We’re pleased to announce the appointment of four new trustees who join our board this month:
Steve Lorber is solicitor specialising in employment law and workplace data privacy together with advice on charity law and governance; Emma Wilson is a qualified solicitor, currently working as a consultant. She is a volunteer for the charity StoryBook Dads in HMP Wandsworth and as an Independent Monitoring Board member at a women’s prison; Mike Pattinson is a Senior Executive within Change, Grow, Live, a charity providing services including drug and alcohol treatment and rehabilitative interventions in the justice system; and Mandy Mahil whose personal experience of the criminal justice system supports her work with a number of organisations to promote reform in the British criminal justice system and improve the prospects of people with criminal convictions.
Each of the new trustees brings with them a wealth of experience and talent and are a welcome addition to the current board of trustees. They have an innate understanding of the challenges facing people with convictions, as well as having a broad range of skills valuable expertise to support the most effective governance of the charity.
Unlock’s Chair, ZoëVeater commented:
“As small charity, we were blown away by the standard of applicants for the advertised trustee positions. We were lucky to have the opportunity to meet some exceptional candidates. The new trustees we are welcoming to our board all bring both vital skills but also importantly, passion for our mission. This can only strengthen and consolidate our work in the sector, to ensure that those with convictions can move on positively in their lives with a full understanding of the landscape and with the support of an organisation which recognises their voice.”
Unlock raises concerns as Charity Commission grants just six criminal conviction waivers
The Charity Commission has refused more than half of the applications it has received from people with criminal convictions who wish to serve as trustees or senior managers, prompting Unlock to call for a review.
In an article published on the Civil Society website, Christopher Stacey, co-director of Unlock, said he was concerned about the low number of applications and high number of refusals, and has called on the Commission to publish an independent review on how it arrived on those decisions.
Christopher said:
“It is concerning to see such low numbers of waiver applications and such a high proportion of refusals. We worked hard to help the Commission establish its waiver process so it would not undermine individual charity’s governance. These figures raise questions regarding the fairness and transparency of the waiver process.
“Waiver applicants have already demonstrated the value they can add to the charities they are looking to be involved in, and that the charity has considered the criminal record and put in place appropriate safeguards. We encourage the Commission to instigate and publish an independent review of the decisions it has made and how it arrived at those decisions.”
You can read the full article on the Civil Society website.
Unlock speaks to Radio 4’s Woman’s Hour about the launch of it’s #Fairchecks campaign
Together with the charity Transform Justice, Unlock has launched the #FairChecks movement to help push for a fresh start for the criminal records system.
In this programme, Woman’s Hour’s Jenni Murray, talks to two women who have experienced problems with having to disclose their criminal records and to Unlock’s Policy & Practice Lead, Rachel Tynan. Rachel explains the need for the #Fairchecks movement and how people can support the campaign.
Following the launch, Unlock’s Co-director, Christopher Stacey spoke to BBC Radio Kent about the #Fairchecks movement and the issues people face when having to declare their convictions.
Help us plan our future work
As a small charity rooted in the experiences of people with a criminal record, it’s really important that our work is shaped by the needs of the people that we exist to help.
We are developing our plans for Unlock’s work in the next few years. We want to make sure that they reflect what people with criminal records want and need from us. Let us know your views through this short survey. Every single response will help shape Unlock’s plans for the future.
This year, we come to the end of our current strategic plan. Strategy can sometimes feel detached from the day to day experiences of people dealing with the effects of a criminal record. That’s why we want to hear your thoughts about what we should focus on over the next few years. A lot has changed since the planning for our current strategy that started in 2015 and we want to use this opportunity to have a really good look at:
what the problems people face are
what we think we can do about them
what our objectives are
how we’re going to achieve them
The end result will be a plan that is both ambitious and realistic, where we’re clear on our purpose, our objectives and how we plan to achieve them.
We’ve put together a set of questions so we can find out what matters to you. The answers are completely confidential, although there’s an option at the end to sign up to learn more about the next steps of this work and get involved in other ways.
