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For people with criminal records
For people with criminal records

Category: Projects

Criminal record disclosure training endorsed by the Probation Institute

We’re delighted to announce that Unlock’s criminal record disclosure training has been endorsed by the Probation Institute. It also means that we’re now a Probation Institute Endorsed Learning Provider.

Commenting on the news, Christopher Stacey, Co-director of Unlock, said:

“Those working in the probation sector are one of the key audiences for our criminal record disclosure training. We know that, historically, probation officers have had very little training on supporting their clients with the complex laws around criminal records and how to practically deal with disclosing their criminal record to employers and others.”

 

“The main reason we deliver training to probation providers and other organisations that deliver front-line services is so that we improve the quality of the support provided to people with convictions. We know from the feedback that we get that the training is high-quality and relevant to probation providers. We hope that this endorsement process will enable us to work with more probation services to help them to more effectively support their clients with the disclosure of their criminal records.”

 

Savas Hadjipavlou, Chief Executive of the Probation Institute, said:

“We are very pleased that the partnership between Unlock and the Probation Institute announced last October is producing results and particularly delighted that Unlock has become a Probation Institute Endorsed Learning Provider. Our endorsement arrangements support those working in probation enabling access to relevant and high quality training that can contribute to their continuing professional development”

 

More information

  1. You can find out more about our criminal record disclosure training
  2. This news has also been posted on the Probation Institute’s website
  3. You can find out more about the Probation Institute Learning Provider Endorsement Scheme
  4. Press/media enquiries

New research into impact of childhood criminal records and launch of campaign

 

 

 

 

 

 

 

A child who has offended in England and Wales is shackled to the mistakes of their past by a criminal record system which is punitive, and holds them back from reaching their full potential, according to a report released today by the Standing Committee for Youth Justice (SCYJ).

The report, which reviews criminal record systems in over a dozen countries, finds England and Wales to be an outlier in the extent to which it ties children to past offending.

“A child in England and Wales is not only more likely to acquire a criminal record, but this record will affect them for longer, and more profoundly, than in any of the countries reviewed”

said Penelope Gibbs, Chair of the SCYJ.

“A child who has shoplifted a couple of times will suffer the disproportionate penalty of not only having the offences recorded for life, but also having to disclose it at key points – such as entering university or applying for certain jobs, such as a teacher, or a police officer. No other country reviewed inflicts such tough penalties on a child who offends.”

The far reaching effects on a child go well beyond their sentence. Children with a criminal record face stigma and discrimination in accessing education, training, employment, travel and housing and these obstacles can follow a child into adulthood impacting adversely on their life chances and their ability to reintegrate positively in to society.

In 2013/14 over 60,000 cautions and convictions – all with criminal record implications – were handed out to children in England and Wales. These records will have to be disclosed for many years, and some forever.

The SCYJ is launching a campaign today calling for radical reform of the law on childhood criminal records. Its recommendations include shorter rehabilitation periods, expanding the current filtering system, and wiping the slate clean after ten years.

Christopher Stacey, Co-director of Unlock, in supporting SCYJ’s campaign for reform, said:

“There are over 10.5 million people in the UK with a criminal record, with the vast majority of these being obtained when people are young. Every day we’re contacted by people who are facing stigma and discrimination because of offences they committed when they were under 18. This directly impacts on children’s chances long into adulthood, often for the rest of their lives.”

 

“Children that commit crime need to be rehabilitated and our youth justice system is supposed to be specifically designed to not impose retributions. However, when it comes to criminal records, the system treats children in a very similar way to adults.”

 

“There are many parts to the criminal record disclosure system that are disproportionate and unnecessary. A specific attempt to ensure that criminal records do not blight the lives of children is long-overdue. That’s why we’re actively supporting the campaign launched today. The recommended changes would result in a fairer and more calibrated system.”

 

More information

  1. More information about the report and campaign can be found on the SCYJ website.
  2. The Standing Committee for Youth Justice (SCYJ) is a membership body, representing over fifty organisations, campaigning for a better youth justice system. They pool the expertise of their members to work on issues surrounding children in trouble with the law. Their work focuses on policy and legislation affecting all aspects of the youth justice system and young people caught up in it – from policing to resettlement.
  3. Unlock is supporting this campaign as part of our policy and campaign work.
  4. More information about Unlock’s policy work on the DBS filtering process.
  5. Unlock press/media enquiries.

News for employers has moved onto our website for employers

As the development of our website for employers continues, we’ll no longer be posting news specifically for employers on the main Unlock website. Instead, we’ll be posting directly onto the news section Recruit!, our website for employers.

You can continue to find the news about our Fair Access to Employment project on this site, and there will be occasions where similar posts will appear on both sites where the news relates to both employers and other groups.

As always, to receive any or all of our news updates direct to your email inbox just sign up to our mailing list.

Got a criminal record? Ever had difficulties finding employment?

 

 

 

 

 

 

 

If so, we want to hear from you – find out more here!

The Centre for Entrepreneurs and Unlock are working together to better understand the role of entrepreneurship in supporting people with criminal records. We know that finding employment with a criminal record can be a struggle, and we are interested in exploring whether starting a business is a viable alternative.

Find out more here

Breakthrough or cosmetic? Prime Minister supports ‘banning the box’

Quite understandably, David Cameron’s speech on Monday was applauded for being the first one dedicated to prison reform by a Prime Minister in over 20 years. Interestingly though, as he set out his ‘agenda for a revolution in the prison system’, one of the things that caught Unlock’s attention appeared towards the end of his speech and was not, strictly speaking, about prisons.

It was about people with criminal records applying for jobs, and the difficulties they face because of the stigma of their record.

