: Advice Update

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Monthly summary – July 2021

Welcome to our monthly summary for July 2021.

This provides a summary of:

Have you stumbled across this? You can receive updates to your inbox every month for free by signing up to our mailing list (make sure you choose to receive ‘news for people with convictions’).

Updates to our information site

Here’s a summary of the updates we’ve made to the information hub. There are links within each update to where you can find more information.

Work and volunteering

  • Working in the healthcare sector with a criminal record – We’ve produced some new information which pulls together some of the roles set out in our A-Z list of common occupations and professions.
  • Call for evidence: the DBS Update Service and filtered convictions – We’re interested in hearing from anybody who subscribes to the DBS Update Service, has recently had conviction(s) filtered and has been sent a manual certificate by the DBS.

About criminal records

  • Out of court disposals – We’ve updated this page to reflect the way in which out of court disposals are dealt with following the changes made to the filtering rules in 2020.

Banking

  • Criminal convictions and a history of fraud – Following new information received from CIFAS (Credit Industry Fraud Avoidance System) we’ve updated this page to highlight the type of data which CIFAS may hold about individuals with fraud convictions.

theRecord posts

Below are links to recent posts to our online magazine, theRecord. These are often linked to the practical information that we have, to help give some personal experiences.

Success – When everyone is included, everyone wins – “For the last 10 years I have worked for an organisation which supports people with a criminal record back into work. During the course of my work, I regularly engage with employers trying to get them to recognise the benefits of employing somebody with a criminal record …..”

Struggles and stigma – My conviction is spent but there’s no end to the ongoing consequences of my criminal record – “It’s probably important for me to say at the start that I have a diagnosis of Autism Spectrum Disorder and so writing articles like this is difficult for me. However, I’m going to give it a shot. At the age of 17 I was arrested for the offence of outraging public decency and in February 2019 received a 12-month referral order …..”

News – Have you been through the criminal justice system? Have you got a story to share? “For over 10 years, our online magazine, theRecord has given people with a criminal record a place to share their stories. Starting out as a monthly newsletter, theRecord has grown a lot since those early days. It shares the experiences of people with cautions and convictions – both good and bad …..”

Discussions on our online forum

Below are links to recent posts on our online forum. If you’d like to join the discussion but are not currently a forum member, find out how you can join here.

NHS job offer – M15788 shares his experience of applying for a job with the NHS and disclosing his criminal record. Have you applied to work in the healthcare sector? How was your application dealt with?

Name change to avoid DBS – What do you think about Labour MP Sarah Champion’s calls for the ‘flagging’ of driving licences and passports for individuals convicted of sexual offences. Let us know your thoughts.

Other news and developments

Below are links to other news and developments that might be of interest to people with a criminal record. For more news, check out the news and media section of our main website.

Some examples of people we’ve helped

Looking back over the last couple of months, we’ve written up a few examples of the people our helpline has helped.

Working in the healthcare sector with a criminal record

Approximately 1 in 10 of the working population work in the health and social care sector with the NHS being the biggest employer in the UK with 1.7 million staff.

With increasing pressure on the NHS and a constant demand for more skilled workers, maybe a career in healthcare is something you are considering?

Individuals working in healthcare will often need to register with a regulatory body, for example the General Medical Council or the Nursing and Midwifery Council. For some the existence of a criminal record will present barriers which will need to be addressed even before you start applying for jobs.

We’ve produced some new information on working in the healthcare sector which pulls together some of the roles set out in our A-Z list of common occupations and professions. It also highlights the possible impact of a criminal record and how the disclosure of a criminal record may be dealt with.

More information

Call for evidence: the DBS Update Service and filtered convictions

Do you have a caution or conviction which is eligible for filtering? Are you signed up to the DBS Update Service?

In November 2020 changes were made to the rules on what is disclosed on (and removed from) standard and enhanced DBS certificates. It is thought that approximately 45,000 people each year will benefit from these changes.

