UNLOCK e-newsletter – December 2010

Welcome to December 2010’s e-newsletter. UNLOCK currently have 5,323 members, and this email is sent to every UNLOCK member who has provided us with an email address. If you have any suggestions for content, would like to make any submissions, or would like to make a comment on the UNLOCK e-newsletter, contact chris.stacey@unlock.org.uk. Any submissions must be received by the 25th of the month. You are more than welcome to pass this email on to others who you think may find it useful. We’ve added a pdf version of the e-newsletter, so that you can print it and share it if you wish. If you have received the e-newsletter indirectly and find it useful, please sign up to receive directly by joining UNLOCK as a member, free of charge. This will guarantee that you receive it and will allow us to know who the e-newsletter is reaching.

In this month’s e-newsletter A round-up of December

UNLOCK News - Christmas Appeal from Bobby Cummines, Chief Executive

UNLOCK Event - Criminal Records Review – Meeting between UNLOCK members and Sunita Mason

UNLOCK Publication – Submission to the Criminal Records Review – Phase 1

External News – Ministry of Justice publish Green Paper Breaking the Cycle, which includes reform of the Rehabilitation of Offenders Act 1974

Internal Opportunity – How would you change the Rehabilitation of Offenders Act 1974? We want your thoughts...

Internal Opportunity - Media story on Illegal CRB checks – We need your help!

Internal Opportunity - We want your views on difficulties becoming self-employed or setting up your own business

UNLOCK Publication – Joint position statement on Consumer Insurance Law Reform Useful information & advice

Information & Advice - Civil recovery

External Opportunity - Trustee vacancies at Nacro – Closing date TODAY! What’s being discussed on the Member’s Forum Other News (selected from UNLOCK’s delicious page)

A round-up of December Back to top

This section looks to cover some of the developments over the last month, both in our own work but also in other areas, as well as detailing opportunities (both with UNLOCK and with others) which members may be interested in. DON’T FORGET – You can keep up to date with developments at UNLOCK by following our Twitter page, become a fan of UNLOCK’s Facebook page or sign up to our delicious updates (via RSS feed)

UNLOCK News - Christmas Appeal from Bobby Cummines, Chief Executive Dear Members, As we approach the festive season I am writing to ask that you might take a moment or two to consider how you can help UNLOCK to continue to provide a very unique and special service. Many charities these days receive thousands, if not millions of pounds, to deliver government services. Whilst this means that those charities grow and expand, it also means that they tend to do just what they’re paid to do and no more. That’s often when people get referred to us! UNLOCK isn’t like most other charities; we tackle the problems that others do not. Problems that take time and persistence to solve so that they make a difference to the lives of many people, not just a lucky few, now and in the future – like insurance for people with criminal convictions. UNLOCK is independent. Our services and membership are free to all. Being able to carry out our work relies mostly on the generosity of charitable trusts – appeals to the general public attract little support! I am appealing to you today therefore to ask if you would make a donation to help us to continue in our valuable work. Whatever you can afford to give, however small, would be gratefully received. The simplest way to make your donation is through the UNLOCK BigGive page. Other ways to donate are available here. Thank you for taking the time to read this. Please help us to continue to help others. Merry Christmas to you all. Best wishes, Bobby Cummines | Chief Executive

UNLOCK Event - Criminal Records Review – Meeting between UNLOCK members and Sunita Mason As part of Sunita Masons review, we were asked by Sunita to bring together a small number of members who would be willing to give their own personal opinions on the issues that they face because of their criminal record. As a result, on the 10th December, we took 6 UNLOCK members to the Home Office to meet with Sunita. This was an opportunity for Sunita to hear the real-life difficulties that people with criminal records face. It was also an opportunity for her to run through her draft recommendations to gain the views from those who would potentially practically benefit (or not, as the case may be) from any changes that come as a result. As you can imagine, the discussion was very interesting. The general consensus was that, whilst some of the areas that had been looked at would make a huge difference to certain individuals, there is a lot more yet to be done to tackle some of the deeper issues that people with convictions face, particularly when seeking employment. Given Sunitas relatively restricted Terms of Reference, and her desire to make a number of quick practical changes that will make a huge difference to some peoples lives, she recognises that her recommendations will not solve all the problems. This is possibly one of the biggest things that Sunita took away from the meeting. However, it was good to see Sunita so keen to hear the views of people who would be affected by the changes, which isn't always the case when it comes to changes that affect people with convictions. Some of the feedback from those who attended is below: "I was really pleased to be able to take part in the panel and meet Sunita, and appreciated being invited along. " "I think the meeting was a good event and would welcome future meetings to air views." "A big thank you, first of all, for setting up today’s meeting. It was great to meet Sunita and hear at first hand what she thinks about the types of issue we raised. She seems a clear-thinking, pragmatic person – and obviously well aware of the absurdities and abuses the present system gives rise to."