“There’s a simple problem: today, ex-offenders are often rejected for jobs out right because of their past. I want us to build a country where the shame of prior convictions doesn’t necessarily hold them back from working and providing for their families.”
David Cameron

The Prime Minister was addressing a major social problem that affects more than the 85,000 people in prison. There are over 10 million people in the UK with a criminal record.

When you last applied for a job, can you remember whether there were boxes on the application form that you quickly ticked ‘No’ to? Well, what happens if you happen to have to tick ‘Yes’ to one? This is a concern that millions of people with criminal convictions have because many employers still continue to ask about criminal records, and ticking that box often leads to your application being put in the bin.

That’s why I welcome David Cameron’s announcement that he supports the Ban the Box campaign, with the commitment that all of the civil service would be ‘banning the box’ from their initial recruitment process.

The Ban the Box campaign, led by Business in the Community and supported by Unlock, started in America. In the two years since it was launched in the UK, 58 employers with a combined workforce of 425,000 have banned the box. This helps employers to access a huge talent pool of people that are often put off from applying due to the tick-box. It also gives people with convictions a chance to enter work – significantly reducing their likelihood of re-offending.

The civil service is one of the country’s biggest employers, so this news is a welcome boost to the employment prospects of the millions of people with a criminal record. However, in a blog post on the GOV website, Robert McNeil, the chief people officer of the Civil Service, set out some details to their approach which raises a couple of questions.

First, what jobs will it apply to? Mr McNeill says: “We recognise there may be some roles with specific security requirements and these will be exempt from this approach: for example roles in law enforcement such as prison officers.” This is unnecessary. There’s no reason why any role should be closed off to banning the box.

To suggest otherwise misunderstands the concept. It’s not about not asking about convictions; instead, it’s about when. Take the example of prison officers. Yes, they require security clearance, but this doesn’t take place at the initial application process. For regulated activity roles working with children, it might be appropriate to check that the person isn’t barred, given that those that are barred would not be legally able to be employed in the role, but that doesn’t mean asking a broad question about criminal records. Only around 0.5% of people with convictions are barred from working with children, so this wouldn’t act as a barrier for the vast majority.

Second, instead of asking on the application form, when will they ask? In his speech, David Cameron gave two potential options: ‘Might this be done a bit later, at interview stage or before an actual offer of work is made?’ he said. Mr McNeill says: ‘The Civil Service will still ask about criminal convictions during the recruitment process, but we will do this after the initial application form stage.’

Unlock suggests that employers ask after a conditional job offer is made. Employers only need to consider the criminal record of the person they decide is the best person the job.

Change of culture
These questions are important to the integrity of the ‘ban the box’ movement. Employers that have signed up so far have genuinely changed their recruitment process, and it’s been more than just about banning the box. If it’s not done right, there’s a risk that people simply get rejected further down the line.

There has to be a change of culture. Banning the box is an important practical change to a recruitment process, but it needs to be alongside a package of changes. In our work with employers, we work on a number of principles that together set employers up for a fairer and more inclusive recruitment policy and practice.

The announcement is, we hope, just the start of a process that moves the Civil Service towards being an employer that recruits people with convictions and treats criminal records fairly. With the Government’s endorsement, we hope many more employers will join the campaign and develop recruitment policies that consider whether an applicant is the best person for the job before looking at their criminal record.

Useful links

  1. This article was originally published on The Justice Gap.
  2. For more information on Ban the Box, click here.
  3. For more information on Unlock’s Fair Access to Employment project, click here.

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.

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”.

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

 

New employer guide to creating a fair recruitment process, marking two years of Ban the Box

Two years on since the launch of the Ban the Box campaign, Business in the Community (BITC), who lead the campaign, have marked the anniversary by launching a free step-by-step guide to creating a fair recruitment process in dealing with criminal records.

We’ve endorsed the campaign since it launched in October 2013 in response to widespread discrimination against people with convictions, and have helped to support the campaign alongside others. So far, 50 employers with a combined workforce of over 400,000 have banned the tick box from their job applications forms and now assess candidates based on their skills first, not their past mistakes.

Despite the fact that employment can dramatically reduce re-offending rates and contribute to a safer society, three-quarters of employers use criminal convictions to discriminate against applicants – meaning that millions of job seekers are blocked from employment and the opportunity to put their past behind them. Employers also miss out on a large and diverse talent pool, often as a result of exaggerated fear or misconceptions.

To mark the campaign’s second anniversary, BITC has launched a free step-by-step guide. Featuring case studies from companies that have banned the box, as well as guidance on legal and contractual requirements, this is a useful starting place for any employer looking to provide employment opportunities for people with criminal convictions.

Alongside the guide, they’ve published interesting research which shows that prisoners consider the criminal record tick box to be a major barrier to employment, despite having a qualifications and a strong desire to work. The research shows that while 9 in 10 prisoners surveyed want to find work after leaving prison, only a third of prisoners said they would definitely apply to a job with a tick box. Prisoners surveyed expressed concern and confusion over the tick box on application forms – some unaware of the legal obligation to disclose and many convinced they would not be given a chance to compete for jobs if they ticked the box.

The research shows that the criminal record tick box serves no purpose and it adds more weight behind why employers need to put an end to their archaic recruitment practices, taking steps to ensure they are clear and upfront about how they assess criminal convictions.

This anniversary gives fresh impetus to the campaign, which we’re promoting as part of our project to challenge employment discrimination. I urge you to take the time to read this guide and consider joining the growing number of responsible businesses that are opening up opportunities for people with convictions.

Useful links

You can find out more about our project to challenge employment discrimination here or get in touch with us.

You can find out more about Ban the Box here.

Our approach to employers

As our employment project has begun to gather momentum, we thought it was important to explain our approach to employers as part of this work.

We recently published a specific page which sets this out in more detail, available here.

We’ve also provided more details about how we support employers – this is available here.

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