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For people with criminal records
For people with criminal records

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Blog – The impact of our disclosure calculator and helping the Ministry of Justice to develop one

It’s about a decade since we first started work on developing an online tool to help people work out if they need to tell employers and others about their criminal record.

It was around 2009 when we started to receive an increasing number of calls to our helpline from people wanting to know if – and when – their convictions became ‘spent’ under the Rehabilitation of Offenders Act 1974. This was at a time when the Disclosure and Barring Service didn’t issue basic checks, so it was difficult for people to get this answer from the government. As a small charity with limited resources, and given many people felt uncomfortable ringing up and providing sensitive personal details over the phone, we knew there was a better solution.

The concept was simple – an online tool that worked this out. Ultimately, our aim was that as many people as possible could get instant results online to the question “when does my criminal record become spent”.

In practice, it was a lot more difficult than that. The law is complicated, and so after a lot of hard work, we launched www.disclosurecalculator.org.uk in October 2011, having had a small grant from a foundation to develop it. We were pleased to have Lord McNally, who was the Minister of State for the Ministry of Justice at the time, speak at the launch event. He congratulated Unlock on “achieving what some previously considered impossible”.

It’s been going for over 8 years now, and over 200,000 people have used the calculator in the last 4 years alone. Roughly 55% of users find that all their convictions are spent, with about 40% getting results with some unspent convictions. Perhaps most notably, about 5% of users get a result that means their conviction will remain unspent for the rest of their life.

The calculator itself has been through several phases of development – initially, you had to ‘login’ to use the tool, but we soon realised this was a barrier to use and once we removed this, the number of uses increased significantly. For a long time we also had a way for organisations to set up ‘multiple use’ accounts, because we know many organisations (like probation service providers and employment support organisations) find the tool an important way for their teams to support individuals in working out what they do and don’t need to disclose. This was also an important way for Unlock to cover the costs of maintaining the tool. We also put a lot of time into adjusting the tool in early 2014 so that it was in line with the positive reforms that were made as to when convictions became spent, which came into effect on the 10th March 2014.

We’re pleased that the tool is now fully open to anyone to use. We know that a huge range of organisations – employers, insurers, universities – use the tool, and we know from the feedback that people with criminal records (who remain by far the biggest user group) value being able to use a tool that’s hosted by an independent charity.

We’d never have developed the tool if one like it had already existed, and ever since we launched the tool, we’ve constantly tried to push the government to do more to make sure that people can understand if and when their convictions become spent. We’ve always thought that, while there’s many benefits to an independent charity like Unlock having a tool like this, it’s also important that the government did more to help people with this.

In 2017, the Justice Committee published a report on their inquiry into the disclosure of youth criminal records, which Unlock had been heavily involved in. In the government’s response to this, there was a commitment to “updating guidance for ex-offenders on gov.uk to ensure that it is clear, consistent and easily accessible.”

So we’re pleased that the Ministry of Justice has been developing a tool to help people understand whether they need to disclose their criminal record. They are now seeking feedback on a ‘disclosure checker’, which they’re currently piloting. As it stands, the disclosure checker is far from the finished product – for example, it can only calculate single convictions at the moment and doesn’t cover motoring offences – but we’ve been contributing to its development from an early phase, and we’re continuing to support it so that it can be as effective as possible.

As with using our calculator, it’s important that practitioners, especially those tasked with helping individuals with disclosing criminal records don’t simply use tools like this as a replacement for providing specific information and advice – for example, probation providers have it in their contract to provide one-to-one support on this. So it’s important that practitioners continue to develop the skills and knowledge to be able to sit down and support individuals so that they understand the Rehabilitation of Offenders Act and what it means to them.

There’s also an important question as to what extent a calculator is the right solution. The law is complex, and any calculator is only as good as the information put into it. Unlock doesn’t have access to police records so that was the only way it could run for us, but for the government, who can check police records, there’s an argument that there’s a better approach. Rather than having people work through a tool that relies on the information they put into it, instead the government could simply issue some form of free criminal record check which showed any current unspent convictions (like the current basic DBS check) but then also gave dates for when those convictions will become spent. This would overcome many of the issues that come with an online tool.

