Help us wipe DBS checks clean of old/minor criminal records
Help us wipe DBS checks clean of old/minor criminal records
Latest: Nov. 20, 2020
Changes to criminal record filtering rules will take effect on 28th November
The government yesterday confirmed that planned changes to the rules on filtering will come into effect on Saturday 28 November.
After years of campaigning for change, and thanks to those that donated…
We’ve launched this CrowdJustice case page to raise funds and organise support to help us wipe DBS checks clean of old/minor criminal records.
We are intervening in a Supreme Court case in June this year which challenges the government's approach to disclosing old and minor criminal records on standard and enhanced checks issued by the Disclosure and Barring Service (DBS). The government is arguing that the current criminal records disclosure regime is fair. We disagree.
Ever made a mistake when you were younger?
We have all made mistakes and most of us have been fortunate enough not to be held back by them. But, not everyone is so lucky; where past mistakes are made in the sphere of criminal law they can - and do - haunt people for the rest of their lives. This can be the case even if the outcome at the time was just a ‘slap on the wrist’ from the police, such as a warning or a caution.
Take Michael (not his real name). When he was 17, Michael was convicted of theft of a coat from a market stall. He was fined £30. Ten months later, 23 days after turning 18, he was convicted of stealing a motor cycle and driving without insurance. He was fined £50 and sentenced to 24 hours at an attendance centre. That was 36 years ago; he’s come a long way since then. He’s now in his fifties. However, Michael’s long-forgotten past has come back to haunt him and he’s concerned about his work as a finance director. He could lose his job and a career that he’s worked hard for.
Then there’s Anita (not her real name). When she was 11, she was playing with a lighter in the girls’ bathroom at school and set a toilet roll alight causing around £100 of damage. She was arrested for Arson and told that the reprimand she was given would come off her record when she turned 19. Then after months of being bullied in secondary school, she was involved in a fight. She and the other pupil were both arrested for Actual Bodily Harm. She was encouraged by the police to accept a reprimand rather than challenge it in court and was told it would come off her record in five years. Now nearly in her thirties, she’s a qualified English teacher. However, not only was her record not removed like she was told it would be, but her two reprimands come up on enhanced DBS checks and will do under the current DBS rules for the rest of her life. The hopelessness of trying to find work has led her to working abroad and to bouts of depression and anxiety.
Under the current system, Michael & Anita’s criminal record will be disclosed for the rest of their lives. That’s what we’re trying to change.
Who are we?
Unlock is an independent charity that stands up for people in England & Wales who are trying to get on in life but find that their lives are blighted because they are anchored to mistakes they made when they were younger that resulted in them receiving a criminal record.
Our advocacy work is led by our co-director, Christopher Stacey, and we’re working with Bindmans LLP and barristers from Doughty Street Chambers (Caoilfhionn Gallagher QC and Jesse Nicholls) on this case.
The case
In June 2018, the Supreme Court will hear the appeal of the Government which is arguing that their current approach to disclosing old and minor cautions and convictions on standard and enhanced criminal record checks, often decades later, is fair. We disagree. And so did the High Court when in January 2016 it ruled that the current system is unlawful. Appealing against the ruling, the Government lost again at Court of Appeal in May 2017. The Government is now taking the case to the Supreme Court.
We are raising money to intervene in the Supreme Court.
Unlock has been granted permission by the Supreme Court to intervene in the case. We want to put forward strong arguments on behalf of everyone who is unfairly affected by the criminal records disclosure regime because of its blunt rules which result in, for example, indefinite disclosure in all cases where someone was convicted of more than one offence, no matter how old or minor those offences were. Intervening will help us to make sure that the Supreme Court understands the importance of the issue, the failings of the current system, and how it could be changed for the better.
So we’re raising money now to pay for the legal costs that will help us to do this.
This is the first time in our 18-year history that Unlock has intervened in a legal case. That shows how important we think this case is.
What are we trying to achieve?
If we win, the Government will have to change the system of disclosing old and minor criminal records. This will give many thousands of people every year a fairer opportunity in applying for work or volunteering without the stigma and shame of having to disclose a mistake that they might have made decades earlier.
But we need your support!
We all probably know somebody who did something wrong when they were younger. But they shouldn’t be punished for the rest of lives for it.
It is time to stand up for people who are often silenced through the shame and stigma of their past.
We need your help to make that happen. Please contribute whatever you can to help fund this vital case, and please share this page with family, friends and colleagues.
How much we are raising and why?
Our first target of £6,000 will cover the work our legal team have done to get us to this point. Our stretch target will pay for the costs of preparing evidence and legal submissions.
Why is this important?
Since the Criminal Records Bureau (now the Disclosure and Barring Service, DBS) began in 2002, the number of jobs and volunteer roles that require a standard or enhanced check has grown significantly. In 2002, there were around 1.3 million checks. In 2015/16, there were over 4.2 million – an increase of over 300%.