We’re using Google Forms to collect responses to this survey. No personal details are required, and all responses are completely confidential. We will store survey responses safely and securely on our systems. Find out more about how we look after your data in our privacy policy.
As a way of saying thank you, we’re offering a £25 Love2Shop voucher to one randomly selected person who provides an email address when completing the survey before Friday 28th February 2020.
Rights groups condemn government’s failure to fix broken DBS system
Supreme Court ruled one year ago that disclosure and barring service rules breach rights
DBS system continues to unlawfully breach rights of people with multiple minor convictions and childhood cautions.
A year after the UK’s highest court found current rules on criminal records checks breach human rights laws, Unlock, Liberty and Just for Kids Law have denounced the Government for failing to fix this broken system.
On 30 January 2019, the Supreme Court directed the Government to fix the broken Disclosure and Barring Service (DBS) system. Four claimants had challenged the blunt and punitive rules, that require them to disclose multiple offences, no matter how historic or minor, and to disclose cautions received in childhood.
The Court, agreeing with two lower courts whose judgments the Government had challenged, said the Government needed to fix the rules to allow people to move on from past mistakes.
A year later, the Government has done nothing, and this injustice continues.
Christopher Stacey, Co-director of Unlock, said:
“Thousands of people with old and minor criminal records have had their cautions or convictions disclosed in the last year because of the government’s delay to reform the system. Unlock intervened in the Supreme Court case because we know people are unnecessarily anchored to their past due to an arbitrary regime which forces the disclosure of irrelevant information. We strongly urge the government to put an end to this unfair lifelong sentence by immediately mending the broken filtering rules alongside committing to carrying out a root and branch review of the criminal record disclosure regime. It’s time for a fresh start for the criminal records system.”
Sam Grant, Policy and Campaigns Manager at Liberty, said:
“It is a disgrace that after years of failed wrangling in the courts, the Government continues to drag its feet and refuses to fix a clearly broken system. A blunt bureaucratic system continues to subject people to unfair treatment for mistakes they made long ago. If you make a few mistakes, you should be able to move on without it tarnishing you for the rest of your life. The Government must finally put this right.”
“There is no excuse for the delay in implementing the landmark judgement. Every year about 25,000 youth cautions are disclosed in criminal record checks, most of which are for incidents that happened over 5 years ago. All these people are being unlawfully stigmatised by the government dragging its feet and failing to change the law. It must now act immediately to ensure no child who is given a caution ends up with a lifelong criminal record that robs them of the chance to be fully rehabilitated.”
“P” and “G”
Liberty’s client, known only as “P”, committed two minor offences in 1999 – stealing a 99p book, then missing her hearing at a Magistrate’s Court. She had an undiagnosed mental illness. P has committed no crime since these convictions. She aspires to be a teaching assistant, to make the most of her previous teaching experience.
Under current Disclosure and Barring Service (DBS) rules, P is required to disclose her convictions when applying for jobs and voluntary positions. This leads to conversations about her medical history, and she has been frustrated in her attempts to work.
Just for Kids Law’s client, known as “G” received two reprimands when he was 13 years old. These reprimands appear on standard and enhanced DBS checks until he is 100 years old. The Supreme Court found that disclosing such reprimands to employers is directly contradictory to their purpose. Just for Kids Law argued that reprimands (now called youth cautions) are designed as a rehabilitative measure, and not a punishment for life.
Unlock, which campaigns on behalf of people with criminal records, intervened in the case.
Unlock estimates that between 2007 and 2017, over 1.7 million people received a minor conviction that was not their first offence. All of these will now be spent but will still appear on DBS checks.
Going by records from previous years, Unlock estimates that around 25,000 standard or enhanced DBS checks will have resulted in the disclosure of cautions received in childhood since the Supreme Court ruled this to be unlawful.
