New vetting rules from HM Prison and Probation Service (HMPPS) automatically exclude many former prisoners from prison work. The ban covers jobs with the Prison Service and with charities working in jails, and it turns on the type of offence.
The guidelines rule out employing anyone serving a life sentence. Previous convictions for sexual offences, terrorism offences, organised crime, arson, stalking, significant deception or misconduct in a public office also lead to exclusion.
According to the guidelines, employing such people would pose an “unmanageable risk to the organisation and/or public safety”.
The HMPPS policy framework on risk-assessed access for staff with lived experience of the criminal justice system takes effect on 1 April. It says former prisoners bring unique perspectives to HMPPS. It adds that they improve the support and rehabilitation services it provides.
People who would fail standard vetting because of their convictions can use an alternative route into work. This is the Lived Experience Appointment Pathway (LEAP). The route stays closed to anyone whose convictions fall within the excluded offence types, known as the ‘fixed’ category.
The framework applies both to direct employment by HMPPS and to voluntary sector roles that involve regular visits to prisons. It sets out how risk assessments work. It also guides governors on using their judgement to approve or reject applicants.
Charities call for a rethink
Charity leaders criticised the approach. They want decisions to rest on each jobseeker’s risk rather than on the type of offence.
Working Chance promotes employment for female former prisoners. Its Deputy Chief Executive, Richard Rowley, welcomed the framework. He called it a positive step toward greater transparency. He said it signalled a genuine intention to match recruitment to HMPPS’s stated values on diversity, inclusion and lived experience.
However, he said the charity remained concerned about the restrictive ‘fixed’ category and the automatic exclusion it brings. He warned that it risked hitting people with lived experience disproportionately. That included people whose offences were historic, contextual or clearly mitigated by rehabilitation.
Mr Rowley called for greater clarity on the reasons for the exclusions. He said Working Chance sees many women who want to work for the services that supported them during their time in prison.
A Prison Service spokesperson said: “We vet our staff to ensure the security of our prisons. There are no exemptions for individuals in the excluded categories.” The spokesperson added that people in those categories may still attend prisons as visitors if agreed locally.
Clinks is the umbrella group for criminal justice charities. Difficulties with vetting also came up recently at a London event it held.
Its Director of National Influencing and Networks, Sam Julius, said: “The new framework is a step in the right direction. Securing staff access to prisons has been arguably the voluntary sector’s greatest challenge recently and this more flexible approach could go towards mitigating this.”
He said the framework takes a ‘fixed, flex’ approach. The fixed element covers offences that LEAP will always exclude, while other offences may receive a more contextual review. He wants the sector to engage officials on the evidence behind the exclusions. That engagement should focus on risk and rehabilitation, not offence type, he said.
The Independent Monitoring Boards also responded, as their board members face vetting before appointment. A spokesperson said the boards welcomed applicants with lived experience. However, vetting decisions lay outside their control. They would welcome any changes that made the process simpler and easier for applicants, the spokesperson said.