Cautions and convictions are disclosed on these checks, even when they have become spent under the Rehabilitation of Offenders Act 1974. This is a problem for very many people; in 2015/16, more than 241,000 people had a caution or conviction included on an official disclosure from the DBS. In the last 5 years alone, nearly half a million childhood convictions were disclosed that were from over 30 years ago from when the person was under 18. This represents almost half of all childhood convictions disclosed. Hundreds of thousands of people are being affected well into their 40’s as a result of mistakes they made when they were a child.
A criminal record that someone gets in their youth can, in effect, be a life sentence. Due to shame and embarrassment about their earlier transgressions people will often avoid jobs which require criminal record checks. Also, employers regularly look for ‘clean’ records as part of their recruitment process meaning that even the most minor offences can rule people out.
That’s why we think the system needs to change.
It is time to stand up for people who are often silenced through the shame and stigma of their past.
We need your help to make that happen. Please contribute whatever you can to help fund this vital case, and please share this page with family, friends and colleagues.
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Unlock - for people with convictions
Nov. 20, 2020
Changes to criminal record filtering rules will take effect on 28th November
The government yesterday confirmed that planned changes to the rules on filtering will come into effect on Saturday 28 November.
After years of campaigning for change, and thanks to those that donated to support our legal intervention, and after many months of holding the government to account on the implementation of the changes, the news was confirmed in a letter to Unlock from the Home Office on Wednesday.
We're really proud of the many months and years of hard work by Unlock and other organisations that have made this possible. We know that many of you have been waiting to hear this announcement, so we wanted to make sure you were the first to know.
The changes are simple; for jobs and voluntary roles that involve a standard or enhanced criminal record check issued by the Disclosure and Barring Service, childhood cautions will no longer be disclosed, and a rule that meant someone with more than one conviction had all their convictions disclosed, regardless of offence or length of time, has been abolished. For people who have been held back from employment and volunteering to help others because of mistakes they made years ago, the impact will be life changing.
According to Home Office data, these changes will mean around 45,000 people a year will now have a clear standard or enhanced DBS check. One in five people who under the old rules would have had their criminal records disclosed, will now have a clear certificate. Clearly this shows that we still have a long way to go; we hope to see further reforms that allow more people to leave their past behind.
Christopher Stacey, Co-director of Unlock, said: “It shouldn’t have needed individuals to bring legal challenges against the government, who fought the case all the way to the highest court in the land, but I am proud that Unlock played a crucial role over the last seven years, working with other charities, to make sure this moment came. The changes coming in on 28 November are a crucial first step towards achieving a fair system that takes a more balanced approach towards disclosing criminal records.
“However, we are still left with a criminal records system where many people with old and minor criminal records are shut out of jobs that they are qualified to do. We found that over a five year period, 380,000 checks contained childhood convictions, with 2,795 checks including convictions from children aged just ten. Many of these childhood convictions will continue to be disclosed despite these changes. Reviews by the Law Commission, Justice Select Committee, former Chair of the Youth Justice Board Charlie Taylor and David Lammy MP have all stressed the need to look at the wider disclosure system. The government’s plan for jobs should include a wider review of the criminal records disclosure system to ensure all law-abiding people with criminal records are able to move on into employment and contribute to our economic recovery.”
It is important that both individuals with a criminal record and employers understand the impact of these changes. That’s why we’ll be publishing updated guidance for both individuals and employers.
Unlock - for people with convictions
July 9, 2020
Government finally responds to Supreme Court ruling with plans to change crimina
It's been over 18 months since the Supreme Court ruled that two aspects of the criminal records disclosure scheme are disproportionate.
Today, the government has responded to Supreme Court ruling with plans to change criminal records disclosure regime.
Unlock - for people with convictions
Jan. 25, 2019
Supreme Court to issue judgment on landmark criminal records disclosure regime c
On Wednesday 30th January at 9.45am, the Supreme Court will hand down its judgement in the case. Find out more details on our website.
Unlock - for people with convictions
June 20, 2018
Court hears the case - Only nine days left to support our campaign
Thank you to all 496 people who have donated so far to our crowdfunding campaign. We’ve now made it past our £15,000 target to cover our legal costs for intervening, which is amazing news.
With only nine days left, we really need your help to make our next target of £20,000. If we can reach this, we will be able to cover the costs of Unlock intervening in the case and then make sure that the government takes action when the judgment is delivered.
This will take our time and resources over the coming months – crucial if we are to make most of the opportunity and get the best possible outcome for people with old and minor criminal records. We really need your support to do this!