Earlier this month, Unlock and Transform Justice launched the #FairChecks movement. People make mistakes, particularly when young. A criminal record should not hold people back from fulfilling their potential. Join the movement if you think we need a fresh start for the criminal records system.
Notes
Unlock’s response to the judgment on 30th January 2019, including case studies and a background to the case, is available here.
More information about our policy work on the DBS filtering system is available here
Unlock is an independent national charity that provides a voice and support for people with convictions who are facing stigma and obstacles because of their criminal record, often long after they have served their sentence.
Liberty challenges injustice, defends freedom and campaigns for everyone in the UK to be treated fairly, with dignity and respect. We’re an independent membership organisation, and our principles are guided by evidence and expertise – not political agenda, profit or popular opinion. We use our voice in courtrooms, in the news, on the streets and in politics to demand and deliver lasting change to benefit the many and most vulnerable. Since 1934 we’ve inspired and empowered people to defend their rights, and the rights of their family, friends and communities. Join us. Stand up to power.
Just for Kids Law is a UK charity that works with and for children and young people to hold those with power to account and fight for wider reform by providing legal representation and advice, direct advocacy and support, and campaigning to ensure children and young people in the UK have their legal rights and entitlements respected and promoted and their voices heard and valued.
Blog – Join the #FairChecks movement to help get a fresh start for the criminal records system
In the 1960s, when Richard was 16, he was found in possession of a small amount of cannabis. He was prosecuted for possession and given a one-year conditional discharge. As a student a few years later, Richard got into trouble again and was convicted of taking an item of food from a warehouse where he worked stacking shelves. He was given a one-year conditional discharge and put the mistake behind him.
After fifty years of good behaviour, a productive career and many positions of responsibility, Richard believed his record was clear. He was approaching seventy when his son wanted to join a choir and as a dad, Richard needed an enhanced DBS check. He suddenly discovered that the police were still listing his youthful mistakes as criminal convictions. Richard feels he is being punished for things that happened decades ago.
“When you look at this record, it looks dreadful. But I was never really the drug taking thief that it suggests – I was a young person who made a couple of silly mistakes. But it’s harder than you would ever believe to correct the impression this record creates, even though no-one apart from me knows or should care about what happened over forty years ago.”
Because of this “new” old record, Richard had to go through the shame and embarrassment of disclosing a criminal record that was older than some of the panel considering his case. He feels unable to apply for third sector work he would like to do. He believes he is being prevented from contributing to society in a way the justice system never intended.
“I thought that conditional discharges were invented to help people get back on track – but since the invention of the CRB/DBS, people like me are shackled with old records they cannot get deleted. This creates a problem that never goes away. We have lost faith in the capacity of people to learn from their mistakes and to change for the better.”
Around one in six people in England & Wales have a criminal record. Whether it resulted in a prison sentence or a fine, a criminal record can be disclosed on a standard or enhanced criminal record check for the rest of their life. Even a minor criminal history produces lifelong barriers that can block reintegration and participation in society. The vast majority of people won’t have been to prison, and many don’t even realise they still have a criminal record until they apply for a new job or volunteer role that involves a standard or enhanced criminal record check.
People like Richard must declare their convictions if they want to be a traffic warden or taxi driver aged 50. A person can change quickly, particularly when they are young, but their criminal record remains.
Our current criminal records disclosure regime prevents people from achieving their full potential. It can be particularly crippling for employment, with 75% of employers discriminating against applicants because of a criminal record, and 50% of employers saying they would not recruit offenders or ex-offenders. The stigma attached means that if a conviction or caution is revealed, people often don’t get the chance to explain how they have turned their life around.
An increasing number of employers require DBS checks, and we know that many convictions and cautions that are revealed on these checks can be from many years, sometimes decades, ago. For example, research published by Unlock in 2018 showed that in the previous 5 years, over 1 million criminal records that related to offences from more than 30 years ago (when the person involved was between the ages of 10-25) were disclosed on standard or enhanced criminal record checks.