If you’re someone who needs regular standard or enhanced DBS checks then you may have decided to sign up to the DBS Update Service. Indeed, more and more employers are making it a condition of employment that staff members sign up to it.

However, it’s important to note that the filtering of a caution or conviction does not lead to a status change on the Update Service and you would therefore need to apply for a new paper certificate as evidence that your caution/conviction has been filtered (removed).

We’ve recently been made aware that some individuals who have applied for a new paper certificate have been issued with a manual certificate by the DBS which looks slightly different to an automated certificate. Once a manual certificate has been issued, it cannot be used to join the Update Service or added to an existing Update Service subscription.

Individuals who have contacted our helpline have told us that the process for producing a manual certificate takes longer than an automated one and, because it looks slightly different, could potentially alert an employer to the fact that an individual has had a caution or conviction filtered, thereby negating the benefits of the filtering process.

We have previously raised this anomaly with the DBS and were told that it was a temporary problem which had “led to a small increase in the number of manual certificates being issued”.

We are aware that the DBS are working on updating their current system but we believe that with significantly more people benefitting from filtering, it’s likely that many will be affected by this issue. However, we need to see evidence of this before going back to the DBS.

That’s why we need your help.

If you currently subscribe to the Update Service and have a caution or conviction which is now eligible for filtering, we would ask that you:

  • Apply to the DBS for a paper version of your standard/enhanced DBS certificate with your caution/conviction removed; and
  • If you receive a manual certificate from the DBS email us a copy of it to feedback@unlock.org.uk.

Any information sent to us will be treated confidentially and not shared with any third party without your prior consent.

We rely on the evidence we hear from people on the ground to inform our work holding government and institutions to account. Sharing your experiences with us can make a real difference to how laws and policies impact the lives of people with criminal records.

More than 80,000 people are on the barred list according to latest DBS figures

If you are included on a barred list (Children’s or Adult’s) you will be unable to work in regulated activity with any group from which you are barred; you will also be breaking the law if you seek to work in regulated activity. Likewise, any employer who knowingly employs somebody on the barred list will also be breaking the law.

If you receive a caution or conviction for certain ‘relevant offences’ (known as autobar offences) and you work or have worked in regulated activity in the past (or may do so in the future) then the DBS may decide to add you to one or both barred lists. The DBS will contact you in writing and in many cases, will give you the opportunity to make representation to them as to why you shouldn’t be included on one (or both lists). If you are cautioned or convicted of an automatic inclusion offence, you will not be permitted to make representation.

However, many people face being barred years after they were cautioned or convicted, usually prompted by an application for an enhanced and barring DBS check.

How do you get referred to the DBS?

Referrals to the DBS come from 3 sources:

  1. Referral cases – Received from employers and other regulated activity providers when they have dismissed, removed or would have removed (had the individual not left) an employee from working in regulated activity.
  2. Disclosure information – Received when an applicant with cautions, convictions (and sometimes police intelligence) for relevant offences applies for an enhanced with barring list check.
  3. Automatic Barring (Autobar) cases – Received when an individual has been cautioned or convicted for a relevant offence or is issued with a Risk of Sexual Harm Order/Sexual Risk Order (if details have been provided to the DBS by the Home Office).

Recent figures released from the DBS show that in the year 2020/21, 20,675 barring referrals came from automatic barring cases with a further 12,280 cases being investigated after an application for an enhanced and barring check is made.

How many people are on the barred list?

The number of people included in one or more barred lists has been steadily increasing year on year since 2011 from 37,199 to 81,941. (The total number includes those who have remained on the list from previous years).

During 2020/21 a further 4,020 people were added to one or both barred lists, a 4.68% increase on the previous year. However, it should be noted that this is one of the smallest increases over the course of the periods recorded which is good to see.

Receiving a ‘Minded to Bar’ letter

Our helpline is regularly contacted by individuals who, having applied for an enhanced and barring DBS check, receive a letter from the DBS informing them that they are being considered for inclusion on the Children’s and/or Adults’ Barred List. Many of these individuals make successful representations to the DBS and are able to continue working with vulnerable groups. Nevertheless, waiting for a decision causes huge amounts of worry and anxiety and for some, may lead to a job offer being withdrawn.

