Skip to main content

Type: Unlock General

Civil service to “ban the box” to help rehabilitate people with convictions

This week David Cameron unveiled a raft of prison reform measures.  One of these will be  to scrap the declaration of criminal convictions in the initial application stage for civil service jobs.

Responding to this announcement, Unlock’s  Christopher Stacey said:

“We welcome David Camerons’ commitment to the Ban the Box campaign and in changing the recruitment practice of the Civil Service towards people with convictions.

 

The Civil Service represents a significant employer and this news is a welcome boost to the employment prospects of the millions of people with a criminal record.

 

There’s no reason why any role should be closed off to banning the box and we look forward to ensuring that the Civil Service implement the Prime Ministers’ commitment alongside a number of other measures to make it a fairer and more inclusive employer towards people with convictions.

 

We work closely with employers to encourage them to recruit people with convictions and deal with criminal records fairly. We look forward to working with Government, alongside BITC and others, to encourage more employers to take this proactive approach in removing the barriers people with convictions face when looking for work.”

Our quote was featured in an article in Civil Service World.

 

Notes to editors

  • Press/media
  • Unlock is an independent, award-winning charity for people with convictions which exists for two simple reasons. Firstly, we assist people to move on positively with their lives by empowering them with information, advice and support to overcome the stigma of their previous convictions. Secondly, we seek to promote a fairer and more inclusive society by challenging discriminatory practices and promoting socially just alternatives.
  • Our website is unlock.devchd.com.
  • David Camerons’ full speech can be read here.
  • More information about Ban the Box here.

Monthly Update – January 2016

We’ve just published our update for January 2016.

 

 

 

 

 

 

This months updates include:

  1. Updated information about convictions for sexual offences which reflect the changes to civil orders such as Sexual Offences Prevention Orders (SOPO’s)
  2. A personal experience of being refused a work placement as part of a college course and the impact made by launching an online petition
  3. Three short stories based on the experiences people with convictions have had when seeking work
  4. A link to the result of the legal challenge to the Governments disproportionate criminal records disclosure scheme.

 

The full update 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. other news and developments that might be of interest to individuals with a criminal record

 

Read the January 2016 update in full here

 

Best wishes,

Unlock

 

Notes

  • All previous updates can be found in full in the ‘Latest updates‘ section of our Information Hub
  • For more self-help information, please visit unlock.devchd.com/information-and-advice/
  • If you have any questions about this information, please contact our helpline
  • If you’ve been forwarded this email, you can sign up to receive these updates directly by clicking here and selecting to receive ‘News/updates for people with convictions’
  • If you have found this information useful, please leave us your feedback and/or consider making a donation.

 

Disproportionate criminal records disclosure scheme declared unlawful by the High Court

Press Release – 22nd January 2016

The High Court has today declared the Government’s criminal records disclosure scheme incompatible with Article 8 of the Human Rights Act.

The judgment relates to the rule that anyone who has more than one conviction on their criminal record – regardless of the minor nature of the offences, how long ago they were committed and the person’s circumstances at the time – is required to disclose them forever when applying for certain types of work that involve standard or enhanced checks.

Lord Justice McCombe and Mrs Justice Carr declared this rule unlawful under Article 8 of the Human Rights Act, the right to a private and family life.

The case was brought by Liberty and Stephensons, supported by Unlock.

Christopher Stacey, Co-Director of Unlock, a charity for people with criminal records, said:

“Unlock is delighted with the court’s decision in this important case which stands to affect many thousands of people with convictions. Since the filtering scheme was introduced in 2013, it’s helped many people with old and minor criminal records to be free of the stigma and discrimination that so many face when they have something on their criminal record.

 

“However, the current system doesn’t go far enough: it is blunt, restrictive and disproportionate. These shortcomings have today been recognised by the High Court and we are excited about the improvements which will follow. They will not only benefit those with convictions to move on positively with their lives but it will also contribute towards building a fairer and more inclusive society.”

The argument put forward in the case was that the current system breached rights under Article 8 of the Human Rights Act, that the system is arbitrary and disproportionate, and requires urgent reform to allow for greater consideration of individual circumstances.

Unlock has long argued that a more flexible system, which considers individual circumstances in cases of old and minor convictions, should be introduced. The defendants in this case argued that such a review scheme would be unworkable – but Lord Justice McCombe said he was “far from convinced” by this argument.

The Court has yet to decide on remedies.

James Welch, Legal Director for Liberty, said:

“This ruling will bring reassurance for the very many people who have had their ambitions dashed because of very small mistakes they made years, or even decades, in the past.

 

“The Government must urgently fix this broken system, which rightly allows people with a single minor offence to move on with their lives, while those with two – no matter the nature or circumstances of their crimes – cannot.

 

“We are delighted the High Court has recognised the importance of the human right to privacy in allowing people to rebuild their lives.”