This happens without any good evidence that shows disclosing criminal records makes society safer. What the evidence does show is that time-passed is a key indicator – research from the US academic Karl Hanson shows that after 10 years offence-free (5 years for children), the risk presented by most individuals with a criminal record is not meaningfully different from that of the general population This begs the question why so many convictions from so many years ago keep on being disclosed on DBS checks.
In January 2019, the Supreme Court gave its judgment in an important case that Unlock intervened in. The case focused on the rules that determine what gets disclosed on standard and enhanced DBS checks. The Supreme Court ruled that two aspects of the rules are disproportionate and in breach of Article 8 of the European Convention on Human Rights. The government has yet to properly respond to this ruling.
The inclusion of old and minor offences on DBS checks carried out for employment and volunteering opportunities remains the single biggest issue that people contact Unlock about. This ultimately comes down to the rules (known as ‘filtering’ rules) that determine what gets revealed and what comes off a standard or enhanced check. Working to change the rules has been one of our priority areas for a number of years.
That’s why, together with Transform Justice, Unlock has set up the #FairChecks movement. The #FairChecks movement has been launched to advocate for reform of our outdated criminal records regime. We would like the government to reduce the length of time a record is revealed and remove out of date information from DBS checks. And we are asking MPs to get the government to work out how to do this by launching a major review of the legislation on the disclosure of criminal records. If you are interested in reforming the criminal records system so that everybody can fulfil their potential, visit fairchecks.org.uk where you can join the movement and write to your local MP.
Launch of #FairChecks – A fresh start for the criminal records system
Together with the charity Transform Justice, Unlock has launched the #FairCheck movement to help push for a fresh start for the criminal records system.
Our outdated criminal records regime is holding hundreds of thousands of people back from participating fully in society. Even a minor criminal history can produce lifelong barriers to employment, volunteering, housing and even travelling abroad, many years after people have moved on from their past. The system needs to change.
The #FairChecks movement is calling for the government to launch a major review of the legislation on the disclosure of criminal records to reduce the length of time a record is revealed.
Commenting on the site, Christopher Stacey, co-director of Unlock said:
People who have made mistakes in the past find themselves locked out of jobs and opportunities, unable to fully contribute to society or to achieve their potential because of a criminal record that is effectively a life sentence. Helping people to secure employment, support their families and contribute to the economy is one of the best ways of making communities safer. Yet the law as it stands means people are forced to reveal criminal records to employers and others for many years – sometimes for the rest of their lives.
Unlock is delighted to be partnering with Transform Justice to launch the #FairChecks movement to help push for a major review of the legislation on the disclosure of criminal records. Everyone should have the opportunity to unleash their potential and make a positive contribution to society. Everyone should have the opportunity of a fresh start. The #FairChecks site is a crucial way for people to show their MP that they support reform of the criminal record disclosure system.”
People want to move on from their past but our criminal records disclosure system is a barrier. Transform Justice is pleased to be partnering with Unlock to launch a movement for reform of the system. We know that everybody who has been in trouble with the law should have the opportunity of a fresh start.”
Because it is the government that has to make changes to the law, we need the support of MPs. You can help by getting the support of your local MP. The first step is to use the #FairChecks website to send them a letter letting them know that a fair criminal records system is important to you.
Alongside encouraging individuals to use #FairChecks to write to their MP, we are keen for organisations to be part of this too. We want to encourage organisations to show their public support for #FairChecks through Twitter, other social media and blogs, and please do get in touch with us if your organisation is interested in showing its support in other ways.
Launch of #FairChecks – A fresh start for the criminal records system
Together with the charity Transform Justice, Unlock has launched the #FairChecks movement to help push for a fresh start for the criminal records system.
Our outdated criminal records regime is holding hundreds of thousands of people back from participating fully in society. Even a minor criminal history can produce lifelong barriers to employment, volunteering, housing and even travelling abroad, many years after people have moved on from their past. The system needs to change.