UNLOCK Publication – Submission to the Criminal Records Review – Phase 1 As a result of our meetings with Sunita Mason and those supporting her in her review, as well as based on the submissions that we have received from UNLOCK members and the topics that were discussed at the above meeting, we made our submission to the review on the 13th December 2010. This can be downloaded here.

This submission covers a number of areas that form part of our UNLOCKing Employment campaign, including:

Rehabilitation of Offenders Act 1974 (ROA)

Roles/positions eligible for standard and enhanced CRB checks o Positions exempt from the ROA o Positions eligible for enhanced checks

Establishing which roles can undertake CRB checks o Legal checks o Illegal checks

The operation of CRB checks o Portable CRB checks o Other CRB issues

Filtering old/minor convictions from standard and enhanced CRB checks

Including police intelligence on the face of a disclosure

Vetting & Barring Scheme o The scope of the VBS o The role of the ISA o The role of others

We’d welcome the views of members on the proposals we have put forward. Email your thoughts to chris.stacey@unlock.org.uk or post them on the Members’ Forum.

External News – Ministry of Justice publish Green Paper Breaking the Cycle, which includes reform of the Rehabilitation of Offenders Act 1974

On the 7th December, the Ministry of Justice published their plans to reform the way in which individuals are punished, rehabilitated and sentenced. More details on the paper, including links to the documents, can be found here. There is a specific section in the document about reforming the ROA (the text is copied and pasted on our website using the above link. We have provided details on how you can provide your views on the issues covered in the paper, and how we are looking for the views of our members specifically on reform of the ROA. This is something that is also covered below. Whilst we are particularly interested in the reform of the ROA, there is also a lot of discussion about changes to the way that courts, prisons and probation areas will be run, including the ways in which services are paid for and commissioned. If you would like to discuss the areas covered in the paper, we have set up a specific discussion thread on the Members’ Forum.

Internal Opportunity – How would you change the Rehabilitation of Offenders Act 1974? We want your thoughts... We are pleased to see that the Ministry of Justice have included reform of the 1974 Act in the Breaking the Cycle consultation. This is no doubt due in part to the work that UNLOCK and others have been doing to try to raise the profile of the need to address this outdated legislation. As you’ll see on our page about the Green paper, there is a specific section which discusses potential reform of the ROA. As some of you may remember from this time last year, as part of our campaign to reform the ROA we consulted with members about the Rehabilitation of Offenders (Amendment) Bill 2009 which was progressing through the House of Lords at the time. This led to us publish a Briefing Paper for the Second Reading, which looked to incorporate the views of our members into how the amendment would (and wouldn’t) solve the problem for people with convictions. Given that this recent consultation looks to more fundamentally review the way in which legislation can govern the disclosure of criminal records, we have set up a specific consultation for members (and others) to respond to and tell us ways in which they would like the ROA to be changed. In particular, we are keen to get answers to specific questions we feel are important, including: 1. What do you think the main issues are with the current ROA? 2. What model would you propose a future piece of legislation governing the disclosure of criminal records? For example, would you use time periods similar to the current ROA? If so, what time periods would you set, and would you differentiate between offence committed or sentence received? 3. What exemptions should there be to the general rule? How would you decide what roles/positions should be exempt, and how would you prevent them from being open to abuse? 4. Can you provide details of a system that would radically over hall the way that criminal convictions must be disclosed? Details of how to respond are available here. If you have any questions, please email chris.stacey@unlock.org.uk.