Mike Pemberton, head of public law and civil liberties at Stephensons, said:

“The judgment of the High Court recognises that it cannot be necessary or justifiable for an individual to have minor offences disclosed indefinitely from many years ago; merely because there is more than one minor offence.

 

The court heard that a more serious offence of the same type would be filtered and accepted that there could not be any rationale for the disclosure of the minor offences. I welcome the fact that the court has effectively applied what is common sense to the issue of criminal records”.

END

Notes to editors

  1. Press/media 
  2. Unlock is an independent, award-winning charity for people with convictions which exists for two simple reasons. Firstly, we assist people to move on positively with their lives by empowering them with information, advice and support to overcome the stigma of their previous convictions. Secondly, we seek to promote a fairer and more inclusive society by challenging discriminatory practices and promoting socially just alternatives.
  3. Our website is unlock.devchd.com.
  4. The judgement is available online.
  5. This judgement does not have any immediate impact on the current DBS filtering scheme.
  6. A press release from Liberty is available on their website.
  7. A press release from Stephensons is available on their website.
  8. We have practical self-help information on how the current filtering system works on our information hub.
  9. Find out more information about our policy work on the DBS filtering process here.
  10. The current system is explained below:

One of the cases was referred to as P. In August 1999, P was charged with shoplifting a 99p book. She was bailed to appear before a Magistrates’ Court 18 days later, but failed to attend and was therefore convicted of a second offence under the Bail Act 1976. In November 1990, she was given a conditional discharge in respect of both offences. P’s two convictions relate to a very specific and short period of her life, and she has no subsequent criminal history of any kind. At the time, she had untreated schizophrenia – a condition which was later diagnosed and treated. P now wishes to work as a teaching assistant and has sought voluntary positions in schools. However with each application she is required to disclose her two convictions, which has the effect of leading to the disclosure of her medical history.

The other case was referred to as A. A was convicted of two minor crimes in 1981 and 1982 and was concerned that he would be forced to disclose his convictions as part of his current employment. The Police Act 1997 created the Disclosure and Barring Service (DBS – formerly the Criminal Records Bureau), which provides details of a job applicant’s previous convictions to prospective employers.

For certain types of work, particularly work with children or vulnerable adults, the standard or enhanced certificates issued by the DBS used to list all the job applicant’s previous convictions. However, in 2013, the Government amended this scheme following a Court of Appeal ruling (T v Chief Constable of Greater Manchester) to introduce a “filtering” process. Single convictions for non-violent, non-sexual offences that did not lead to a custodial sentence (including a suspended one) will be “filtered” (i.e. not disclosed) after 11 years (five-and-a-half years if the person was under 18 at the time of the offence).

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

The Rehabilitation of Offenders Act 1974, which governs the circumstances in which a person has to admit to a previous conviction if asked, operates in a similar way. A person applying to work with children or vulnerable adults does not have to disclose a conviction which is “filtered”.

Parliament Committee agrees to further restrictions on people with convictions becoming trustees and senior managers of charities

 

On the 6th January, the House of Commons Public Bill Committee discussed the Charities (Protection and Social Investment) Bill.

This was when the Committee got to look at Clause 10 of the Bill, which relates to the issues we’ve raised that will have an impact on people with convictions.

It was positive to see a number of the concerns we raised with the Committee brought up in the session. For example, Anna Turley MP said:

“Some issues remain to be ironed out, not least further understanding and mitigation of its impact on charities working in the criminal justice sector which help to support and promote the rehabilitation of offenders and which employ ex-offenders or—as with the excellent charity Unlock, for example—aim to have at least 50% of trustees with some experience of living with a criminal record. While these provisions pertain to unspent convictions, we have some questions that we hope the Minister will answer.

 

How many people employed in the charitable sector does the Minister expect to be affected by the extension of the disqualification framework to senior management positions? What assessment has been made of the impact of the new disqualification framework on former offenders employed in the charitable sector, including on their career prospects and long-term rehabilitation and resettlement? What assessment has been made of the impact of the legislation on charities that work with former offenders who are employed by community rehabilitation companies as part of the Government’s transforming rehabilitation reforms?”

We welcome the clear commitment from the Government to work with us. Rob Wilson, Minister of State for Civil Society, said:

“The commission has set up a working group to review its current staff guidance and the process of issuing waivers, as well as how information about waivers is communicated to those disqualified, so as to make it as clear and simple as possible. That has already involved rehabilitation charities, such as Unlock, and will continue to do so. The working group will also review the commission’s published information on this subject to ensure that it is consistent with its conclusions.”

We remain in opposition to the Bill and its proposals. However, we also recognise the need to take a pragmatic stance towards the changes on the horizon.

