Earlier today co-director, Christopher Stacey, gave evidence to the Justice Committee’s inquiry into the disclosure of youth criminal records.
You can watch the session here or below.
Earlier today co-director, Christopher Stacey, gave evidence to the Justice Committee’s inquiry into the disclosure of youth criminal records.
You can watch the session here or below.
An article published by Nat West suggests that one remedy to fill the UK’s skills gap could be to hire more ex-offenders and discusses what is the best way to go about it.
Christopher Stacey contributes to the article, stating “We know from employers that have been proactive in recruiting people with convictions that they make good employees. The first thing we recommend any company does is look at its current policy and approach. ”
You can read the full article , including tips for employers who are considering hiring an ex-offender, here.
Published by the Department for Work and Pensions in partnership with Business in the Community, the guide, Strengthening your workforce with talent from disadvantaged groups, comes after high demand from the business world for more help and support for employers to become inclusive.
Part of the See Potential campaign, it’s already been welcomed by the FSB Chairman Mike Cherry in the Telegraph’s Business pages last week and by the CBI’s President Paul Drechsler, CBE, in the Great Business Debate online. Many business organisations, such as the Institute of Directors, British Chambers of Commerce and the Recruitment and Employment Confederation are also behind the new toolkit.
With a particular section on people with criminal records, it includes 7 top tips for employers that have been drawn from our principles of fair chance recruitment and lists six useful organisations, including Unlock.
Responding to the launch of the guide, Christopher Stacey, Co-director of Unlock, said:
“We welcome the launch of this official open recruitment guide. It’s important that companies get a consistent message about how to be more open in their recruitment, and this guide pulls together many elements of good practice that we have embedded into our principles of fair chance recruitment. It’s a much-needed resource for companies looking at how to strengthen their workforce by making sure they’re not missing out on talent pool that exists amongst people with criminal records. From here we encourage the government to not only ramp up its work in supporting employers to be more open by providing practical hands-on support, but also by directly challenging those companies that we know have unfair and discriminatory policies and procedures.”
In a detailed report published today, the Law Commission has recommended a wider review of the criminal record disclosure system.
In the most comprehensive operational assessment of the DBS filtering process to date, their conclusion is that:
“Given the vast array and magnitude of the problems identified by our provisional assessment of the disclosure system as a whole, there is a compelling case to be made in favour of a wider review. Our conclusion is that the present system raises significant concerns in relation to ECHR non-compliance and, what may be considered to be, the overly harsh outcomes stemming from a failure to incorporate either proportionality or relevance into disclosure decisions. An impenetrable legislative framework and questions of legal certainty further compound the situation. This is an area of law in dire need of thorough and expert analysis. A mere technical fix is not sufficient to tackle such interwoven and large scale problems.”
Their review had a specific focus on the current ‘list of offences that cannot be filtered’. On that, the report states:
“…the choice of offences in the list appears to lack coherence and a clear basis”
Because of the limited scope of the project, the report states that:
“We do not make recommendations about whether any particular offences should be added or removed from the list”
In examining the operational list, the Law Commission identified the following specific practical and operational problems:
The report goes on to state that:
“Any recommendations that we made regarding the non-filterable list would clarify the contents of that list and make it more accessible for users of DBS, but more deep-seated confusion regarding the operation of the Rehabilitation of Offenders Act 1974 and the exempted questions would remain. In Chapter 5 we discuss possible topics for a wider project addressing both the criminal records disclosure system and the rehabilitation of offenders scheme.”
Responding to the report, Christopher Stacey, Co-director of Unlock, said:
“Today’s report is a damning indictment of the current DBS filtering system and reinforces the concerns we’ve raised since it was first introduced in 2013. We are pleased that the Law Commission has listened to the criticisms that we and others put forward on the broader operation of the current system. Their recommendation for a wider review is needed now more than ever. The current system doesn’t go far enough: it is blunt, restrictive and disproportionate.
“These shortcomings were recognised by the High Court in January 2016, and we urge the government to withdraw their appeal and instead get to work in undertaking this wider review and finally establishing a proportionate disclosure system that is transparent, clear and fair. This will not only benefit those with old and minor cautions and convictions to move on positively with their lives, but it will also contribute towards building a fairer and more inclusive society”
The leading charity for people with convictions has welcomed a report published today by the Work and Pensions Committee which calls on government to drastically improve the support provided to people released from prison and do more to encourage employers to recruit people with convictions.
Christopher Stacey, Co-director of Unlock, said:
“Today’s report shows that current government policy is failing people with convictions. There is no one person in government with responsibility for helping prison leavers into work and no clear strategy for how different agencies should work together to get people with convictions into employment.
“We are delighted that the Work and Pensions Committee has listened to the evidence that we submitted and has made a number of recommendations which, if implemented by government, would vastly improve the chances of people with convictions to become positive members of society rather than burdens of the state. Only a quarter on people leaving prison have a job to go to, yet stable employment significantly reduces the likelihood of people re-offending in the future.”
“Employers need to be encouraged to change their recruitment practices, and piloting a reduction in National Insurance contributions for those who actively employ people with convictions is a welcome step forward. Unlock supports the Committee’s recommendation of taking the “ban the box” campaign further by considering putting it on a statutory footing for all employers. We know that this practical change in recruitment practice, alongside other ‘fair chance recruitment’ measures, increases the chances that employers will recruit people with convictions.”