Internal Opportunity - Media story on Illegal CRB checks – We need your help! We’ve been in discussions with a journalist who works for the BBC in the South East, and she is looking to do a short-piece in January 2010 on illegal CRB checks. See below more detail on what she is doing. “I am a journalist for the BBC and I'm currently working on a story about illegal CRB checks in the public sector. From the Freedom of Information requests I've submitted I've discovered that many local borough and town councils in the south east of England are carrying out unlawful checks. My

report looks at why by carrying out indiscriminate CRB checks, public bodies are breaking the law. I believe this is a very different angle from the usual press coverage CRB checks receive. It is not about perceived infringements of civil liberties but about how illegal CRB checks undermine the Rehabilitation of Offenders Act. I plan on speaking to employment lawyers, UNLOCK and local borough councils. I will also look at speaking to the Home Office who are currently carrying out reviews into the Criminal Records Bureau. I think this is an incredibly important story to tell, however it loses its impact if it doesn't get the viewpoint of someone who has been effected by illegal CRB checks. With one in every four of the working population holding a standard conviction, unlawful CRB checks affect a vast majority of people; my problem is making people care about that. I need to be able to show the audience that the practice of indiscriminate CRB checks has a significant impact on a huge number people. I would very much like to speak to someone with a spent conviction(s) about illegal CRB checks. Ideally I would like to speak to someone who has applied for a public sector job (preferably in Kent and East Sussex) and has been CRB checked illegally. The very nature of this story means people are, understandably, anxious about talking to the press and although I would like to speak to someone on camera I would be happy to disguise voices and faces if it was necessary. I am looking to film this piece in January.” If you are interested in taking part, please email chris.stacey@unlock.org.uk with details of your conviction(s) (including date and sentence), the position that you have previously applied for, details of how the CRB check was undertaken and what the result was, and a contact email address and telephone number for you. Please also make it clear whether you wish your personal details to remain anonymous. We will forward responses that we receive to the BBC for them to get in touch if appropriate. Thanks for your help!

Internal Opportunity - We want your views on difficulties becoming self-employed or setting up your own business We’d be interested to hear from you about becoming self-employed or setting up your own business if you have a criminal record. The reason for this isn’t because it is linked to a specific project, but more because there is a lot of talk in certain circles about getting people into employment, and also getting people into self-employment, particularly those with criminal convictions. A number of months ago we were invited to speak at an event held by the Department for Business, Innovation & Skills (BIS) about self-employment as a route for people with convictions, as they were developing their offer to the Department for Work and Pensions Work Programme. However, there are a number of training courses now being delivered both in prisons and probation areas, some that are specifically created by criminal justice organisations, and some that are to a general audience. We’re keen to get input from people who have experience of self-employment with a criminal record.

We’ve started a threat on the Members’ Forum. which includes a number of questions. We'd also be interested in hearing from those who have either: (a) tried to become self-employed but failed because of previous convictions (if so, please detail reasons) (b) successfully set up their own business or become self-employment (if so, please detail if you received help from a specific organisation, and what you went on to do) If you have any questions, please email chris.stacey@unlock.org.uk.

UNLOCK Publication – Joint position statement on Consumer Insurance Law Reform This month we have published a joint position statement, in partnership with a number of organisations, including Age UK, Consumer Focus and Which?, who are all pushing for a change in the law regarding insurance. This was in support of a presentation to a meeting of the All Party Parliamentary Group on Insurance and Financial Services on the need for consumer insurance law reform, and in particular the need to remove the obligation to disclose 'material facts' when not asked a specific question. More detail about our UNLOCKing Insurance work can be viewed here. Two recent articles published on this topic are linked to below: David Herzell (2010) - What Happens Once the Ink is Dry? Claims and the Parties’ Post-Contractual Duties He sets out some of the problems with the existing law underpinning insurance contracts, and discusses some solutions to clarify the insurer and policyholder responsibilities especially after the contract is signed. Peter Tyldesley (2010) - Insurance Contract Law Reform: Bringing the Underpinning Law into the Twenty-First Century He examines the problems with English Law regarding the treatment of insurance contracts, and shows that much of the problem stems from trying to underpin a twenty-first century insurance market with law written in Georgian times. He summarises recent steps taken by the Law Commission of England & Wales and discusses some of the their implications.

A roundup of UNLOCK’s work in the Media

Response to Breaking the Cycle – BBC Radio Kent (covering the whole South East), 7th

December Breaking the cycle – CXO Europe, December

The Recovery Special looks at how ex-offenders – long excluded from the workplace due to stringent employment regulations – can offer a boon for the economy, so long as they are finally given a chance by society. Ian Clover investigates, including interview with Bobby Cummines

Useful Information & Advice Back to top

You will find below details of some of the changes that we have made to the Information & Advice section this month. This is often as a result of either new developments, or as a result of individual cases that we have learnt from, so that people with convictions are aware of the situations that may affect them.