The #FairChecks movement is calling for the government to launch a major review of the legislation on the disclosure of criminal records to reduce the length of time a record is revealed.
Commenting on the site, Christopher Stacey, co-director of Unlock, said:
“People who have made mistakes in the past find themselves locked out of jobs and opportunities, unable to fully contribute to society or to achieve their potential because of a criminal record that is effectively a life sentence. Helping people to secure employment, support their families and contribute to the economy is one of the best ways of making communities safer. Yet the law as it stands means people are forced to reveal criminal records to employers and others for many years – sometimes for the rest of their lives.
“Unlock is delighted to be partnering with Transform Justice to launch the #FairChecks movement to help push for a major review of the legislation on the disclosure of criminal records. Everyone should have the opportunity to unleash their potential and make a positive contribution to society. Everyone should have the opportunity of a fresh start. The #FairChecks site is a crucial way for people to show their MP that they support reform of the criminal record disclosure system.”
“People want to move on from their past but our criminal records disclosure system is a barrier. Transform Justice is pleased to be partnering with Unlock to launch a movement for reform of the system. We know that everybody who has been in trouble with the law should have the opportunity of a fresh start”
How can you help?
Use the #FairChecks site to get the support of your local MP. Because it is the government that has to make changes to the law, we need the support of MPs. You can help by getting the support of your local MP. The first step is to use the #FairChecks website to send them a letter letting them know that a fair criminal records system is important to you.
Share the #FairChecks site on social media. Please tweet a link to the site using the hashtag #FairChecks, share it on Facebook and LinkedIn and highlight it with your networks, directing people to the website www.fairchecks.org.uk.
Support it as an organisation. Alongside encouraging individuals to use #FairChecks to write to their MP, we are keen for organisations to be part of this too. We want to encourage organisations to show their public support for #FairChecks through Twitter, other social media and blogs, and please do get in touch with us if your organisation is interested in showing its support in other ways.
The newsletter provides an update of the news at Unlock in the last three months. It’s sent to everyone who’s on our public mailing list, and we hope it’s a useful way of keeping up to date with what we’ve been up to.
Our priorities for government in 2020 – A fresh start for criminal records
We’ve published our priorities for government in 2020. We are calling on the government to commit to five priorities to bring about a fresh start for law-abiding people with criminal records.
For 20 years Unlock has, as an independent charity, provided a voice and support for people who are facing stigma and obstacles because of their criminal record, often long after they have served their sentence. We believe in a society where people can thrive and are not held back by their past. This means a fair and inclusive society that removes unnecessary barriers and supports the reintegration of law-abiding people with a criminal record. Government has an important role to play in finding solutions so that no one is left behind.
We need a fair justice system – one that gives a second chance to people who have served their time and want to make a fresh start. Helping people with convictions to secure employment, support their families and contribute to the economy is one of the best ways of making communities safer. Yet the law as it stands means people are forced to disclose convictions to employers and others for many years – sometimes for the rest of their lives. While in some cases this will be necessary to protect the public, the current approach does little to make our country safer. Instead people are locked out of jobs and opportunities, unable to contribute to society or to achieve their potential because of a criminal record that is effectively a life sentence.
There are over 11 million people with a criminal record and every year we hear from thousands of people held back unnecessarily – locked out of employment, refused home insurance, excluded from higher education and professional membership.
But 2020 can be one of opportunity: to radically rethink the people who have turned their backs on crime can and should have the opportunity to unleash their potential and make a positive contribution to society.
That’s why we’ve published our priorities for government in 2020. We are calling on the government to commit to five priorities to bring about a fresh start for law-abiding people with criminal records:
Enable a fresh start – Conduct a root and branch review of the criminal record disclosure regime
Ensure a fresh start – Mend the broken DBS filtering rules
Encourage a fresh start – Develop a legislative footing for ‘ban the box’
Energise a fresh start – Incentivise employers to recruit people with convictions
Embed a fresh start – Protect people from post-sentence discrimination
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