“We are pleased that the Ministry of Justice is working on a new employment strategy. This needs to be done jointly with the Department for Work and Pensions and place significant focus on people with convictions in the community. Crucially, it must recognise that no level of training or education in prison will overcome the negative approaches taken by employers, so supporting and challenging employers in their recruitment practices needs to be a fundamental part of this strategy. More broadly, government needs to fundamentally reform the law around criminal records disclosure to prevent the unnecessary and disproportionate barriers that people face long after they’ve served their sentence.”
The Committee encouraged employers to change their recruitment process and made a number of recommendations to both government and companies, including:
Notes
Today we took a small group of people with convictions to a private session with the Justice Committee as part of their short inquiry into the disclosure of youth criminal records.
We’re grateful to everybody who took part, and we have no doubt it will have helped committee members better understand the issues as they look into this issue and make recommendations in 2017.
“A reformed criminal records system for children”
That’s the recommendation of Charlie Taylor, whose review into youth justice was published today.
In a wide-ranging review, there’s a specific section on criminal records (pages 25 and 26).
He proposes that the Ministry of Justice and the Home Office should:
“Develop a distinct approach to how childhood offending is treated by the criminal records system. (Paragraph 85)
This should include:
consideration of distinguishing between under-15s and 15-17 year olds in terms of the retention and disclosure implications of offending; (Paragraph 86)
further reductions in the periods before which childhood convictions become spent; (Paragraph 87)
all childhood offending (with the exception of the most serious offences)
becoming non-disclosable after a period of time; (Paragraph 88) and
the circumstances in which police intelligence on childhood conduct can be disclosed being further restricted. The Home Office should consider the introduction of a presumption that police intelligence dating from childhood should not be disclosed except in exceptional circumstances. (Paragraph 89)”
In its response, the government said:
“We recognise that criminal records in childhood can impact on future life chances. However, there are a number of cases before the courts in relation to disclosure policy as it currently stands. We also look forward to the findings of the current inquiry being carried out by the Justice Select Committee in this area. We intend to work with the Home Office to consider these and the Taylor Review’s recommendations more fully following the Court’s judgement.”
Christopher Stacey, Co-director of Unlock, said:
“We very much welcome the proposals for reform to childhood criminal records that Charlie Taylor has set out in his report. We encourage the government to undertake proactive work in making these recommendations a reality. The ongoing legal cases challenge a narrow aspect of the system and could be settled if the government withdrew its appeal against the January 2016 ruling in the High Court. Regardless of this, there is a pressing need for work to be undertaken in the meantime, ready for when the Court of Appeal makes it judgement in 2017, and we stand ready to work positively with government on this important issue.”
Our written evidence to the Justice Committee’s inquiry into the disclosure of youth criminal records has been published on the Parliament website.
Alongside a number of recommendations, we’ve included five anonymous personal experiences. Next week, we’re taking a small group of people to Westminster to share their personal stories with MP’s on the Committee.
The specific details of the inquiry are here
There are more general details about the work of the Justice Committee here
Today Civil Society has published a piece on the extensions to rules disqualifying trustees and senior managers as a result of criminal convictions.
A Charity Commission spokesperson is quoted in the article, stating that:
“these changes will have significant impact on some individuals and we have always been clear that charities and affected individuals must have enough time to prepare for these changes properly. In order to do so fully, we are working with the Office for Civil Society to set a commencement date later in 2017.
“We consider that this should not before September and are hopeful that this will be agreed. We continue to work with a number of umbrella bodies and rehabilitation charities as we further develop these plans to ensure that charities, trustees and senior staff members have all the relevant information and enough time to take the appropriate steps.”
The original plan of government was to introduce these changes in April 2017.
We are pleased that the government and Charity Commission have listened to the concerns that we’ve raised by delaying implementation. We continue to have principled objections to a number of aspects of the new legislation, in particular the extension of the framework to senior managers and the inclusion of certain spent convictions and people on the sex offenders register. These changes are unnecessary and will be an ineffective way of protecting charities.
A delay to implementation will enable the government to carry out the proper impact assessment of these proposed changes that it has committed to do, so that this can be considered as part of the implementation process. It will also give the commission the time it needs to produce clear guidance on the new framework and establish a sensible waiver process. The retrospective impact of these changes means that the commission needs time to support both charities and individuals affected and ensure that individuals are able to obtain waivers ahead of these changes coming into force.
We understand that the commission remain committed to raising awareness and publishing guidance at least 6 months in advance of any changes coming into force. We’ll be keeping our policy section updated as this progresses.
The Charities (Protection and Social Investment) Act 2016 means people with unspent convictions for specific offences, as well as those on the sex offenders register are automatically disqualified from acting as trustees or senior managers.
As a charity that exists to support the efforts of people with convictions in moving on positively with their lives, and as an organisation which itself seeks to recruit trustees and leaders who themselves have convictions, we are concerned about the impact of this. Ultimately, we think that the changes brought in by the 2016 Act are disproportionate and an ineffective way of protecting charities.
You are likely to be affected if you:
or
We’re gathering evidence from people who are impacted by the disqualification rules.
If you have are automatically disqualified from acting as a trustee or senior manager because of your criminal record and have been (or will be) affected by the rules in some way, contact us at policy@unlock.org.uk using the subject header ‘Call for evidence: CC disqualification’.
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