UNLOCK is an independent charity that was setup by reformed offenders with the vision of achieving equality for reformed offenders. Their objectives include aiding those leaving prison with the information and support they require for life on the outside, whilst trying to create a better public opinion of reformed offenders so that they integrate back into society and lead crime free lives without the prejudices that they currently encounter.
Following our work with UNLOCK on Insurance and Convictions: A Detailed Guide for Consumers, we have been fortunate enough to interview Julie Harmsworth, the Deputy Chief Executive and Directory of Policy and Research of UNLOCK.
What do you find are the biggest obstacles and prejudices that offenders face when leaving prison, or having been charged with a criminal conviction?
Different prison leavers have different needs – it depends on their age, offending history, employment history, mental and physical health, length of time spent in prison, family support, accommodation etcetera. What they have in common is that they face prejudice, discrimination and thereby social exclusion when seeking to put their lives in order and live lawfully.
Their first challenge for many is to survive on a single prison discharge grant of less than £50, sometime for several weeks before they can get a job or receive benefits. Who of us could live on that?
Getting employment is central to not re-offending but it is also one of the most challenging problems a former prisoner faces. Accessing financial services such as opening a bank account and getting insurance are also important and these too are areas of exclusion and discrimination. Our recent report Time is Money, published in partnership with the Prison Reform Trust, evidences the financial exclusion which people inside and leaving prison face.
Everyone with a criminal conviction, from a prison sentence to a fine or even an absolute discharge, is subject to the Rehabilitation of Offenders Act 1974 and it is this Act that determines how long people have to disclose their criminal past in certain circumstances. This is forever for anyone who is sentenced to more than two-and-a-half years in prison, regardless of how long the person actually served.
Employers are very often reluctant to take on a person who has a criminal record even though the job role may be unrelated to the crime committed. Plus, many jobs simply aren’t open to anyone with a criminal conviction because they are excluded from the Act by the Exceptions Act 1975. Insurers in the main won’t provide cover for households in which a person with an unspent conviction (not subject to disclosure under the ROA) lives.
The media often portray all prisoners as being ‘untouchables’ – too risky and dangerous to employ or even engage constructively with. Once a criminal, always a criminal. The truth is that most prisoners are not rapists, murderers and paedophiles as the red tops would have us believe. They are often young people who get caught up in drugs and low level crime, who have led chaotic lives in poor circumstances that would challenge us all, or people with mental health problems who would once have been helped in hospital rather than locked in a prison cell.
Do you feel that the government could do more to help those leaving prison to obtain better skills for life on “the outside” and if so, what would UNLOCK like to see changed in an ideal world?
The government certainly could do more; much more.
We live in a world in which there are few unskilled jobs available. Those leaving prison face a tough enough challenge to find work in any case, and with few or no skills or qualifications, their job prospects are minimal or often non-existent. If the government, and indeed the rest of society, want to see people reform whilst in prison and live lawfully when they leave, then prison must be places where they can learn useful skills for work, or to access higher education in the future. Or both. Justice Secretary Kenneth Clarke is keen that prisons are places of work. He’s not wrong in that there is little benefit to be gained by prisoners being locked in their cells 23 hours a day with nothing constructive to do. The reality of full employment in prisons would only materialise however were the government to invest massively in transforming prisons beyond present recognition, which is a huge challenge – and a costly one. Nevertheless, real employment in prison could enable prisoners to be paid a proper wage, contribute towards their own upkeep, contribute to their families finances, contribute to victims funds and contribute to the public purse through income tax and national insurance. Moving into employment after prison would also be more likely when a person has proven skills and work habits.
UNLOCK would like to see all prisoners be given the opportunity to learn workplace skills and gain qualifications, and also be supported into employment when they leave prison. The two go hand in hand.
What new initiatives are UNLOCK currently working on to help people turn their lives around, and to persuade organisations to give people with criminal offences a chance?
UNLOCK provides advice and information on a wealth of issues particularly those relevant to getting a job, getting insurance and opening a bank account. In the course of our work it has become very apparent that people often do not know what is required in terms of disclosing their past convictions when trying to do any of these things. (In fact statutory agencies and employers frequently do not understand the ROA either!) So we have developed, and are currently trialling, an online tool that may be used by individuals and others to find out. Conviction information is input (dates, sentence, age etc) and information is returned as to what must be disclosed if/ when asked. It sounds simple but is in fact based on some complicated calculations which have thwarted government and other organisation up until now.
This calculator supports our campaigning work to bring about reform of the law itself, to reduce disclosure periods and to strengthen the ROA so that unlawful discrimination can be legally challenged. We are also working with the Ministry of Justice and the Home Office to re-think and amend the rules on disclosure for jobs that are excepted from the ROA - more information about this campaign can be found on the UNLOCKing Employment webpage.
In 2010 / 11 UNLOCK’s Information and Advice Service dealt with over 2,500 enquiries, predominantly answering questions on banking, insurance and employment / disclosure issues. In response to the issues that were raised by their members and service users, a number of guides were published filled with relevant information and advice. These include:
The reforms to the Rehabilitation of Offenders Act 1974 appears to be a good first step towards helping those with criminal convictions obtain work. What is UNLOCK’s stance on the proposals, and what else would you like to see revised in order to help ex offenders?
UNLOCK published their response to the recent Ministry of Justice Green Paper: Breaking the Cycle: Effective Punishment, Rehabilitation & Sentencing of Offenders, where the recommendations that we suggested included, but not limited to:
- The ROA should reflect modern equality law so that it is an offence to ask an applicant or employee about spent criminal convictions, subject to the excepted professions and occupations, and that this should be rigorously enforced.
- Those convicted with criminal offences should be aware of the ROA by their sentencers, and are aware of where they access information about disclosing their sentences.
- Renaming the “Rehabilitation Period” to “Disclosure Period” so that it easily understood, and reducing the time of these as proposed by the Rehabilitation of Offenders (Amendment) Bill.
The reforms to the Rehabilitation of Offenders Act 1974 predominantly assist those with few or small convictions, and will not affect those with longer rehabilitation periods. What could be done to help those multiple or serious convictions?
On the contrary, the proposed reforms to amend the disclosure periods (as tabled in Lord Dholakia’s Private Member’s Bill to amend the ROA) will include those whose sentences are in excess of 30 months, whereas they are currently excluded from the ROA. Other disclosure periods would be reduced to sensible levels to support access to employment rather than impeded it. Children and vulnerable groups will always be safeguarded because the nature of the work or the profession itself means that anyone seeking to work with these groups will be subject to criminal record disclosure. If the nature of a person’s previous offence means that they are unsuitable, they will be barred.
UNLOCK continue to carry out their good work in trying to create an equality for reformed offenders, and more information can be found on their website www.unlock.org.uk.
Unlike the main stream insurers that Julie has mentioned, homeprotect offers ex offenders insurance and will continue to do so. For more information on criminal convictions, reformation and our partnership with UNLOCK, you can find a variety of exclusive home insurance articles relating to criminal reform and insurance.