Information & Advice - Civil recovery The process of 'civil recovery' has come under the spotlight in recent years, particularly as a result of the large amount of work that Citizens Advice have done in highlighting the unscrupulous activities of a number of civil recovery 'companies' who seek money from individuals who are alleged to have committed a criminal offence, such as theft/shoplifting, from one of their clients. Citizens Advice have published a detailed document, Uncivil Recovery, which details (and criticises) the methods employed by these companies, and questions the legal basis on which they have to make the claims that they often do. We are looking to develop an Information & Advice page on Civil Recovery (currently under construction here). It isn't our intention for this page to be aimed at people alleged to have committed a criminal offence, but rather be focused on how the Civil Recovery regime can potentially affect people who have been convicted in a criminal court of an offence, but then later (or earlier, as is sometimes the case) be pursued by these companies, via civil means, for a financial sum in response to the costs incurred by the company in dealing with the case. If you have any personal experience of being convicted of a criminal offence and then pursued privately for financial recovery by a company or individual, please email chris.stacey@unlock.org.uk.

External Opportunity - Trustee vacancies at Nacro – Closing date TODAY! Coincidentally, only two months after we announced that we were recruiting for new trustees, Nacro have this month announced that they are recruiting for new trustees. These are unpaid positions, but give you the ability to offer strategic direction to a organisation that provides services to people in prison and those with convictions in the community. Nacro have an annual turnover of around £60 million, the majority of which is funding from Government. Details of how to apply, including copies of their application form and monitoring form, as well copies of the job description, person specification and Equality and Diversity policy, are available here. Ex-offenders are included in their Equality and Diversity Policy, so it is hoped that they would welcome applications from people with convictions. Please note: The closing date is today!

What’s being discussed on the Members’ Forum Back to top We’ve picked out a selection of key themes being discussed on the members’ forum this month. We’ve sought to give quite a good coverage to the topics discussed this month, but the list below isn’t exhaustive of the contributions made to the forum this month. You can contribute to each of the discussions by clicking the relevant links or visit forum.unlock.org.uk for a full list of topics previously discussed.

“Information Gathering by Employment Agencies” – Roly opens up a discussion about the operations of employment agencies, and the way in which they ask about convictions and demand copies of CRB checks for positions not eligible for it.

“Difficulties setting up a business or becoming self-employed” – As mentioned earlier in the e-newsletter, we’ve started this discussion to get peoples thoughts on the issues around self-employment

“Want to work as Delivery Driver, but no one insures me” – jimmy talks about the difficulties in getting insurance to become a self-employed delivery driver.

“A slightly odd one. What is the best training to educate against this prejudice........” – this is an interesting discussion about how to overcome the prejudice that people with convictions face, and what the best ways are to achieving change.

You can view the forum at forum.unlock.org.uk. If you are receiving this e-newsletter direct then you are already a member of UNLOCK. You can login to the forum here, where there is an option if you have forgotten your login information. However, if you are a member but are not yet registered with the forum, you can do so here, entering your membership number. If you cannot remember your membership number, email chris.stacey@unlock.org.uk. If you are not yet a member of UNLOCK, you can join at www.unlock.org.uk.

Other News (selected from UNLOCK’s delicious page) Back to top

Below you’ll find a selection of relevant news that we have posed on our delicious page over the last month. You can receive updates by using RSS feeds.

16th - Get ex-offenders on board with Clarke's radical prison plans – The Guardian

16th - Sex offenders including paedophiles should be allowed to adopt, Theresa May told – Telegraph

13th - Security firms demand £100-plus 'fines' from alleged shoplifters - The Guardian

13th - GMC publishes plans to revamp fitness to practise hearings – Pulse

13th - Cheryl Cole's assault conviction could stop her becoming US X Factor judge - Mail Online

13th - Former Prison Service boss Phil Wheatley to work for private security firm - The Observer

7th - Prison system failing to tackle reoffending, says Ken Clarke – The Guardian

7th – When is offender not an offender? – BBC News

6th - Majid Ahmed - Struggles getting into Medical School with a spent conviction – Student BMJ Archive

Sent to you by Christopher Stacey LLB LLM | Information & Advice Manager Back to top Notes

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