1. Criminal convictions and
fair admissions
UCAS Annual Admissions Conference 2017

2. 
Context
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Over 10.5 million people in the UK have a criminal record

3. 
Context

Over 10.5 million people in the UK have a criminal record
that’s nearly 1 in 6 of us

4. Lobbying to ‘ban the box’
Context
Individuals from some groups are more likely to have a criminal record than others, e.g.
BME
lower income
care leavers
Fear of labelling
and discrimination
Lobbying to ‘ban the box’
Legislation
Direct e.g. rehabilitation of offenders
Indirect e.g. data protection

5. Context
The current voluntary guidelines on fair, proportionate and transparent practice in assessing the suitability of those with criminal records to access further and higher education courses (published in February 2014 by Supporting Professionalism in Admissions) should be rigorously and universally implemented.
May 2016

6. Why consider criminal convictions?
Acceptably low risk to duty of care
Required for some courses leading to professions exempt from ROA
outside of HEP’s competence to judge criminal convictions
HEP’s ‘duty of care’ for all students, staff and visitors

7. UCAS’ role
When an applicant completes the UCAS application, they are presented with one or two questions:
The first is for all applicants and asks them to declare if they have a ‘relevant unspent’ conviction.
Tick-box for those who do, and no further information about the conviction is required.
The second question is only for applicants applying to courses leading to certain professions or occupations exempt from the Rehabilitation of Offenders Act (1974).
Applicants declare whether they have spent and unspent convictions that would appear on an enhanced criminal record check.

8. What should and should not be disclosed?
Is it relevant?
Is it spent?
Would it be filtered?
Only some convictions are deemed relevant to the HEP’s duty of care towards the safety of their students, staff, and visitors.
Includes convictions concerning violence, sexual offences, supply of drugs, offences involving firearms, arson, and terrorism.
Most convictions are considered spent after a specified amount of time and no longer count in most cases. The more serious the conviction, the longer the period of rehabilitation.
Spent convictions/cautions that are minor and more than a certain number of years old are filtered out and removed from all standard and enhanced disclosures. Q2 Q2 Q2 Q1 Q1 Q1

9. One reason why it’s so important
Filtering
It is illegal for HEPs to request
information on convictions that would be
filtered out of a DBS or other check, and
they cannot take these into account in
their decision-making.
One reason why it’s so important
for both HEPs and UCAS to get it right!

10. What should a HEP do with a declaration?
This is about making evidence-based decisions about unacceptable risk
This is about whether the applicant meets professional or statutory requirements 
This is not
about making
moral judgements
an alternative
judicial system 

11. Key good practice considerations
HEPs need to be very familiar with the laws and rules that govern what they can and can’t ask applicants
HEPs need to have robust policies and procedures in place to ensure they are compliant
Data security is really important!

12. The applicant experience
Pre-applicant
Applicant
Student
Graduate
Aspiration-raising, outreach and marketing
Student experience and success
Admissions
III II
III II
III II
III II
pre-application
post-application
application
transition

13. Pre-application considerations
It can be difficult for applicants to make enquiries directly to a HEP if they are worried about their conviction/s
Applicants are often confused about which convictions they need to declare
A conviction can be very disruptive to study, or be a symptom of other disruption in life
HEPs need to provide information on the website and train enquiry staff … and so does UCAS

14. Application
Staff in HEPs should be aware of the scope and purpose of the two questions regarding criminal convictions in UCAS Apply
Good IAG can help prevent applicants from wrongly declaring convictions
Rationale for collecting information must be clear, given that for most courses, there are no checks on anyone choosing not to declare

15. Application
Staff in HEPs should be aware of the scope and purpose of the two questions regarding criminal convictions in UCAS Apply
Good IAG can help prevent applicants from wrongly declaring convictions
Rationale for collecting information must be clear, given that for most courses, there are no checks on anyone choosing not to declare

16. Post-application
Keep the applicant informed about the process of consideration
Be clear in communicating the decision, especially if specific restrictions/conditions are included
Have a robust process for dealing with criminal convictions in Clearing, when decisions are more rushed!

17. Post-application
HE providers should have a valid risk assessment process to look into convictions, covering:
the nature of the offence, and whether it is relevant to the course applied to
any pattern of offending
the recommendations of any referees
mitigating circumstances
aggravating circumstances
any comments about the risk of re-offending noted in the pre-sentencing report or other official documents

18. Transition
Consider (but don’t assume) whether the student will have additional support needs.
Accommodation?
Finance?
Wellbeing?
Probation officer visits?
Anonymity?

19. Detailed reading

20. Criminal record declarations
in UCAS
Ben Jordan
Senior Policy Executive

21. Christopher Stacey, Co-director @chrisstacey | @unlock2000

22. Who are we?
Independent award-winning charity registered as a charity in 2000 by people with convictions. With staff, volunteers & trustees with convictions, we exist for two simple reasons:
To help people - information, advice and support to overcome the stigma of their previous convictions.
To promote a fairer and more inclusive society by challenging discriminatory practices and promoting socially just alternatives.
Vision – “A fair and inclusive society where people with convictions can move on positively in their lives”

23. Why? 10.5 million + people in UK have a criminal record
1 in 3 men (and 1 in 9 women) have a criminal record by the age of 56
1.4 million (26%) of all claimants of out of work benefits were convicted of at least one offence in the last 10 years
Around 250,000 standard/enhanced DBS checks disclose convictions and cautions every year

25. Admissions - The challenges
The numbers of people affected
People are discouraged from applying
The box on the UCAS form
Over-asking
Over-disclosing
Under-disclosing
Reliance on self-disclosure
Individual decisions / Reviews
Not following good practice

26. Examples of good practice
Strong internal process with senior level buy-in
Published policy and approach available on website
Ignoring UCAS declarations until acceptance of conditional offer
Clear questions with guidance
Positive and visible engagement
Training for admissions teams

27. What can be done? Understand the numbers
Remove questions from the initial stage
Improve SPA guidance
Follow SPA guidance
Provide support to applicants
Provide support and training to admissions professionals
Have review processes

28. Support we offer applicants
Links to Unlock from UCAS and SPA guidance
Information: “Universities and colleges”
hub.unlock.org.uk/education
“Is it spent?”
hub.unlock.org.uk/roa
“Will it be filtered?”
Helpline
hub.unlock.org.uk/contact

29. “Is it spent?” disclosurecalculator.org.uk
Find out if convictions are ‘spent’
Use the Rehabilitation of Offenders Act 1974
Organisations can set up accounts to help those they are working with

30. “Will it be filtered?”

31. Support we offer institutions
Supporting SPA guidance and UCAS developments
Guidance on “University admissions”
recruit.unlock.org.uk/university
“Admissions with Conviction” training for specific institutions

32. Any questions?
Christopher Stacey | Co-director mobile: online: unlock.org.uk/chris web: unlock.org.uk

33. For discussion How do you use the declaration in admissions?
How do you monitor, assess and evaluate its impact?
What, if anything, would make you change how you use it?