We have written to the Minister for Civil Society to seek further clarity about the numbers of people likely to be affected, and to seek assurances about the waiver process. We will also be working with the Charity Commission to improve this process.

Whatever happens, we plan to closely monitor the impact of the legislation.

We will continue to keep the trustee section of our website up to date with news and developments as they arise.

 

Useful links

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 we’ve helped.

We hope they give a good idea of how we help people.

However, more importantly than our role, we think that these examples show how people with convictions are able to overcome some of the barriers that have been put in their way due to their criminal record.

We’ve posted the examples below as case studies in the support section of our website:

Benny – Success with the Scouts

Lee – Negotiating disclosure with the police

Sharmini – Disclosing a conviction in a different way

 

Why employers need to change! Three short digital stories from people with convictions

As part of our employment project, we’ve produced some short stories based on the experiences of people with convictions finding work.

Each of the stories show something different, as we explain below. However, although every situation is unique, we think that the stories serve as a helpful way or showing the importance of supporting employers to recruit people with convictions and in challenging employment discrimination.

We’ve uploaded all three videos onto our YouTube account, but you should be able to watch each of them below. We’ll also be using them as part of our work to support and challenge employers.

We’re grateful to the three individuals who took part, as well as all of those who got in touch after we put a call out for volunteers. We’d also like to thank Carlotta Allum for her help us in producing the digital stories.

 

Steve’s story

Steve’s experience shows how, since a minor incident when he was 19, he forged a successful career in the City for the next 16 years, but then it caught up on him. When he applied for his ‘dream job’, he disclosed his minor conviction as the employer had suggested he needed to. Their response was that they could no longer offer him the job.

He believed honesty was the best policy and that he wouldn’t be judged on that one moment, instead that he would be credited for the last 14 years.

His experience shows the importance of employers being clear to applicants what they do and don’t need to disclose; Steve didn’t need to disclose because of his conviction is now legally ‘protected’. Legally, his employer had a legal duty to disregard it and they’ve left themselves open to potential legal issues.

Finally, it shows the importance of employers looking beyond what they see on paper. Steve’s minor conviction from 16 years ago was no longer relevant to his job role. His potential employer should have been able to work this out. Given they didn’t, they clearly have to work to do to improve their recruitment practice.

 

Ricky’s story

Ricky’s experience of applying for work with a criminal record shows the benefit of employers that ‘ban the box’ from application forms and deals with criminal records at the job offer stage, giving people a chance to be interviewed on their merits.

His story also shows the importance of looking behind what you might see on paper – the circumstances surrounding a particular drugs offence on his record causes him particular problems as employers rarely give him a chance to explain the circumstances.

 

Sean’s story

Sean’s experience shows how important it is for people with convictions to be supported by mainstream employment support agencies to help them into employment.

He was rejected from jobs because he was overqualified. He found it frustrating that probation didn’t have the means to help him back into work and didn’t have links with local employers and recruitment agencies.

He feels that employers should find out more from applicants – those that are willing to open up about their past will enable the employer to get a better understanding and take a more balanced approach.

 

Useful links

 

Thanks to Display Wizard for donating a banner to us

We’d like to thank Display Wizard for kindly donating a banner stand to our charity.

We use stands like this when we go to events for people with convictions, like resettlement fairs in prisons and probation areas.

We also use them when we go to events with employers and recruiters.

This stand will help us to raise more awareness of our work.

Display Wizard - Display and Exhibition Stands

Monthly Update – December 2015

We’ve just published our update for December 2015.

 

 

 

 

 

 

This months updates include:

  1. Information about restraining orders including when they become spent, when they should be disclosed and the ongoing implications of living with one
  2. Details of how to apply for a gambling licence (known as a Personal Functional Licence) and how a criminal conviction may impact on the successful granting of one
  3. A personal experience of seeking work in a university and the consequences if an employer carries out the wrong level of criminal record check
  4. A link to details of the legal challenge to the Government’s disproportionate disclosure scheme which Unlock is supporting.

 

The full update 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. other news and developments that might be of interest to individuals with a criminal record

 

Read the December 2015 update in full here

 

Best wishes,

Unlock

 

Notes

  • All previous updates can be found in full in the ‘Latest updates‘ section of our Information Hub
  • For more self-help information, please visit unlock.devchd.com/information-and-advice/
  • If you have any questions about this information, please contact our helpline
  • If you’ve been forwarded this email, you can sign up to receive these updates directly by clicking here and selecting to receive ‘News/updates for people with convictions’
  • If you have found this information useful, please leave us your feedback and/or consider making a donation.

 

We want to make sure that our website is as helpful as possible.

Letting us know if you easily found what you were looking for or not enables us to continue to improve our service for you and others.

Was it easy to find what you were looking for?

Thank you for your feedback.

12.5 million people have criminal records in the UK. We need your help to help them.

Help support us now