Looking back on our calculator, charities like Unlock innovate in spaces like this, but we also recognise our aim – we want as many people as possible to get instant results online to the question “when does my criminal record become spent”. It’s perhaps disappointing that it’s taken the government nearly a decade to get around to doing this themselves, and perhaps there’s a better way for the government to help people find out the answer to this important question. We’ll continue to work the government to try to improve people’s understanding on if and when their criminal record is spent.

More information

  1. We have posted on our hub about the MoJ’s disclosure checker and then at the end there’s an option to provide feedback.
  2. You can use our calculator at disclosurecalculator.org.uk

New trustees appointed to Unlock

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.

Find out more details about our new trustees.

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, Zoë Veater 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.

 

 

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.”

Enver Solomon, CEO of Just for Kids Law, said:

“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.

New tool to help work out if you need to disclose your criminal record

“Do I need to tell them about my criminal record?” That’s one of the most common questions that our helpline receives when people are applying for work or volunteering roles.

But it’s not a question that has a straightforward answer. The starting point is:

You only have to disclose if you’re asked”

But then it can get complicated. If you’re being asked, whether you need to tell them depends on (1) what type of role you’re applying for, and (2) your specific criminal record.

 

So to help with this, we’ve developed a simple tool. This brings together all of the things you need to answer the question “Do I need to tell them about my criminal record?” It also signposts to one of our other tools, our disclosure calculator, where this is needed.

Try out the tool

Let us know what you think!

As this is a new tool, we’re keen to get feedback. Is it useful? Could it be improved? Email us your thoughts to feedback@unlock.org.uk.

More information

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 #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.”

Penelope Gibbs, director of Transform Justice, said:

“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.

 

For more information about #FairChecks, visit unlock.devchd.com/fairchecks

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:

  1. Enable a fresh start – Conduct a root and branch review of the criminal record disclosure regime
  2. Ensure a fresh start – Mend the broken DBS filtering rules
  3. Encourage a fresh start – Develop a legislative footing for ‘ban the box’
  4. Energise a fresh start – Incentivise employers to recruit people with convictions
  5. Embed a fresh start – Protect people from post-sentence discrimination

You can find out more about our priorities for government and download a detailed version of our priorities here.

We’ve updated our recruitment policy for applicants with a criminal record

As a charity set up by people with criminal records, Unlock is committed to fair recruitment and the inclusion of people with lived experience of the criminal justice system.

Our recruitment policy has helped us do that but we believe every organisation should regularly review their policies and practices to make sure they’re as effective as they can be.

We wanted to make sure our approach reflects the advice and guidance we provide to other employers as part of our employment project. That’s why we’ve reviewed our ‘Applicants with a criminal record policy’ and made some improvements, in particular more detail on if, what, when and why we ask about criminal records for different roles.

It is essential that people do not face unfair discrimination in any role within the charity, whether paid or voluntary. For that reason, we do not use criminal records to exclude people. We only ask about criminal records if they are relevant to the role. These include peer delivered roles and those where there is a regulatory requirement to ask.

For peer delivered roles, having a criminal record is a requirement. In this context, we are looking for individuals who have received a conviction or caution for a criminal offence. Where this applies, it will be made clear in the vacancy details, and applicants will be expected to discuss this at interview as it forms part of the ‘experience’ we are looking for as part of the particular role.

Regulatory requirements mean certain senior roles and trustee positions may require disclosure depending on the individual’s circumstances.

We do not have any blanket bans on offence types; the purpose of any disclosure is to support applicants to show they have the relevant experience to be able to deliver the role. We will not look to exclude an applicant because of a criminal record.

We hope that sharing our updated policy will also encourage other organisations working in the criminal justice sector to think about their own approach to actively involving people with criminal records.

Download: Applicants with a criminal record policy

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