Some of these barring investigations will have been triggered as a result of an employer carrying out an ineligible check. Not only is this unlawful but as can be seen, the potential impact on an individual can be enormous. Therefore, if you believe that an employer is carrying out an ineligible check, then you should challenge this at the earliest opportunity.

If you do receive a Minded to Bar letter, don’t panic but don’t ignore it.

If you do nothing then you will automatically be placed on one or both barred lists which means you’ll no longer be able to work in regulated activity. The DBS have no wish to bar everybody who has ever been cautioned or convicted of a relevant offence and will seek to include only those who are working in regulated activity who could be seen to present a risk of harm to children or vulnerable adults. When making a barring decision, the DBS will act independently, weighing up the cases presented by both the individual and the other parties.

We have further information on making representations and appealing a DBS decision but if you would prefer to speak to one of our advisors about a barring issue, please contact our helpline.

Monthly summary – March 2021

Welcome to our monthly summary for March 2021.

This provides a summary of:

  1. the latest updates to our self-help information site for people with convictions
  2. recent posts to our online magazine, theRecord
  3. discussions on our online forum
  4. other news and developments that might be of interest to people with a criminal record

Have you stumbled across this? You can receive updates to your inbox every month for free by signing up to our mailing list (make sure you choose to receive ‘news for people with convictions’).

Updates to our information site

Here’s a summary of the updates we’ve made to the information hub. There are links within each update to where you can find more information.

Work and volunteering

  • Applying for a job with probation? Do you know what you need to disclose? – The Probation Workforce Strategy 2020-2023 sets out the commitment made by HMPPS to enhance their recruitment approach to attract candidates with broad and varied life experiences. Our latest advice post sets out what applicants should (and should not) disclose when applying for a probation officer role.
  • Self-disclosure statements – We’ve updated this page to include an example of how to disclose a conviction for a sexual offence.
  • Gambling licence (known as a Personal Functional Licence) – As a result of changes made to the Gambling Commission website, we’ve updated some of the information and links on this page.

Sexual offences

  • Sexual offence convictions: what you need to know – There are many misconceptions around convictions for sexual offences, especially relating to their disclosure to employers, insurers etc. We’ve published some new information designed to raise awareness of the things individuals might need to know during the various stages of the criminal justice system.

Coming to (and staying) in the UK

  • Applying for settled status if you’re an EU citizen and travelling to Europe – We’ve written a further article for Insidetime which provides information on making a settled status application whilst you are in prison.

theRecord posts

Below are links to recent posts to our online magazine, theRecord. These are often linked to the practical information that we have, to help give some personal experiences.

Success – Knowledge and enthusiasm enabled me to appeal my court order – “Approximately eight years ago I received a six-month suspended sentence for a downloading offence and, along with this came an indefinite Sexual Offences Prevention Order (SOPO) …..”

Struggles and stigma – The hopelessness of IPP sentences – “I was sentenced to five years in prison following my involvement in a tax fraud. I’d never been in any trouble with the police prior to this and the conviction came about due to some really bad business decisions I’d made. However, whatever the reason I’d still broken the law and it was right that I was punished …..”

Discussions on our online forum

Below are links to recent posts on our online forum. If you’d like to join the discussion but are not currently a forum member, find out how you can join here.

Anyone applied to work for probation? – M15788 has recently been considering applying for a job with the Probation Service but was concerned to see the advertisement state that applicants needed to “pass a DBS check”. Has anybody applied for a job with probation? Were you refused because you had an unspent conviction?

Applying for a B2 tourist visa – Fazz84 is hoping to travel to the USA later this year and would be interested in hearing from anybody who has been through the visa application process.

Other news and developments

Below are links to other news and developments that might be of interest to people with a criminal record. For more news, check out the news and media section of our main website.