Please help us by:
- Donating whatever you can - https://www.crowdjustice.com/case/clean-slate/
- Emailing five of your friends asking them to pledge to our case
- Post a link to Facebook asking your friends to pledge (see link below)
- Tweet in support (see link below)
Here's a sample message that you can edit and use on social media:
I'm supporting @unlockcharity to challenge the government's criminal record disclosure rules and wipe DBS checks clean of old & minor criminal records. They're raising funds to support their campaign. Help them reach their £20,000 target by donating now: https://www.crowdjustice.com/case/clean-slate/.
Thank you to everyone that has supported us so far.
Unlock - for people with convictions
June 18, 2018
Landmark case on criminal records disclosure regime reaches Supreme Court
This week is a big one for our campaign to wipe DBS checks clean of old and minor criminal records!
The Supreme Court will tomorrow hear the Government’s appeal in a long running case that Unlock has intervened in.
The Government is arguing that their current approach to disclosing old and minor cautions and convictions on standard and enhanced criminal record checks, often decades later, is fair. We disagree. And so did the High Court when in January 2016 it ruled that the current system is unlawful. Appealing against the ruling, the Government lost again at Court of Appeal in May 2017. The Government is now taking the case to the Supreme Court. The hearing will run from Tuesday 19 to Thursday 21 June 2018.
Unlock has intervened in the case to help to make sure that the Supreme Court understands the importance of the issue, the failings of the current system, and how it could be changed for the better. This is a first for Unlock; it is the first time we have acted as an intervener before the courts, reflecting the importance of this issue and these appeals.
We’ve put forward strong arguments on behalf of people who are unfairly affected by the criminal records disclosure regime because of its blunt rules which result in, for example, indefinite disclosure in all cases where someone was convicted of more than one offence, no matter how old or minor those offences were.
However, we still need support for our campaign. Our crowdfunding campaign is still open - and we're so close to our £15,000 target. If we can smash this target, it will cover the costs of our legal team and Unlock and help us to be ready to make sure that, when the judgment is delivered, we can make the most of the opportunity and get the best possible outcome for people with old and minor criminal records.
So please do all you can to support our campaign. You can donate now here - https://www.crowdjustice.com/case/clean-slate/ - and you can also share the donation page with those you think might be able to support the campaign.
There's also a full press release, that we've published today ahead of the hearing tomorrow, on our website - http://www.unlock.org.uk/landmark-case-on-disproportionate-criminal-records-disclosure-regime-reaches-supreme-court/
Thank you again for all your support.
Best wishes,
Christopher Stacey, Co-director, Unlock
Unlock - for people with convictions
June 4, 2018
We've extended the target and date
Thank you all 411 people who have donated so far to our crowdfunding campaign. We’ve now made it past our main target of £12,000, which is amazing news.
We now really need your help to make our next target of £15,000. If we can do this, we will cover the costs of the legal team and Unlock and be ready to make sure that, when the judgment is delivered, we can make the most of the opportunity and get the best possible outcome for people with old and minor criminal records.
The case is listed in the Supreme Court for Tuesday June 19th (for 3 days) and we’ve extended the length of this crowdfunding campaign so that it covers the time that the case will be in court. There’s more details on the hearing itself on our website - http://www.unlock.org.uk/supreme-court-hearing/
So, please help us by:
- Donating whatever you can - https://www.crowdjustice.com/case/clean-slate/
- Emailing five of your friends asking them to pledge to our case
- Post a link to Facebook asking your friends to pledge
- Tweet in support
Here's a sample message that you can edit and use on social media:
I'm supporting @unlockcharity to challenge the government's criminal record disclosure rules and wipe DBS checks clean of old & minor criminal records. They're raising funds to cover their legal costs. Help them reach their £15,000 target by donating now: https://www.crowdjustice.com/case/clean-slate/
Thank you to everyone that has supported us so far.
Unlock - for people with convictions
May 22, 2018
We've got a court date - Help us smash our target
Thank you all 354 people who have donated so far to our crowdfunding campaign to help us wipe DBS checks clean of old and minor criminal records.
Because of you, we've not only made it past our initial target, but we're only about £800 away from reaching our next target £12,000.
We really need your help for this last stage because we have a date for the court hearing. The case is listed in the Supreme Court for Tuesday June 19th and will be spread over 3 days. We’ll keep you up-to-date with news of all the developments on our website in the coming days.
Please help us smash our target of £12,000. If we can do this, we will cover the costs of the legal team and Unlock and be ready to make sure that, when the judgment is delivered, we can make the most of the opportunity and get the best possible outcome for people with old and minor criminal records.
So, with only 8 days remaining on our crowdfunding appeal, please help us by:
- Donating again if you can - https://www.crowdjustice.com/case/clean-slate/
- Emailing five of your friends asking them to pledge to our case
- Post a link to Facebook asking your friends to pledge
- Tweet in support
Here's a sample message that you can edit and use on social media:
Help @unlockcharity smash their £12,000 target by donating to help them to wipe DBS checks clean of old and minor criminal records. Donate now here: https://www.crowdjustice.com/case/clean-slate/
Thank you for your support.
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