New report highlights impact of criminal records on women

We’ve published a new report, “Angels or witches”: the impact of criminal records on women which brings together the voices and experiences of women with a criminal record and examines the barriers faced by them when accessing employment.

An insight into Northern Ireland’s consultation on spending periods

We have been following a consultation undertaken by the Northern Irish government on changing the rehabilitation periods for criminal offences. Unlock’s Policy Officer, Sam Doohan sets out his thoughts on the possible impact of any changes.

Applying for a job with probation? Do you know what you need to disclose?

People with criminal records are often keen to use their experience to help others in prison or on probation. Lived experience of the criminal justice system is now recognised as an asset by many employers in the sector – including Her Majesty’s Prison and Probation Service (HMPPS).

Last year they published the Probation Workforce Strategy 2020-2023 which states their intention to select the most capable candidates regardless of their background and enhance their recruitment approach to attract the right people in the right places, including ex-offenders, where appropriate, and those with broad and varied life experience.

HMPPS are now recruiting probation officers so if you are interested in helping others move on positively in their lives, now is your chance.

Knowing what to disclose

If you’ve got a criminal record and you’re applying for a new job or volunteering role, it’s always important to know if and what you need to disclose.

Make the mistake of over or under-disclosing and you run the risk of your application being unsuccessful.

Prison and probation roles are exempt from the Rehabilitation of Offenders Act 1974 so cautions and spent convictions can be taken into consideration. You will need to disclose these during the application process. However, these jobs are not exempt from the filtering rules and applicants do not need to disclose filtered cautions or convictions.

Find out if your criminal record is filtered

Some cautions and spent convictions can become ‘protected’. Once protected, they are ‘filtered’ meaning they won’t be disclosed on standard or enhanced DBS checks.

Filtered cautions and convictions do not appear on a standard or enhanced DBS check and don’t need to be disclosed (except for a very few jobs – see below). However, they are not ‘removed’ or ‘wiped’ from police records.

The filtering rules changed in November 2020 so use our guidance to work out whether your caution or conviction is filtered.

Are any jobs exempt from the filtering rules?

There are a small number of jobs that are exempt from the filtering rules but these do not include jobs in the prison or probation service. The application of these rules to sensitive employment – namely as a police support worker – was tested in court in 2017.

Jobs that are exempt from the filtering rules include:

  • judicial appointments
  • constables and police cadets
  • employment in the Serious Fraud Office or National Crime Agency
  • HMRC Commissioners
  • The Official Solicitor and their deputy
  • certain appointments to the office of Public Trustee
  • any office, employment or other work which is concerned with the establishment of, operation of, or access to a database under section 12 of the Children Act 2004.

Do I need to disclose a filtered criminal record for a probation role?

The recruitment site says:

You must disclose all convictions, cautions and absolute or conditional discharges – however long ago they occurred

But this is not quite right.

Prison and probation roles are covered by filtering rules, meaning applicants are legally entitled to withhold this information. We contacted HMPPS’s Operational Support Group to confirm. They told us that:

Filtered cautions and convictions do not need to be disclosed, as these are not considered as part of the vetting decision making process.

As the vetting process does not take into account filtered cautions/convictions, collecting this information could be considered excessive and therefore a breach of the General Data Protection Regulations.

For more information

Sexual offence convictions: what you need to know

From March 2013 to March 2020, the number of sexual offences recorded by police forces in England and Wales almost tripled with 154,113 recorded between April 2019 and March 2020.

Being accused, charged and possibly convicted of a sexual offence will often leave individuals feeling ashamed, victimised and very alone and the stigma behind these types of offences can make it difficult to ask for information, advice and support. However, there are many misconceptions around convictions for sexual offences and it’s important to be clear about how they work in terms of disclosing to employers and others.

We’ve published some new information, designed to raise awareness of the things you might need to know, during the various stages of the criminal justice system.

More information

Moving on: Applying for settled status if you’re an EU citizen and travelling to Europe

This month we’ve written a further article for Insidetime ‘Through the Gate’ section which highlights the impact of a criminal record when making a settled status application and travelling to the EU with a criminal record after Brexit.

After agreeing a trade deal with the EU, on 1st January 2021 the UK left the single market and customs union. Since then, our helpline has started to receive calls from people with a criminal record worried that leaving the EU will stop them from visiting Europe for a holiday.

The majority of people leaving prison will be on licence, which can make travelling abroad difficult – a standard licence condition is … ‘not to travel outside the UK without obtaining the prior permission of your supervising officer.’ But will a trip to Europe be possible once your licence ends?

The European Commission has previously stated that after Brexit, UK passport holders will need to apply for a European Travel Information and Authorisation System (ETIAS) visa waiver; similar to an American ESTA. This is likely to cost around £6 and will be valid for several years. However it has recently been reported that the introduction of the System is likely to be postponed until late 2022/early 2023.

The ETIAS visa waiver will require applicants to answer basic questions about their past criminal convictions, namely: ‘Have you been convicted of any criminal offence over the previous 10 years and in the case of terrorist offences, over the previous 20 years?’

The answers you give will be checked against the European Criminal Records Information System (ECRIS) and Interpol.

The decision on whether or not to grant you an ETIAS visa waiver will depend on the specifics of your case. If you’ve been convicted of terrorism related offences or sex-trafficking, human trafficking, sexual exploitation of children, murder or rape, you’re likely to be denied entry into Europe.

If your offence falls outside the scope of the question (for example, if you were convicted of theft 12 years ago), then you can answer ‘No’ and your criminal record shouldn’t be a barrier.

If you’re on the Sex Offenders Register

Since 1st January 2021, access to the Schengen Information System (SIS), the information sharing system for security and border management in Europe, has been removed. This means that the police will no longer be able to use SIS to log travel details of anybody travelling to the EU who is on the Sex Offenders Register (SOR).

Although there is no direct replacement for SIS, we’ve been told that the police will continue to use Europol and other relevant data systems if they feel it necessary to share information with the EU. They can also make use of Interpol Notices to monitor the travel of individuals on the SOR across international borders.

Applying for settled status if you’re an EU citizen and have a criminal record

The deadline for applying for settled status is 30th June 2021, but it’s important that you don’t leave it until the last minute to apply. To be granted settled status, you will usually need to have been living in the UK continuously for five years – referred to as ‘continuous residence’.

If you’re currently in prison, you will need at least five years’ continuous residence from the day you are released to be considered for settled status, unless you already had five years’ continuous residence before you were sent to prison. (For example, if you have lived in the UK for less than 5 years, went to prison before 31st December 2020, and are due to be released after 1st January 2021 your application for settled status is likely to be refused. This is because your continuous qualifying residence could not begin until after 31st December 2020).

If you’re considering applying whilst in prison, then you’ll probably need to use a paper form given the difficulties you may have in accessing either your identity documents or the online application form. To request a paper form you should contact the Settlement Resolution Centre (telephone number 0300 123 7379). Once you’ve completed the form, you’ll need to request the relevant identity documents from the prison (we’ve been told that prison governors will make these accessible) before you send it.

As part of the application process, you will be asked for details of your convictions. The Home Office will then check your application against relevant criminal record databases, including the Police National Computer. Your application may be referred to the Immigration Enforcement team for further assessment if:

  • In the last five years you have received a conviction which resulted in a prison sentence;
  • You have ever received a conviction which resulted in a prison sentence of 12 months or more for a single offence;
  • In the last three years, you have received three or more convictions (including non-custodial sentences) unless you have lived in the UK for five years or more;
  • You are currently in prison and your case is awaiting deportation consideration.

If your application is refused you will usually be given the opportunity to appeal to the Home Office against the decision. We would always recommend seeking specialist advice prior to making an appeal and the prison library or resettlement department should be able to provide you with details of organisation that can assist you with this.

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